Josh Duggar ordered to provide alibi and witnesses as child pornography case heads to trial
JOSH Duggar has been ordered to provide an alibi and witnesses as his child pornography heads to trial.
Josh, 33, was arrested and charged with possessing and receiving child pornography in April 2021.
Jim Bob and Michelle Duggar's oldest son has pleaded not guilty and is headed to trial on November 30.
The Sun can exclusively reveal prosecutors are requesting the court order Josh to provide “any intended alibi defense and that such notice include each specific place where the Defendant claims to have been at the time of the alleged offense.”
The government is asking in the court documents for his alibi “on or about May 14, 2019 through May 16, 2019, between approximately 11:00 a.m. to 7:00 p.m. each day at Wholesale Motors in Tontitown, Arkansas.”
They are also asking for “the name, address and telephone number of each alibi witness on whom the Defendant intends to rely.”
FAILED DISMISSAL ATTEMPT
The court request comes after Josh’s motion to have the case dismissed was denied.
Josh appeared in Arkansas court in September for a hearing regarding a series of motions, including his request to dismiss the child pornography case entirely.
Attorneys for the disgraced 19 Kids and Counting star first filed a motion to dismiss the case because the government allegedly failed to “preserve potentially exculpatory evidence,” which is evidence favorable to a defendant that could exonerate him of the crime.
The court papers claimed certain people had access to Josh’s used car lot Wholesale Motorcars’ wireless internet.
Though law enforcement searched the witnesses’ devices, they allegedly “failed to preserve any evidence obtained during these searches.”
The first witness interviewed on December 16, 2019 is described as a “person of interest.”
The court papers read: “Witness #1 admitted to investigators he worked at the Car Lot at various times and that, on several occasions, he even stayed at the Car Lot overnight without Duggar’s knowledge or permission.
“Witness #1 admitted to viewing adult pornography through websites he accessed through the internet on his cellular phone and, when asked by these federal agents, denied viewing child pornography.”
The witness’ cell phone was searched and no child pornography was found.
Authorities “preserved no evidence whatsoever from the search of Witness #1’s phone including its contents and metadata,” according to court papers.
The court docs then mention two more witnesses whose devices were examined.
The court papers continued: “Where the evidence the Government failed to preserve is potentially exculpatory, dismissal is mandated if the Government acted in bad faith in destroying or failing to preserve the potentially exculpatory evidence.”
Seeing the evidence is crucial for the defense, as they said of one example “the devices may have contained content as to whether these devices had any relevant internet search history, any evidence associated with the so-called ‘dark web’ and/or the Bit Torrent network, any metadata that might pinpoint the whereabouts of the devices at various dates and times, and the list goes on.”
The evidence could have “been searched by people with ‘expert skill’ in ‘a properly controlled environment,’” just as Josh’s devices were.
They asked to dismiss the case and at minimum “have an evidentiary hearing to determine what can be determined based on the searches performed and to explore the possibility of alternative remedies.”
WIFE BY HIS SIDE
Josh’s wife Anna, who is pregnant with their seventh child, was by her husband’s side in court.
The Sun previously reported Anna is “convinced he will soon be free and able to raise his kids.”
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 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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