Josh Duggar begs judge to postpone child porn trial to 2022 so a computer forensic expert ‘can examine his devices’
JOSH Duggar is requesting an Arkansas Judge delay his child porn trial from July 2021 to February 2022 so a computer forensic expert “can examine his devices.”
, 33, was in April, as he awaits his trial on home confinement.
In court papers exclusively obtained by The Sun, Josh requested the court postpone his trial date “in or after February 2022.”
Josh’s legal team called the case “complex,” as it involved a “several-year federal investigation” with allegations of the “dark web” and “peer-to-peer BitTorrent file-sharing networks,” both of which are common in the receiving of child pornography.
The Government’s allegations against Jim Bob and Michelle’s son center around “computer forensic evidence and anticipated expert opinion testimony.”
The court papers claimed the defense has "retained an independent computer forensic expert who must conduct a computer forensic examination of each of the devices at issue—a time-consuming process that requires review at a government facility for the one device the Government alleges contained child pornography.”
The defense’s expert must also “conduct a time-intensive process of reviewing the remaining devices that the Government does not allege contained child pornography.”
This process may take "several months.”
The defense also requires “additional time to complete its review of the discovery and, separately, to pursue certain investigative leads based on the discovery.”
They claim there are certain key witnesses the Government did not interview and possible evidence not obtained during the investigation.
The court papers also argue the defense requested additional discovery, which is evidence, from the government that has not been received, including police reports or documents from Little Rock Police Department’s investigation.
The Government also disclosed that two other agencies were involved “in a minimal capacity” in the investigation, though the defense has not been made aware of which, they claim.
The defense also believes there will be an evidentiary hearing, which involved witness testimony, before trial.
The defense team claims the evidentiary hearing could even “obviate the need for a trial.”
The court documents continued to claim: ‘The defense requests a trial date in or after February 2022 to give Duggar sufficient time to fully prepare a defense in this case and due to certain scheduling conflicts during the remainder of 2021.”
This comes after The Sun was filed on June 11.
According to court papers, attorneys for the United States are prepared to make discovery, which is evidence, available to Josh’s defense team.
The parties requested the order to “avoid information that identifies or could be used to identify a child victim or witness.”
According to the order, all documents that disclose the name or any other information concerning a child must be in a secure place.
When the documents are filed with the court, the papers must be placed under seal, which means they are not available to the public, or names must be redacted.
As for testimony of a child witness and the testimony of any other witnesses who may divulge information concerning a child, those must be taken in a closed courtroom.
The Protective Order also applies to “Sensitive Information” including, “written documentation, electronic data and video or audio recordings.”
“Sensitive Information” also includes any minor witness or victim’s name, school, social media names, handles or user IDs, home address, birth date, photographs or visual depictions.
Josh’s attorneys discussed the Protective Order with him and he “agrees to be bound by all its terms.”
By agreeing to the protective order, Josh and his Defense Team “do not concede - and expressly reserve the right to contest - that any of the United States’ allegations against the defendant are true or that any of Defendant’s actions would have resulted in any person becoming a victim.”
An Arkansas judge signed off on the order.
The Sun previously broke Josh was .
The arrest is related to the 2019 Homeland Security raid on Josh's .
According to the indictment, Josh between or about May 14, 2019 and on or about May 16, 2019.
For the second count, Josh “knowingly possessed material that contained images of child pornography,” including “images of minors under the age of 12.”
If convicted, he could receive 20 years in prison with fines up to $250,000 for each count.
Josh at his arraignment and was .
Special Agent Gerald Faulkner from Homeland Security was the first to take the stand at the bond hearing, as he was questioned by the prosecutor.
He said: “In May of 2019, [an Arkansas police officer] identified a computer participating in the known sharing of photos and videos of child pornography.”
He claimed Josh had one two-minute video on his computer of two underage females and a male who performed sexual acts on the children.
Also found were 65 images of an underage female “consistent with child pornography.”
The victims were ages 5 to 10.
It was also alleged in order to get a hold of the images.
Josh admitted he had a TOR browser on his computer, which gave him access to the dark web anonymously.
The former 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 with the Reber family.
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The Arkansas judge on the case .
Josh’s wife Anna, who is pregnant with their seventh child, is and has visited him with their children.
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Josh has with Anna present.
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).