Josh Duggar is rising an increasing number of determined by the day.
Simply over a month earlier than he is sentenced to a few years in federal jail, the convicted baby intercourse offender has filed a brand new enchantment in court docket, arguing that his constitutional rights have been violated final yr after he was arrrested on two counts of p0rnography possession.
As you very probably know by now, Duggar was discovered responsible on each these counts on December 9.
He has since been holed up in solitary confinement, working along with his legal professionals to both reverse this choice or prepare a second, follow-up trial.
Now, in authorized papers filed on February 28, Josh’s authorized workforce wrote the next:
“That is the uncommon case the place a legal defendant was disadvantaged of great constitutional rights and the regulation requires a brand new trial.
“As an alternative of really grappling with the core of Duggar’s arguments, the Authorities sidesteps the problems and mischaracterizes Duggar’s arguments in an try to extra readily refute them.
“However the Authorities’s silence on the actual points speaks volumes.”
Again in 2019, the daddy of seven downloaded specific photographs and movies of youngsters underneath 12 years outdated on his office pc.
Of their submitting, his attorneys usually are not even making an attempt to state in any other case; they’re acknowleging that this materials was found on Duggar’s desktop throughout a raid about two years in the past.
Nonetheless, they consider there was no proof introduced on the trial that Josh “personally seen baby sexual abuse materials.”
In consequence, the authorized workforce is pushing for an all-out acquittal (LOL) or, on the very least, one other trial.
The submitting asserts that the prosecution “intentionally performed video games” in the way it disclosed sure emails to the protection throughout final yr’s trial.
The movement digs deep into the timeline of these explicit emails, explaining their perception that the federal government intentionally delayed relaying materials concerning somebody “who ought to have been meaningfully investigated.”
This somebody can be a former worker of the automotive dealership at which Josh labored, Caleb Williams.
Duggar’s legal professionals cite Williams as “a needed witness” they have been prevented from calling to the stand. They’re hoping to make him a scapegoat.
Reads the submitting:
Duggar sought to name Williams as a witness as a result of he had the chance, the know-how, and the motive to commit the charged offenses—and, relying on his responses to questions posed at trial, Williams’ credibility was readily impeachable.
Briefly, Duggar sought to introduce proof that Williams might have lied—or been mistaken—about his whereabouts at sure time.
Authorities have mentioned they interviewed Williams and that they discovered no purpose to consider he performed any position within the aforementioned unlawful downloading; he wasn’t even in Arkansas on the time the crimes have been dedicated.
The enchantment continued by citing a clause inside the Sixth Modification concerning the suitable to current legal protection proof to a jury.
It states that this clause was violated.
It additionally addressed particular testimony given by pc forensic consultants referred to as as witnesses by each side.
The protection is taking concern with the prosecution’s witness testifying as an professional concerning pc geolocation information, stating that the federal government didn’t present discover that he would accomplish that.
The small print are complicated and broad in scope on objective.
That is how highly-paid attorneys earn their paychecks, by throwing as many arguments towards the wall as attainable within the hope that certainly one of them sticks and their shopper can get off on some form of technicality.
Prosecutors, although, are permitted to file their personal motions in response.
On February 11, they wrote the next in regard to the notion that they by no means proved Josh watched the disgusting materials in query:
The federal government didn’t want to offer proof that he personally seen the fabric to convict him of receiving and possessing baby pornography, it solely needed to show that he knew the fabric was of minors participating in sexually specific conduct.
Duggar and his workforce then fired again:
To be clear, Duggar just isn’t arguing that sure photos launched by the Authorities at trial don’t meet the authorized definition of kid pornography.
The brink query raised on this post-trial movement for judgement of acquittal is whether or not, even within the gentle most favorable to the Authorities, the proof was ample to determine Duggar’s data that the visible depictions have been on the pc in the course of the three days alleged within the indictment.
Like we beforehand famous, that is all plenty of authorized mumbo jumbo.
However it should all be over quickly.
Duggar is being held in Washington County Detention Middle as he awaits sentencing on April 5.
On that date, we’ll discover out how a lot time Duggar will spend behind bars — and his legal professionals will not have the possibility to make any any additional ridiculous arguments.