Josh Duggar faces new blow as government demands to keep his desktop computer in child pornography case before trial
JOSH Duggar is facing a new blow in his child pornography case, as the government is demanding to keep his computer before trial.
Josh, 33, was arrested and charged with possessing and receiving child pornography in April 2021.
From Josh’s now-closed used car lot Wholesale Motorcars, the Government seized his HP Desktop Computer All-in-One, Apple iPhone, MacBook Pro, Digital Video Recorder Drive, 8GB thumb drive,16 GB SD Card, an 8GB Micro SD Card and a 4 GB Thumb Drive, according to court papers.
Homeland Security raided the dealership in November 2019 as part of the federal investigation.
The Sun can exclusively reveal the government filed a “notice of its intention to seek the forfeiture of the following property: HP Desktop All-In-One,” court papers from November 1 state.
The government is essentially requesting the court keep the property once seized.
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TAKING HIS CHANCES AT TRIAL
Josh pleaded not guilty to the two child pornography counts.
The trial has been set for November 30 and has the potential to last until December 3.
The Sun previously reported Josh had until October 18 to accept a plea agreement and change his non-guilty plea.
No change of plea was filed.
If Josh files a change of plea after October 18, it will be considered an “open plea,” meaning he will plead guilty without the benefit of a plea agreement.
The court, however, could grant an exception if they are able to show good cause up to 10 days before trial.
DISMISSAL DENIED
In September, the judge denied his request to throw out the case.
Attorneys for Josh first filed a motion to dismiss the case because the government allegedly failed to preserve 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.
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.”
A judge denied the dismissal.
LIFE ON HOME CONFINEMENT
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.
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 any day now, is standing by her husband.
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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