JOSH Duggar has been ripped for demanding a new child pornography trial as officials claimed his “guilt is clear and overwhelming.”
Josh, 33, was found guilty of possessing and receiving child pornography on December 9 after a nearly two-week trial.
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Josh’s legal team filed a motion for an acquittal of the guilty verdict, a new trial, or the dismissal of the possession of child pornography charge, as they argued there is no evidence he personally viewed the child pornography found on his HP desktop computer.
The Sun can exclusively reveal prosecutors have responded to Josh’s request.
According to court papers, prosecutors claimed “the evidence of the defendant’s guilt is clear and overwhelming.”
In Josh’s request, his team argued that the Government “failed to adduce any evidence that Duggar ‘knew that the visual depictions were of a minor engaging in sexually explicit conduct’—a necessary element for conviction of each count.
“The evidence at trial established that certain files allegedly found on the HP desktop computer were never viewed by any user of the computer and that all the files at issue had been deleted shortly after being downloaded.
“The jury had no evidence that Duggar personally viewed any specific portion of any of the files allegedly found on the computer.”
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But prosecutors argued in their response filed on February 11: “The government did not need to provide evidence that he personally viewed the material to convict him of receiving and possessing child pornography, it only had to prove that he knew the material was of minors engaging in sexually explicit conduct.”
The Government’s filing continued that Josh’s expert witness at trial, Michele Bush, proved “child sexual abuse material was downloaded to a password-protected Linux partition on his computer using two different programs and he knew the programs existed on his computer.”
The court papers read: “There can be no doubt—let alone a reasonable one—that the defendant knew the visual depictions he received and possessed were of minors engaging in sexually explicit conduct.”
In regards to a potential new trial, Josh’s legal team argued the Government failed to timely present exculpatory evidence, which can create reasonable doubt for the defendant, and that they were unable to call Wholesale Motorcars worker Caleb Williams to the stand.
Attorneys for Josh claimed Caleb had access to the car lot and desktop computer, where the child pornography was downloaded, at “relevant time periods” and that law enforcement “failed to meaningfully investigate the possibility that anyone other than Duggar may have committed the crimes charged.”
Josh’s legal team claimed Caleb regularly used the computer in the month and weeks leading up to the May 2019, when photos and videos of child sex abuse materials were downloaded.
The documents claim the Government “disregarded” this evidence.
The Government responded in their filing that Caleb committing the crimes is “pure fiction,” as he wasn’t in Arkansas at the time the crimes were committed.
In regards to exculpatory evidence, the Government argued he “was not identified as a possible suspect or witness by law enforcement.”
Prosecutors also claim Caleb was allowed to be called to the stand, but Josh’s legal team made the “strategic” decision not to.
Josh’s legal team also argued that the Government’s forensics expert at trial used geolocation to place Duggar at the car lot at certain dates and times the child pornography was downloaded.
The court papers read the expert had “no knowledge about how geolocation, EXIF data, or GPS coordinates work.”
The Government hit back that he is “thoroughly qualified.”
Prosecutors also requested the judge deny their demand to dismiss the possession of child pornography charge.
The filling read: “The defendant, for his part, claimed that someone else did it, but his attempts to scapegoat others collapsed under the mildest scrutiny.
“His own expert largely agreed with government’s explanation of the facts and, when given the chance to rebut evidence placing the defendant at the computer, conceded that she could not.
“Further, when given the chance to substantiate his speculative defense with other witnesses, the defendant instead rested his case. The Court should deny the defendant’s motion in its entirety.”
JOSH FIGHT BACK
Josh planned to file an appeal, as his lawyer said in a press conference on December 9 after the guilty verdict: “We respect the jury’s verdict and we look forward to continuing this on appeal.
“We plan to appeal at the appropriate time.”
SHOCKING TRIAL
The highly-publicized jury trial lasted two weeks before the jury submitted a guilty verdict on both counts.
At trial, prosecutors presented damning evidence from Josh’s HP computer.
It was revealed that one file name found on his HP desktop computer was of a video of a “3-month-old being sexually abused.”
One folder contained 65 thumbnail files of an underage girl.
The jury was shown the images and videos prosecutors claim were found on his computer.
Prosecutor William Clayman provided alleged texts and photos were taken on Josh’s phone at the car lot to show he was there at the same time child pornography content was downloaded at Wholesale Motorcars.
BEHIND BARS
When the verdict was read, Josh was immediately handcuffed and taken into custody at Washington County Jail, where he was placed in solitary confinement away from other prisoners for his safety until his sentencing.
He faces 20 years in prison for each of the two counts.
Josh was arrested and charged with possessing and receiving child pornography in April 2021.
Josh shares seven children with his wife Anna, who is standing by her husband’s side.
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If you or someone you know is affected by any of the issues raised in this story, call RAINN (Rape, Abuse, & Incest National Network) at 800-656-HOPE (4673).
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