Josh Duggar’s child porn trial delayed to November after his lawyer begs judge for more time to ‘examine electronics’
JOSH Duggar’s child porn trial has been delayed to November 2021 after his lawyer begged an Arkansas judge for more time to “examine his electronics.”
, 33, was in April, as he awaits his trial on home confinement.
Josh requested the court postpone his trial date “in or after February 2022.”
The United States responded by , but they explained anything additional is “unnecessary.”
The Sun can exclusively reveal 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 pretrial conference has been moved from July 2 to November 18, 2021.
The court documents read: “The Court grants this continuance based on its finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial, because otherwise the defendant’s counsel would be denied the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.”
Josh has until October 18, 2021 to change his not guilty plea and until October 20, 2021 to submit a signed plea deal.
A change of plea hearing, if needed, is set for October 22.
The Sun exclusively reported “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.”
The defense also believes there will be an evidentiary hearing, which involves witness testimony, before trial.
The defense team claimed the evidentiary hearing could even “obviate the need for a trial.”
The court documents continued to read: ‘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.”
The Sun also reported an attorney for the United States has to February 2022.
Court papers obtained by The Sun reveal the United States “does not oppose a reasonable continuance of approximately three months to allow a defense hired expert to review the digital evidence in this case and provide a subsequent opinion.”
However, they called his requested continuance until February of 2022 an “unnecessary delay.”
The filing revealed the evidence filed “consists of two separate computers, one containing the Child Sexual Abuse Material charged in the Indictment and the other containing relevant corroborative evidence, such as text messages and digital photographs, placing Mr. Duggar in proximity to the computer containing CSAM during the relevant timeframe.”
Josh’s defense team’s review of the computers is scheduled to take place Wednesday, June 23 and will conclude on or before Friday, June 25.
They claimed there “exists no legally or factually valid reason supporting a continuance until February of 2022.”
The United States claimed Josh’s attorneys have had the evidence since May and “three additional months should provide ample time to ‘complete’ their review of the reports and identify any alleged witnesses favorable to the defense.”
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 .
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).