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Sport News |   Josh Duggar’s Defense Team Files Motion for Acquittal or New Trial |  KTA

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Josh Duggar’s Defense Team Files Motion for Acquittal or New Trial | KTA

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FAYETTEVILLE, Ark. (KNWA/KFTA) – On January 19, the deadline day for post-trial motions after Josh Duggar was convicted of two child pornography charges, his defense team filed papers with the court asking for a judgment of acknowledgment or a new attempt.

The motion, signed by lead defense attorney Justin Gelfand, is over 75 pages, including supporting documents. The defense seeks an acquittal under Federal Criminal Procedure Rule 29(c), as well as a new trial if this first motion is denied.

The defense cites the rule in question at the beginning of their filing:

“If the jury has returned a verdict of guilty, the court may set aside the verdict and enter an acquittal”, where, as here, “the evidence, considered most favorable to the government, is such that a reasonable jury should have a reasonable doubt as to the existence of one of the essential elements of the crime charged”, this “Court must grant a motion under Article 29 for a judgment of acquittal.

Federal Rule of Criminal Procedure 29(c), cited in Josh Duggar’s defense motion

The motion explains the rule in greater depth, noting material regarding the crime that was charged in the indictment and what the elements of that crime are.

“The evidence obtained at trial does not support a conviction on either count – even in the light most favorable to the government,” the petition alleges. “The government has offered no evidence that Duggar “knew the visual depictions were of a minor engaging in sexually explicit behavior.”

The motion goes on to deal with video files submitted as evidence and states that “the jury had no evidence that Duggar personally viewed any specific portion of any of the files allegedly found on the computer.” The defense sought an acquittal on both counts on this basis.

In the alternative part of the brief, the defense notes that “the jury’s verdict may be overturned if ‘the evidence weighs sufficiently heavily against the verdict that a miscarriage of justice may have occurred'”.

A federal jury convicted Josh Duggar of receiving and possessing material depicting minors engaging in sexually explicit behavior. Duggar was incarcerated in Washington County Jail in Arkansas. (Washington County Sheriff’s Office)

He goes on to state that “the Court’s broad discretion allows it to award relief based not only on the sufficiency of the evidence at trial, but on any other circumstances that may render the trial ‘substantially unfair’, including trial errors”.

The defense asks the court to grant Duggar a new trial due to the prosecution’s “failure to timely disclose exculpatory evidence” and claims the government violated several procedural and evidentiary rules in failing to deliver exhibits created by expert witness James Fottrell in advance. of the trial.

The motion explains that the “exculpatory evidence” relates to Caleb Williams, a former employee of Duggar in his parking lot. The motion calls Williams “a person who had access to the parking lot and the HP office computer during certain relevant times,” and they add that “law enforcement failed to meaningfully investigate the possibility that someone other than Duggar may have committed the crimes charged.”

Gelfand raised this possibility during the trial, saying he believed investigators were “flabbergasted” by Duggar and did not sufficiently investigate the possibility that someone else committed the crimes. The prosecution interviewed Williams about two weeks before the start of the trial, but he was never called as a witness.

Williams apparently changed his story after being questioned and emailed Justice Department prosecutor William Clayman, a member of the prosecution team during the trial, stating the following:

I was completely wrong about not being on Wholesale Motorcars grounds during the time I was in Arkansas (AR) between May 8, 2019 and May 11, 2019. Not sure if I was on the field computer or even if I found myself going there. Looks like while I was there I did odd jobs for the guys and maybe even Josh Duggar. In messages between Josh Duggar and me while I was in AR, as attached in one of these screenshots I provide, I tell Josh that I was planning on coming to the field for a few days. I apologize for the error; I didn’t mean to mislead you all.

Caleb Williams

At trial, the prosecution established through forensic evidence and expert testimony that Duggar was the only person present in the parking lot when illegal child molestation material was downloaded onto his HP computer. .

The defense filing indicates that Williams contacted the prosecution again by email six days later, stating that he had found “a few more passwords” and saying that “several of the guys at Duggar asked me backtracking from some of their social media to help them sell cars.The court motion says this email was not provided to the defense until five days after the trial began.

For several paragraphs, the defense motion describes the significance of this email as “critical” and that the government “hid the ball from the defense for most of its chief case.”

“This deprived the defense of the ability to impeach these witnesses with evidence that another person had access to the passwords,” the motion states. “Had the defense possessed this information when it became available, it would have had a significant bearing on trial strategy and provided additional fodder for the cross-examination of government witnesses.”

The government confirmed that the email was unsolicited and that it had not even reviewed it until the day before the prosecution’s decision. But because of the failure to disclose that email sooner, the defense motion says the court “effectively prevented Duggar from presenting a necessary defense witness.” The filing also notes that “Williams had declined to engage in meaningful discussions with the defense prior to trial.”

Williams’ potential relevance as a defense witness is discussed at length in the filing. The court ruled that Williams’ criminal record or history as a sex offender would not be relevant in this trial and that his testimony would only be allowed if he confirmed his presence in the parking lot on the dates in question.

The defense disputed this, noting that “this Court’s decision regarding Williams’ testimony deprived Duggar of the opportunity to present relevant and material evidence favorable in his favor and such decision was disproportionate to any legitimate or evidentiary purpose. As such, he violated Duggar’s Fifth and Sixth Amendment rights and this Court should grant him a new trial.

Duggar was convicted on both counts of receiving child pornography and possessing child pornography. He is being held in the Washington County Detention Center pending sentencing later this year.

Josh Duggar’s Defense Team Files Motion for Acquittal or New Trial | KTA

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