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

[Shamrock1]

I don't know. This is beyond my realm. But, as I said previously, these attorneys are not leaving anything out. If Josh Duggar is convicted, it definitely can't be over turned or appealed based on "poor defense" attorneys.

Definitely that. Plus, I think I mentioned this a while ago: right now, his trial is slated for late 2021. Getting more discovery means needing more time to analyze it & schedule additional depositions. I’m not a criminal attorney, but I’d hate to defend a dad with CSAM when my jurors are thinking about RSOs/Halloween, preschool turkey crafts, and little ones sitting on Santa’s lap.

Oh, and if he’s going to claim that he was targeted for this investigation because of his demographics? That might get some good sound bytes in certain circles, but doesn’t mean a whole lot legally IMO. Similar to election claims in media vs in court: the briefs in all/nearly all the cases explicitly stated “we are not alleging fraud” but “fraud” was all over the media.

 

[sds71]

Josh Duggar Tries to Dismiss Child Charges on Grounds That Trump's Homeland Security Leaders Were Unlawfully Appointed

Motion:
DocumentCloud

 

[mickey2942]

Once again, these attorneys are trying to make a slam dunk case into a three ring circus. What next? It is entertaining chutzpah, if nothing else. Cha ching...JB Duggar writes another check. It must be killing him to spend this much money on his "Lil black sheep".

 

[Shamrock1]

Reminds me of the “sovereign citizens” who argue that paying taxes is voluntary because Ohio’s admission into the Union wasn’t ratified until 1953.

 

[Cool Cats]

16 August 2021

Josh Duggar kept trove of child on his work computer, docs claim (hidden behind a wholesome family photo)

EXCLUSIVE: Depraved Josh Duggar kept trove of child pornographic images of girls aged between 7 and 9 hidden behind a wholesome family photo on a work computer at his now defunct used car dealership, court papers reveal.

The computer's home screen featured a wholesome family portrait of 33-year-old Duggar, his pregnant wife Anna and their six children, federal prosecutors reveal in a new filing.

But when experts delved into the device's hard drive they soon uncovered sickening images of prepubescent engaged in sex acts, it's alleged.

 

[Scrapper18]

Josh Duggar attorneys file motion to dismiss his child case

I think this defense tactic of attempting to get charges dropped is pretty typical. Again, JD, should not have grounds for an appeal (if convicted) based on poor representation. JMO

 

[Cool Cats]

Josh Duggar wants a judge to block pictures of his feet from being used in his child- trial

Duggar's lawyers included the photographs, which show the backs of Duggar's hands and his feet in black sneakers, in their motion.

Josh Duggar's defense team says these photos of Duggar's hands and feet were taken without a warrant and without the presence of Duggar's attorney.

His attorneys wrote in the motion that the pictures were taken "from atypical angles," and added that their client had been ordered to "position his hands and feet in particular ways."

They said authorities hadn't obtained a warrant to photograph Duggar's body parts, and argued other federal courts have required warrants for photos beyond simple mug shots.

"Duggar was in custody having just left the presence of his attorney when he self-surrendered as instructed," his lawyers wrote, adding that it was "particularly egregious" that "Duggar's body parts were manipulated and he was required to pose for the photographs."

Duggar's attorneys alleged that the pictures infringed upon their client's Fourth, Fifth, and Sixth Amendment rights.

The former reality star's defense team has been arguing with prosecutors for weeks about various pieces of evidence the government has turned over.

 

[mpnola]

What?!?@? He's offended by photos of his hands and shoes but ok with photos of prepubescent girls being sexually abused?!?!?! The absolute disgusting nerve.

 

[Cool Cats]

What?!?@? He's offended by photos of his hands and shoes but ok with photos of prepubescent girls being sexually abused?!?!?! The absolute disgusting nerve.

I know I can't believe this either. Never heard of such a thing. Had to make sure this is in MSM. Sounds as you say disgusting compared to the photos he has downloaded and was eyeballing all those hours when his wife thought he was with customers.

