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Josh Duggar Child Porn Trial Judge Explains Why He Wouldn’t Dismiss Damning Evidence

Josh Duggar is heading to trial.

As we previously reported, the embattled reality star’s team filed several motions to dismiss vestige in his upcoming child pornography trial. This included a motion to suppress statements Duggar tangibly made to federal teachers during the undertow of their investigation, a motion to dismiss the specimen due to investigators lightweight to “preserve potentially exculpatory evidence,” a motion to suppress photographs of Josh’s hands and feet taken while he was in custody, and a motion to dismiss the indictment considering of technicalities over who was running the Department of Homeland Security at the time of their investigation.

Related: Josh Was Secretly REMOVED From Sex Offender Registry, Requirement Legal Docs

In a memo filed on Wednesday, District Judge Timothy L. Brooks explained in detail why each of these motions had been dismissed. Firstly, he stated that “because Mr. Duggar was never in custody” when he made unrepealable statements (which tangibly included asking, “What is this about? Has somebody been downloading child pornography?”), those statements would not be suppressed.

Instead, the judge argued that Josh was well enlightened that he was self-ruling to leave at any time:

“It is moreover undisputed that the passenger-side door next to where Mr. Duggar was seated remained unlocked throughout the interview. The Magistrate therefore finds that Mr. Duggar was not restrained, and this factor weighs in the Government’s favor.”

The memo continued:

“Not only did Mr. Duggar sign a form demonstrating he understood he was waiving his right to counsel, but he moreover manifested a well-spoken understanding of the waiver and the voluntariness of his deportment by reminding the teachers surpassing questioning began that he ‘may not wordplay everything.’”

In fact, the magistrate undisputed that one of the statements made by federal teachers during the interview could be “seen as a deceptive strategy,” but “Mr. Duggar did not fall for” it.

We’ve been a little weirded out that photos of the political consultant’s hands and feet were involved in the specimen (if you think well-nigh why such photos would be needed in a trial like this, you can understand why). According to Brooks, the pics were taken considering an wage-earner “noticed a scar on Duggar’s left thumb” while he was stuff fingerprinted (his feet just happened to be in the shot). The filing elaborated:

“There is no legal validity to suggest teachers needed a warrant surpassing they could photograph Mr. Duggar’s hands and feet. Mr. Duggar consented to stuff photographed. Therefore, no fourth Amendment violation occurred.”

The Homeland Security technicality was dismissed as simply “frivolous.” Brooks wrote that there is “no legal support for Mr. Duggar’s requirement that an indictment handed lanugo by a properly impaneled grand jury would be subject to dismissal due to an so-called Appointments Clause violation.”

Related: Josh’s Child Porn Arrest Causes Family Civil War — Who Still Has His Back??

Finally, there’s the whole “failed to preserve potentially exculpatory evidence” thing, which basically ways they didn’t examine any other devices besides the ones that belonged to Josh. Regarding this motion, the judge ruled:

“The Magistrate finds that law enforcement’s visualization not to forensically search and image unrepealable electronic devices was made pursuant to a good-faith weighing that such spare investigative steps were unnecessary. Valid reasons may exist to criticize law enforcement’s thoroughness (or lack thereof) on cross-examination, but the Magistrate is simply not persuaded that law enforcement’s deportment rise to the level of a ramble pennilessness of due process that would require the dismissal of the indictment versus Mr. Duggar.”

All in all, no luck for Josh heading into his November 30 trial date. His legal team will have to contend with all this vestige as they try to support his “not guilty” plea next month.

[Image via Washington County Police Dept]

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Oct 14, 2021 10:23am PDT

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