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Judge denies requests by Josh Duggar's legal team to dismiss child porn case

Duggar's attorneys filed multiple motions, accusing the U.S. Government of mishandling the investigation into his alleged possession of child porn.

SPRINGDALE, Ark. — A federal judge has dismissed four motions filed by reality TV star Josh Duggar's legal team in his child pornography case in Arkansas. 

According to court documents, Duggar's lawyers filed the following request for Judge Timothy L. Brooks to consider on Sept. 27, 2021:

  • A motion to suppress statements made by Duggar on Nov. 8, 2019
  • A motion to suppress photographs of Duggar's hands and feet
  • A motion to dismiss an indictment for violation of the appointments clause
  • A motion to dismiss for the government's failure to preserve potentially exculpatory evidence

On Wednesday, Oct. 13, Judge Brooks dismissed each request, meaning Duggar's trial will continue. 

In one of the motions, Duggar's legal team argues that the U.S. Government denied his right to counsel when federal agents seized his cell phone from his Springdale used car lot while searching the property on Nov. 8, 2019. Duggar was not under arrest at the time and was allowed to leave the property if he wanted to, according to court statements. 

Duggar's lawyers also requested photos of Duggar's hands and feet taken as he was booked into jail removed from the court case. They say the images, which officers captured while taking Duggar's fingerprints after noticing a scar on his thumb, were taken without an issued warrant and an attorney present.  

The other motions imply that Duggar's case should be thrown out due to leadership change at Homeland Security during the investigation - and that federal agents failed to preserve evidence by not performing forensic analyses of electronic devices possessed by certain vital witnesses. 

Background on Duggar's Case

In April of 2020, Duggar was arrested by U.S. Marshals and booked into a Northwest Arkansas jail for allegedly possessing child porn. 

After a court appearance in May, a judge released Duggar to live with third-party custodians while he awaits trial. 

While giving testimony in court about the investigation into Duggar, a Department of Homeland Security special agent said the alleged child porn located on Duggar's computer ranked among the worst he has seen in his career investigating child pornography.

In June, attorneys for the reality TV star requested to have his trial delayed until 2022 so that an independent computer forensic specialist could look at the devices police seized from Duggar's property. A judge denied that request and Duggar is scheduled to appear in court again this November. 

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