Josh Duggar charged with Receipt/Possession Child Sexual Abuse Material, 29 April 2021 #2

[BeckyF]

This case couldn’t be more sordid.

Has anyone spotted the scar on Josh’s hands? I couldn’t find it. The evidence photo shows the top of the hands, not the palm, so I’m guessing it’s on the top.

I realize there was a plea deal on the table this spring, but Josh turned it down. Why would the Feds proceed with another one? They just now won all the evidentiary battles.

Anyone know what the terms were in the spring deal?

I haven’t read anywhere what the terms were.

 

[BeckyF]

Deleted- dup

 

[MsJosie]

Josh Duggar REFUSED to accept a plea deal in child pornography case


above link gives the information on the plea deal as of Sept 2021 in case anyone wants to review it

 

[sds71]

On Wednesday, Oct. 13, Judge Brooks dismissed each request, meaning Duggar's trial will continue.

In one of the motions, Duggar's legal team argues that the U.S. Government denied his right to counsel when federal agents seized his cell phone from his Springdale used car lot while searching the property on Nov. 8, 2019. Duggar was not under arrest at the time and was allowed to leave the property if he wanted to, according to court statements.

Duggar's lawyers also requested photos of Duggar's hands and feet taken as he was booked into jail removed from the court case. They say the images, which officers captured while taking Duggar's fingerprints after noticing a scar on his thumb, were taken without an issued warrant and an attorney present.

The other motions imply that Duggar's case should be thrown out due to leadership change at Homeland Security during the investigation - and that federal agents failed to preserve evidence by not performing forensic analyses of electronic devices possessed by certain vital witnesses.

Judge denies motions filed in Josh Duggar child porn case | 5newsonline.com

Josh Duggar's trial to continue, judge explains decision to deny motions (nwahomepage.com)

 

[Cool Cats]

Memorandum Opinion and Order: opinion and order

Denying Josh Duggar's 4 Motions

October 13, 2021

1.) Motion to suppress Statements made by Duggar on November 8, 2019.
2.) Motion to suppress photos of Duggar's hands and feet.
3.) Motion to dismiss indictment for violation of the appointments clause.
4.) Motion to dismiss for government's failure to preserve potentially exculpatory evidence.

Federal Judge Dings Josh Duggar's Defense for 'Frivolous' Bid to Dodge Child Porn Charges on Basis of Unlawful Trump Appointments

 

[nyvictoria]

Memorandum Opinion and Order: opinion and order

Denying Josh Duggar's 4 Motions

October 13, 2021

1.) Motion to suppress Statements made by Duggar on November 8, 2019.
2.) Motion to suppress photos of Duggar's hands and feet.
3.) Motion to dismiss indictment for violation of the appointments clause.
4.) Motion to dismiss for government's failure to preserve potentially exculpatory evidence.

Federal Judge Dings Josh Duggar's Defense for 'Frivolous' Bid to Dodge Child Porn Charges on Basis of Unlawful Trump Appointments

Nice try by the Defense. If nothing else, Duggar’s inevitable claim of Ineffective Assistance of Counsel won’t go anywhere.

 

[Cool Cats]

Nice try by the Defense. If nothing else, Duggar’s inevitable claim of Ineffective Assistance of Counsel won’t go anywhere.

Yah. #3 was really stretching it - Motion to dismiss indictment for violation of the appointments clause.

“This motion is frivolous,”

U.S. District Judge Timothy Brooks wrote flatly in a 15-page opinion and order.

“There is no legal support for Mr. Duggar’s claim that an indictment handed down by a properly impaneled grand jury would be subject to dismissal due to an alleged Appointments Clause violation.

Department of Homeland Security agents are sworn to enforce federal criminal statutes, and the Court is not aware of any reason why their authority to investigate crimes would somehow be undermined if the acting secretary of their agency were improperly appointed.”

Federal Judge Dings Josh Duggar's Defense for 'Frivolous' Bid to Dodge Child Porn Charges on Basis of Unlawful Trump Appointments

 

[Cool Cats]

Josh Duggar is scheduled to begin his trial on November 30, which could last through December 3.

I'm waiting on the 11th hour plea deal.

Jim Bob's expensive defense team has "pulled out all the stops" including the "kitchen sink" but still appears to be "running in circles."

