Josh Duggar’s hands at the center of particular dispute over child pornography case
Josh Duggar’s legal team has filed a motion to have photos of his hands removed and removed from evidence in his pending child pornography criminal case. According to reports, Duggar has a distinctive scar on his hand which was photographed in prison after his arrest, and the motion claims that taking the photos was a violation of his rights.
“What is particularly obvious in [Homeland Security’s] conduct as such is that Duggar’s body parts were manipulated and that he had to pose for the photographs, ”says the movement according to PEOPLE. “In all respects, this constitutes a search and ‘intrusion on [his] human rights “- all without the presence of his lawyer – in violation of his rights to the Fourth, Fifth and Sixth Amendments”. and allow a defendant to be required to pose in a particular manner for these types of photographs. ”
However, The sun obtained documents which revealed the government responded by demanding that the judge reject the request, claiming that Duggar “had expressly consented to the photographs being taken.” He went on to state that “the photographs document a scar on the accused’s hand, which is clearly visible. Law enforcement observed the same scar in images recovered from the accused’s electronic devices seized under of a search warrant in this case “.
The documents alleged that the photograph of his hands “did not constitute an unreasonable or warrantless search of the defendant” and that “his hands were conspicuous and clearly visible”. Duggar was not required to remove his clothes when the photos were taken.
The defense alleges that several people gained access to Duggar’s work computer, which contained child pornography, and that investigators failed to properly store related evidence. Notably, government officials said “no evidence of criminal activity” had been found on electronic devices belonging to witnesses interviewed and searched. Duggar’s lawyers also argue that the case should be dismissed due to what they claim was an inappropriate appointment of the two acting secretaries of the US Department of Homeland Security during the period of investigation into Duggar.
Duggar’s lawyers haven’t stopped there, as they have also filed motions to suppress evidence they claim was acquired through deceptive means. The defense alleges that a judge was not fully informed about the files investigators were able to download from Duggar’s parking office computer. Lawyers also say investigators waited longer than they should have to fulfill their warrant, rendering it obsolete.
The old one 19 children and count star was arrested by Arkansas sheriffs on April 28, with no word on the cause of the arrest at the time. The next day, he was transferred into the custody of the US Marshals and formally charged with possession of child pornography. Duggar pleaded “not guilty” to the charges and remained in custody until a bail hearing.
Duggar has since been released on bail and is staying with a family friend. He is prohibited from having contact with minors other than his own children. The father of six has reportedly been allowed “unlimited contact” with his children, however, his wife – who is currently pregnant with the couple’s seventh child – must be present for visits. His trial is due to open in November.
If you or someone you know has been sexually assaulted, you can contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org.