Josh Duggar’s attorneys need hand and toes photographs tossed, case dismissed in baby porn case

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WASHINGTON COUNTY, Ark. (KNWA/KFTA) — Attorneys for former actuality TV star of the TLC present “19 youngsters and counting” Josh Duggar filed motions to get photographs of Duggar’s palms and toes whereas in custody suppressed and the case dismissed as a result of prosecution’s failure to protect exculpatory proof.

Exculpatory proof is any proof which will show a defendant’s innocence.

The unique motions have been filed again on August 20 by Justin Gelfand, Duggar’s legal professional, to suppress or dismiss proof, specifically, photographs of Duggar, 33, palms that have been taken whereas he was in custody on April 29, 2021, on the Washington County jail in Fayetteville, Arkansas. Duggar’s protection argues that the prosecution didn’t get hold of a warrant authorizing the photographs of Duggar whereas in custody.

Joshua Duggar
FILE – Former actuality TV star Duggar’s trial on baby pornography prices has been moved to November. (Washington County Arkansas Jail by way of AP, File)

The prosecution issued a response to this movement saying the HSI investigator requested Duggar if he might {photograph} his palms and he consented. The pictures doc a scar on Duggar’s hand, which is similar scar in photos recovered from Duggar’s digital gadgets seized throughout a search warrant.

The protection argues totally different angles of his palms have been photographed, each palms being photographed when the left hand was the one wanted for the prosecution and the depiction of Duggar’s toes alongside along with his palms is sufficient to have the court docket suppress the images.

Suppression of the images is just not warranted since Duggar voluntarily consented to them, based on the prosecution’s response citing Tempo v Metropolis of Des Moines eighth Cir. 2000.

Duggar’s attorneys additionally contend that regulation enforcement violated Duggar’s rights as a result of the images have been taken when authorized counsel was not current.

The prosecution says his proper to counsel solely attaches at essential phases of the proceedings, and the taking of images is just not a essential stage of the proceedings.

One other movement was filed on the identical day the place the protection requested the court docket to dismiss the case primarily based on the prosecution’s failure to protect probably exculpatory proof.

In response to the movement, the protection states the exculpatory proof was three cell telephones that have been obtained by regulation enforcement.

The protection claims that one witness, who was in custody, “allowed regulation enforcement to look at his cellphone through the interview.” Legislation enforcement didn’t create a forensic report or forensic picture of this system, based on the movement, and the telephone was given again to the witness.

In a response to this movement, the prosecution confirmed one witness was manually reviewed by regulation enforcement and given again the telephone with out the forensic instrument as a result of no proof of kid pornography was discovered.

The prosecution says the second telephone was from a witness who was interviewed in December 2019 and consented to the handbook evaluation of the telephone’s contents with out the forensic instrument. No proof of kid pornography was discovered and the telephone was given again.

The third witness’ additionally allowed their telephone to be seen through the interview with regulation enforcement. Officers noticed no pornographic materials and the telephone was returned. This witness additionally was incarcerated through the Could 2019 timeframe.

Duggar’s legal professionals say in a movement the denial of Duggar’s rights beneath the due course of clause, arising from the Homeland Safety Investigator’s failure to protect proof from three digital gadgets, considered one of which belonged to an individual of curiosity within the baby porn investigation.

The opposite two belonging to people that have been learn their Miranda rights entails “the failure to look at the basic equity important to the very idea of justice.”

On this case, the Authorities’s resolution to grab and “manually evaluation” two witnesses’ cell telephones, and to “forensically evaluation” one witness’ system, whereas preserving completely no data for Duggar to evaluation, deprives Duggar of his constitutionally assured proper of entry to probably exculpatory proof. For this, Duggar is entitled to the treatment of dismissal if the Authorities’s failure to protect this proof was in unhealthy religion.

Protection court docket paperwork present

The data on the three witnesses’ cell telephones is just not restricted to serving to Duggar, based on the protection. This might set up that Duggar was “not the one particular person who had entry to the lot.”

The prosecution says that the protection’s suggestion that they “by some means did not protect forensic photos copies is baseless.” Two of the telephones have been reviewed manually, which might not lead to a forensic copy, and the third was not imaged both.

The protection argues that this proof the prosecution possessed for a short while was probably exculpatory and irreplaceable. The due course of clause would mandate the proof be delivered into the palms of the accused as effectively, based on the paperwork.

The prosecution says Duggar has failed to ascertain his due course of rights have been violated as a result of picture copies don’t have any exculpatory worth, regulation enforcement didn’t act in unhealthy religion and comparable proof in all fairness out there to him.

Duggar is charged in a two-count indictment alleging one rely of receipt of kid pornography and one rely of possession of kid pornography.

Duggar has pleaded not responsible to each counts. He’s presently beneath home arrest beneath circumstances of launch staying with a court docket order custodian.

A movement listening to is ready for 9:30 a.m. on September 27 in a Fayetteville federal court docket. Duggar’s trial is ready for 9:00 a.m. November 30 with a pretrial listening to on November 18 in Choose Timothy L. Brooks’ courtroom.

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