Josh Duggar ordered to provide alibi, 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 Possession and Receipt of Child Pornography in April 2021.
Jim Bob and Michelle Duggar’s oldest son has pleaded not guilty and will be tried on November 30.
The Sun can exclusively reveal that prosecutors are asking the court to order Josh to provide “any contemplated alibi defense and that this notice includes each specific location the defendant claims to have been at the time of the alleged offense.”
The government is asking in court documents for his alibi “between or about May 14, 2019 and May 16, 2019, between 11:00 a.m. and 7:00 p.m. approximately each day at Wholesale Motors in Tontitown, Arkansas.”
They also ask for “the name, address and telephone number of each alibi witness on which the defendant intends to rely”.
FAILED TERMINATION ATTEMPT
The court’s request comes after Josh’s petition to dismiss the case was dismissed.
Josh appeared in Arkansas court in September for a hearing on a series of petitions, including his request to dismiss the child pornography case entirely.
Lawyers for the disgraced 19 Kids and Counting star initially filed a motion to dismiss the case because the government allegedly failed to “keep potentially exculpatory evidence,” which is evidence favorable to a defendant who could. exonerate from crime.
Court documents claimed that some people had access to the wireless internet at Josh’s used car fleet.
Although the police searched the devices of witnesses, they reportedly “failed to preserve the evidence obtained during these searches”.
The first witness interviewed on December 16, 2019 is described as a “person of interest”.
Court documents stated: “Witness 1 admitted to investigators that he had worked at Car Lot on several occasions and that on several occasions he had even spent the night at Car Lot without Duggar knowing or not knowing. ‘got permission.
“Witness # 1 admitted viewing adult pornography on websites he accessed via the Internet on his cell phone and, at the request of these federal agents, denied viewing child pornography.”
The witness’s cell phone was searched and no child pornography was found.
Authorities “have not kept any evidence of the search of Witness 1’s phone, including its content and metadata,” according to court documents.
Court documents then mention two other witnesses whose devices were examined.
Court documents continued, “Where evidence the government has not retained is potentially exculpatory, termination is mandatory if the government has acted in bad faith by destroying or failing to preserve potentially exculpatory evidence.”
Seeing the evidence is crucial for the defense, as they said of an example “the devices may have contained content indicating whether these devices had relevant internet search history, evidence associated with the so-called ‘web dark ”and / or Bit Torrent Network, any metadata that could locate devices at different dates and times, and the list goes on.
The evidence could have “been sought by people with” expert skills “in” a properly controlled environment “, much like Josh’s devices.
They called for the case to be closed and at a minimum “to have an evidentiary hearing to determine what can be determined on the basis of the searches carried out and to explore the possibility of other remedies”.
WOMAN AT HER CTÉ
Josh’s wife Anna, who is pregnant with their seventh child, was alongside her husband in court.
The Sun previously reported that Anna was “convinced that he will soon be free and able to raise his children.”
The former 19 Kids and Counting star is currently housebound until her trial and lives with third-party custodians LaCount and Maria Reber, who are longtime friends of Jim Bob and Michelle.
Josh resides in a huge mansion in Elkins, Arkansas, with the Reber family.
The Arkansas judge in charge of 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, in which Josh did not appear, has been canceled in light of the scandal.