There was a small victory:

3 different police departments downloaded child pornography files from Josh Duggar's IP address — and his defense team wants to know what they found

In a partial victory (Aug 20, 2021) a federal judge granted the Duggar team's request. Judge Timothy Brooks ruled that prosecutors could likely work with federal agents to obtain the information Duggar's team wanted from the Jonesboro and Ozark police departments in Arkansas.

But overall I just can't see a trial turning out better than a plea deal. A trial pretty much guarantees a much longer prison sentence.

If Josh goes to trial will Josh get up on the witness stand and testify about this:

Josh blames child pornography on employee who 'stayed at business overnight'

JOSH'S BLAME GAME
Josh Duggar blames laptop’s child pornography pics on employee who ‘stayed at business overnight & watched porn’

 

[MsJosie]

Josh Duggar loses bid to suppress photographs photographs of his hands and feet at his trial | Daily Mail Online

Hey everyone….I know you have seen this latest news BUT remember we could not see any scars on Josh D hands? Well I was looking and I don’t think it’s a scar like a cut would leave a scar. When looking at the picture, on the right hand, I see one if not two oval long like birthmarks…..it’s actually looks like a shadow from the camera. It’s below the index finger and goes up over the first knuckle and the the second one is below middle finger. Is this a birth make that is being called a scar? Just wondering.
If anyone can clean up the picture, maybe we have an answer. I am not that computer savvy. If it is that is a very tell tale special “scar”. Night all.
I tried to post the hand picture and I cannot figure it out…sorry…can someone post it? Thanks and good night again.

 

[BeckyF]

Josh Duggar is scheduled to begin his trial on November 30, which could last through December 3.

I'm waiting on the 11th hour plea deal.

Jim Bob's expensive defense team has "pulled out all the stops" including the "kitchen sink" but still appears to be "running in circles."

There was a small victory:

3 different police departments downloaded child pornography files from Josh Duggar's IP address — and his defense team wants to know what they found

In a partial victory (Aug 20, 2021) a federal judge granted the Duggar team's request. Judge Timothy Brooks ruled that prosecutors could likely work with federal agents to obtain the information Duggar's team wanted from the Jonesboro and Ozark police departments in Arkansas.

But overall I just can't see a trial turning out better than a plea deal. A trial pretty much guarantees a much longer prison sentence.

If Josh goes to trial will Josh get up on the witness stand and testify about this:

Josh blames child pornography on employee who 'stayed at business overnight'

JOSH'S BLAME GAME
Josh Duggar blames laptop’s child pornography pics on employee who ‘stayed at business overnight & watched porn’

He’s toast. He just won’t get enough time behind bars, due to this being his first offense. That is IF if he takes a plea. I hope at least 1 or 2 of his children are adults before he gets out. He is not fixable. JMO

 

[mickey2942]

Nice try by the Defense. If nothing else, Duggar’s inevitable claim of Ineffective Assistance of Counsel won’t go anywhere.

That is for sure. This defense has actually been spot on. An impressive team, of course, his lead attorney used to be a prosecutor for sex crimes in Arkansas. Definitely the guy to hire. I posted a link earlier about his attorneys.

Cha Ching. No public defender for Josh Duggar. The legal bills are going to be hefty.

 

[BeckyF]

That is for sure. This defense has actually been spot on. An impressive team, of course, his lead attorney used to be a prosecutor for sex crimes in Arkansas. Definitely the guy to hire. I posted a link earlier about his attorneys.

Cha Ching. No public defender for Josh Duggar. The legal bills are going to be hefty.

I’ve wondered several times how much his legal bills have been. I wouldn’t even venture a guess.

 

[Zella]

An impressive team, of course, his lead attorney used to be a prosecutor for sex crimes in Arkansas.

He's actually not an Arkansas attorney. Josh went out of state to hire him. He's based in St. Louis, and his federal experience was actually in DC. He definitely knows what he's doing and doesn't work for cheap.

JUSTIN K. GELFAND

 

[MsJosie]

He's actually not an Arkansas attorney. Josh went out of state to hire him. He's based in St. Louis, and his federal experience was actually in DC. He definitely knows what he's doing and doesn't work for cheap.

JUSTIN K. GELFAND

Does anyone know who the other lawyers that are representing Josh Duggar? All sites I see mention lawyers, plural, but I only see Justin Gefland listed. Thanks.

