JOSH Duggar is demanding a new trial after he was found GUILTY on child pornography charges.
Josh, 33, was found guilty of possessing and receiving child pornography on December 9 after a nearly two-week trial.
Josh’s legal team requested the court grant him an additional 10 days to file the post-trial motions, as a judge approved to extend the deadline to January 19.
The Sun can exclusively reveal Josh’s legal team filed a motion for an acquittal of the guilty verdict.
In the alternative, the court papers also request a new trial.
If both are denied by the court, his legal team is asking to dismiss count 2, which is the possession of child pornography charge.
The court papers claim regarding an acquittal that the Government “failed to adduce any evidence that Duggar ‘knew that the visual depictions were of a minor engaging in sexually explicit conduct’—a necessary element for conviction of each count.
“The evidence at trial established that certain files allegedly found on the HP desktop computer were never viewed by any user of the computer and that all the files at issue had been deleted shortly after being downloaded.
“The jury had no evidence that Duggar personally viewed any specific portion of any of the files allegedly found on the computer.”
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FIGHT FOR NEW TRIAL
In regards to a potential new trial, Josh’s legal team argued the Government failed to timely present exculpatory evidence, which can create reasonable doubt for the defendant, and that they were unable to call Wholesale Motorcars worker Caleb Williams.
The documents claimed Caleb had access to the car lot and desktop computer, where the child pornography was downloaded, at “relevant time periods” and that law enforcement “failed to meaningfully investigate the possibility that anyone other than Duggar may have committed the crimes charged.”
The team claimed Caleb regularly used the computer in the month and weeks leading up to the May 2019, when photos and videos of child sex abuse materials were downloaded.
The documents claim the Government “disregarded” this evidence.
They claimed Caleb contacted the Government on multiple occasions in advance of the trial.
He allegedly wrote to prosecutor William Clayman: “I was completely mistaken about not being at the Wholesale Motorcars lot during the time I was in Arkansas (AR) between May 8, 2019 – May 11, 2019. I do not know if I was on the lot computer or even if I ended up going there.
“It looks like during my time there, I did odd work for the guys and maybe even Josh Duggar. In the messages between Josh Duggar and I, while I was in AR, as attached in one of these screenshots I am providing, I tell Josh I was planning to come to the lot a couple of days. I apologize for the mistake; I had no intention to mislead you all.”
He claimed he may have been there May 11, 2019, the date the Linux partition, which splits the computer in half, was downloaded.
Another email from Caleb to prosecutors read: “I’ve also found a few more passwords if you all want them. At some point several of the Duggar guys asked me to run the back ends of some of their social media to help them sell cars. Jed, Josiah, and Joseph I do believe. I still have access to Jed’s fake account and Josiah’s account.”
Josh’s legal team describes this information as “critical,” as the Government tried to prove at trial that only Josh had the password to the partition.
They claimed prosecutors “hid the ball from the defense” and waited five days to to present the evidence.
The court papers read: “Had the defense possessed this information when it became available, it would have meaningfully affected trial strategy and provided additional fodder for cross examination of Government witnesses.”
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'UNQUALIFIED EXPERT'
They also argued that the Government “failed to turn over exhibits created by the Government’s expert witness, James Fottrell in advance of trial.”
At trial, Josh’s lawyer Justin Gelfand argued the exhibits were created after their forensics expert took the stand, though James insisted they were created before trial.
The team also claimed the expert witness testified about “geolocation” despite the fact that that he was allegedly “unqualified.”
At trial, the expert used geolocation to place Duggar at the car lot at certain dates and times the child pornography was downloaded.
The court papers read James has “no knowledge about how geolocation, EXIF data, or GPS coordinates work”
The documents then requested an alternative to dismiss the possession of child pornography charge, which is the lesser offense.
'WE PLAN TO APPEAL'
Josh’s lawyer said in a press conference on December 9 after the guilty verdict: “We respect the jury’s verdict and we look forward to continuing this on appeal.
"We plan to appeal at the appropriate time.”
Josh faces 20 years in prison for each of the two counts.
Josh was arrested and charged with possessing and receiving child pornography in April 2021.
SHOCKING TRIAL
The guilty verdict is the culmination of a nearly two-week trial that saw graphic details and testimony.
Among the most shocking revelations was the testimony from Josh's ex-girlfriend's mother, Bobye Holt, who broke down in tears and claimed in court that he once confessed to molesting a 5-year-old girl when he was a teen.
Bobye told the jury that she visited the Duggar's home when Josh was 15, and at that time he confessed to touching the 5-year-old girl inappropriately.
"We have been friends with the Duggars for 36 years. Our children were best friends," she told the courtroom.
"Our oldest was Josh's girlfriend in November of 2002. It was formal. They were 14."
Bobye continued: "On March 23, 2003, Mr. Duggar asked us to come over for an important matter.”
According to Bobye, Josh admitted to inappropriately touching several girls when he was "12 to 15 years old."
Bobye alleged the youngest girl was 5-years-old and her molestation occurred during bible time.
The family friend then broke down in tears, as she revealed horrifying details of the molestation confession The Sun has chosen not to include in this post.
She then testified that the plan was for her daughter and Josh to "get married," but the parents decided to call off the courtship after learning of the alleged sexual abuse.
She explained: "He told us so our oldest daughter would know why the relationship had to end. Josh went to a facility for troubled youth."
In 2015, a police report was published that revealed his dad, Jim Bob, confessed to local authorities in 2006 that Josh inappropriately touched several young girls while they were asleep in the family home years prior.
The state used the molestation information at trial, as it shows his alleged “sexual interest in young girls.”
DISTURBING CONTENT
More damning evidence came when officials dissected Josh's HP computer, which they argued had access to the dark web.
On one of the first days of the trial, it was revealed that one file name found on his HP desktop computer was of a video of a "3-month-old being sexually abused.”
One folder contained 65 thumbnail files, which is where the disturbing content was found.
The jury was shown the images and videos prosecutors claim were found on his computer.
Prosecutor William Clayman provided alleged texts from Josh’s phone, as well as photos taken on the device, were shown to take place at the same time that child pornography content was supposedly being downloaded at Wholesale Motorcars.
JOSH'S REACTION
When the jury handed over the guilty verdict, Josh was immediately handcuffed and taken into custody at Washington County Jail, where he was placed in solitary confinement away from other prisoners for his safety until his sentencing.
Josh’s wife Anna, 33, was by his side every day at the nearly two-week-long trial.
Though Josh, who shares seven children with Anna, didn’t cry after hearing the guilty verdict, he was “teary-eyed” and “solemn" when handcuffed, according to The Sun's reporter at the scene.
He stopped to tell his wife Anna that he “loved” her on his way out.
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).
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