Duggar attorneys accuse the government of withholding evidence in child porn case

Local News

Washington County Detention Center photo, Josh Duggar. 4.29.2021.

FAYETTEVILLE, Ark. (KNWA/KFTA) — Josh Duggar’s attorneys are requesting the government provide them with all Little Rock police department reports and related evidence, according to a motion to compel filed Monday, July 26, 2021.

On June 2, the Government notified the defense that it had a one-page document — described as a screenshot that law enforcement had from a May 14, 2019 IP address — that the government said belonged to Duggar.

The defense requested more information, such as the date of the screenshot, information under certain tabs, and the screenshot in a native format. On July 16, 2021, the Government responded by email, refusing to provide the requested discovery, according to the document.

The information you requested further detailing the downloading of CSAM from your client by 2 other law enforcement agencies is extraneous to the present investigation/case and, therefore, is not covered by the rules of discovery. If you feel we are wrong, please explain to us why the discovery of this information is covered by the rules of evidence.

July 16, 2021, email excerpt from USDOJ to Duggar’s attorney Justin Gelfand

Also, the Government provided no response to Duggar’s request for the law enforcement reports from Little Rock, Arkansas law enforcement, which allegedly led to the investigation at the heart of this case, according to the court documents.

Duggar’s attorneys used Rule 16 to explain why more details about the undated screenshot are needed.

Evidence related to the undated screen shot is discoverable pursuant to Rule 16(a)(1)(E)(i)
as it is “material to preparing the defense[.]” For example, it is the defense’s understanding that
when files are downloaded by law enforcement using the Torrential Downpour software utilized
by the Government in this case, detailed logs are created which provide significant information.
Specifically, these logs can reveal the type of hardware a file was allegedly downloaded from (i.e.,
an Apple computer, a PC computer, a smartphone, etc.). By contrast, an IP address reveals only
that a certain internet connection was utilized but does not identify in any manner the device from
which the file was downloaded.

Margulis Gelfand, Story Law Firm,

In April, the former reality star of 19 Kids and Counting was charged in a two-count indictment alleging one count of receipt of child pornography and one count of possession of child pornography. Duggar has pleaded not guilty to both counts.

The jury trial has been postponed until November 30. It will be heard in Fayetteville Federal Court by Judge Timothy Brooks.

Duggar is living with third-party custodians in Washington County until his trial begins.

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