 

[Zella]

Does anyone know who the other lawyers that are representing Josh Duggar? All sites I see mention lawyers, plural, but I only see Justin Gefland listed. Thanks.

His other attorneys are local--Travis Story and Greg Payne. My understanding is that Story has been a longtime attorney for the family, and Payne is part of his law firm. My guess is that Story and Payne are Josh's default attorneys whom he would always consult on any legal issue and Gefland was brought in specifically because of the scope of the case due to his expertise with federal prosecutions and his history of representing people with these kinds of charges on the federal level.

Josh Duggar's Attorneys Respond to Child Pornography Charges: We're Going to Fight Back in Court

 

[Shamrock1]

His other attorneys are local--Travis Story and Greg Payne. My understanding is that Story has been a longtime attorney for the family, and Payne is part of his law firm. My guess is that Story and Payne are Josh's default attorneys whom he would always consult on any legal issue and Gefland was brought in specifically because of the scope of the case due to his expertise with federal prosecutions and his history of representing people with these kinds of charges on the federal level.

Josh Duggar's Attorneys Respond to Child Pornography Charges: We're Going to Fight Back in Court

Just to add, in a general sense because I haven’t looked into it:

- An out-of-state atty can practice in another state - this is typically done by motion in a specific case, and the out-of-state atty usually pairs with in-state counsel. In my experience, it’s done where the out-of-state atty has a specific background in the matter, and it’s quite rare for other parties to oppose such a motion.

- In many high-exposure matters, the more senior attorney will do the appearances/strategy and associates do the writing and maybe low-level appearances…the client doesn’t want to pay senior atty 600/hr for a routine scheduling conference when a $120/hr associate will suffice.

That’s a long way to say that I’m certain there are 2+ attorneys billing Josh and why it is “attorneys” plural.

 

[BeckyF]

He's actually not an Arkansas attorney. Josh went out of state to hire him. He's based in St. Louis, and his federal experience was actually in DC. He definitely knows what he's doing and doesn't work for cheap.

JUSTIN K. GELFAND

Quite an impressive resume.

 

[Laughing]

Quite an impressive resume.

I do support representation for all accused persons.

However, I hope the attorneys representing the children whose lives are ruined or even ended by this CSAM media have equally qualified & experienced attorneys.

Josh Duggar had a choice, in his behavior and in his attorney. Likely, the multiple child victims do not.

Gelfand may end up owning quite a bit of real estate in northern Arkansas, imho.

jmho ymmv lrr

 

[MsJosie]

His other attorneys are local--Travis Story and Greg Payne. My understanding is that Story has been a longtime attorney for the family, and Payne is part of his law firm. My guess is that Story and Payne are Josh's default attorneys whom he would always consult on any legal issue and Gefland was brought in specifically because of the scope of the case due to his expertise with federal prosecutions and his history of representing people with these kinds of charges on the federal level.

Josh Duggar's Attorneys Respond to Child Pornography Charges: We're Going to Fight Back in Court

Thank you Zella! I appreciate you finding the information. Thank you everyone. I knew the main attorney was based out of MO. I also knew special permission is given to Attorneys wanting to represent someone in another state…..I just could not find the names of all the attorneys.

 

[BeckyF]

Josh Duggar's Trial: The Former '19 Kids and Counting' Star Reaches Deadline to Accept a Plea Deal in Child Pornography Case

I hope this source is ok to link to. Josh was to notify the court today if he was going to accept a plea deal.


Josh Duggar’s Trial: The Former ’19 Kids and Counting’ Star Reaches Deadline to Accept a Plea Deal in Child Pornography Case

• Andrea Francese Linkedin
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• Published on
  October 18, 2021

Josh Duggar’s trial on two child pornography charges is fast approaching. Quicker than his trial date, however, is the deadline for him to accept a plea deal. The 33-year-old used car salesman has until Oct. 18 to agree to a plea bargain if one has been offered. If he chooses not to or one has not been provided, he’ll move on to a trial by jury. A federal judge has set his trial date for Nov. 30 after accepting a postponement request.

When would it be made public that Josh Duggar accepted a plea deal if he does?
While the date to change his plea is Oct. 18, there are still a couple of extra days given to the defense and prosecution to get all of their paperwork in order. Ultimately, Duggar would have until Oct. 20 to submit a signed plea to a federal judge for approval. The judge would then have to agree to the deal and sign off on it, too.


More at link.