Josh Duggar had photo of wife Anna and six kids as screensaver on computer he 'used to download child pornography’
JOSH Duggar had a photo of his wife Anna and their six children as a screensaver on the computer he allegedly used to download child pornography.
Josh, 33, was arrested and charged with possessing and receiving child pornography in April 2021.
In July, Josh’s legal team filed a Motion to Compel requesting the government provide them with discovery, which is evidence to be used at trial, including “an undated screen shot” and “all law enforcement reports and related discovery prepared by the Little Rock Police Department.”
In the state’s response, they provided more details of the investigation that led to Josh's arrest.
Police found two downloads were made at an IP address in May 2019.
One download was of 65 child pornography images of one prepubescent female approximately seven to nine years old and the second was of a two-minute, 11-second video of two prepubescent females approximately seven to nine years old with an adult male.
Police learned the IP address was assigned to Josh at his used car dealership in Springdale, Arkansas.
Police seized the dealership’s computer and multiple electronic devices belonging to Jim Bob and Michelle's oldest child.
The court papers read: “Inside the small building on the lot, which operated as the business’s main office, law enforcement located an HP Desktop Computer with an image of the defendant and his family on its screen.”
Prosecutors are asking the court to deny Josh’s team’s request to see the evidence, as they argue in the court papers: "In his motion, however, the defendant seeks to compel the United States to turn over either nonexistent or immaterial information to which he is not entitled.
“Specifically, with respect to Detective Kalmer’s undercover downloads, the defendant seeks material that does not exist.”
The court papers continued: “The information the defendant seeks is nonexistent, and this portion of his motion to compel should therefore be denied.”
JOSH FIGHTS BACK
In Josh’s motion, his team claimed: “The Government disclosed to the defense a screen shot. However, the screen shot does not identify what it is a screenshot of and the Government has not provided any information concerning the ‘Summary' or ‘Investigative Activity.’"
Josh’s team has “repeatedly attempted to obtain this unambiguously discoverable evidence,” but the Government has “refused to produce this evidence.”
They claimed the government is also refusing to disclose to them police reports and related evidence from the Little Rock, Arkansas police department.
The court papers read: “Government has responded to these discovery requests in a way that strongly suggests the discovery exists but the prosecution simply refuses to turn it over.”
Josh’s team claimed he is “legally and constitutionally entitled to” the evidence, but “the government has flat-out refused to produce it.”
They believe Josh’s computer forensics expert should have access to the data.
The 19 Kids and Counting star’s attorney then took aim at authorities, including Special Agent Faulkner, who spoke at Josh’s detention hearing.
The court papers claimed he omitted the “alleged investigative activities of two other law enforcement agencies” when testifying at the hearing under oath.
They believe the evidence shouldn’t be allowed and they question his “credibility.”
HEADED TO TRIAL
As The Sun reported, Josh pleaded not guilty to the two child pornography counts.
Josh requested the court postpone his July trial date “in or after February 2022.”
The United States responded by agreeing to a three-month delay, but they explained anything additional is “unnecessary.”
An Arkansas judge found the postponement “appropriate” and reset the jury trial for November 30, 2021.
According to court papers, the trial has the potential to last until December 3.
The former 19 Kids and Counting star is currently on home confinement until his trial and is living with third party custodians LaCount and Maria Reber, who are longtime friends of Jim Bob and Michelle.
Josh is residing in a massive mansion in Elkins, Arkansas with the Reber family.
The Arkansas judge on the case ordered Josh to wear a GPS ankle monitor.
Josh’s wife Anna, who is pregnant with their seventh child and due in the fall, is standing by her husband and has visited him with their children.
Josh has unlimited access to his children with Anna present.
The family’s reality show Counting On, which Josh has not appeared on, was canceled in light of the scandal.
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