SOURCE: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS

Josh Duggar Pleads For Photos Of His Feet Taken Inside Jail Not Be Used In Criminal Case

 

[sds71]

…Black created a system that uses unique vein patterns, skin folds and blemishes to identify the hands and forearms of child abusers from photographs and video images. To date, it has been used to secure 28 life sentences against child abusers in the UK. And in 83% of the cases that have used her system the abuser has confessed to the crime.
[URL='https://www.theguardian.com/society/2019/mar/26/sue-black-hand-recognition-database-child-sexual-abuse'][/URL]
[URL="https://www.theguardian.com/society/2019/mar/26/sue-black-hand-recognition-database-child-sexual-abuse"]Dame Sue Black: ‘One girl’s case led me to pursue child sexual abusers’[/URL]

When a paedophile or rapist films their crime, professor Sue Black can track them down using nothing more than the veins, scars and other markings on their hands…

To catch a paedophile, you only need to look at their hands

 

[Cool Cats]

Josh Duggar's defense team is trying to shift blame onto one of his employees who admitted to watching on the job

In their latest effort to get Josh Duggar's child case tossed out, the former reality-TV star's defense team suggested that authorities should have looked into a different person of interest: one of Duggar's employees.

Duggar's team sought to cast blame on a person identified in court documents as Witness #1. Federal agents interviewed Witness #1 in December 2019, roughly one month after authorities first executed a search warrant at the dealership.

According to court documents, federal agents originally designated Witness #1 a "person of interest to the investigation."

Witness #1 told the investigators that he worked at Duggar's dealership, and had even stayed there overnight "without Duggar's knowledge or permission," Duggar's lawyers said.

Witness #1 also "admitted to viewing adult through websites he accessed through the internet on his cellular phone," though he denied viewing child , according to the court filing.

Though federal agents said in their report that they examined Witness #1's cellphone for evidence of child and found "negative results," Duggar's lawyers blasted the agents for not preserving any content or metadata from the phone.

According to the court filing, federal agents also interviewed two other people, identified as Witness #2 and Witness #3, who allowed investigators to search through their phones.

Defense Complaint

Duggar's defense team noted that the agents did not preserve evidence from either phone.

 

[tayaway]

Josh Duggar wants a judge to block pictures of his feet from being used in his child- trial

Duggar's lawyers included the photographs, which show the backs of Duggar's hands and his feet in black sneakers, in their motion.

Josh Duggar's defense team says these photos of Duggar's hands and feet were taken without a warrant and without the presence of Duggar's attorney.

His attorneys wrote in the motion that the pictures were taken "from atypical angles," and added that their client had been ordered to "position his hands and feet in particular ways."

They said authorities hadn't obtained a warrant to photograph Duggar's body parts, and argued other federal courts have required warrants for photos beyond simple mug shots.

"Duggar was in custody having just left the presence of his attorney when he self-surrendered as instructed," his lawyers wrote, adding that it was "particularly egregious" that "Duggar's body parts were manipulated and he was required to pose for the photographs."

Duggar's attorneys alleged that the pictures infringed upon their client's Fourth, Fifth, and Sixth Amendment rights.

The former reality star's defense team has been arguing with prosecutors for weeks about various pieces of evidence the government has turned over.

…Black created a system that uses unique vein patterns, skin folds and blemishes to identify the hands and forearms of child abusers from photographs and video images. To date, it has been used to secure 28 life sentences against child abusers in the UK. And in 83% of the cases that have used her system the abuser has confessed to the crime.
Dame Sue Black: ‘One girl’s case led me to pursue child sexual abusers’

When a paedophile or rapist films their crime, professor Sue Black can track them down using nothing more than the veins, scars and other markings on their hands…

To catch a paedophile, you only need to look at their hands

Well, if he's got nothing to hide, why get so upset over the pics of his hands and their unique physical identifiers? Go ahead, use the photos to compare to CSAM participants. He wasn't involved in making any CSAM, or was he? All those kids and babies at his disposal?

At the rate his legal team is burning the midnight oil, his daddy's going to run out of money soon, no?

 

[Shamrock1]

Wow, Professor Sue Black! I know very little about CSAM, but wow - thank goodness for Professor Sue Black. I knew about the FBI seeking public info about background images, but this hand stuff is new to me. Awesome!

 

[IzzyBlanche]

…Black created a system that uses unique vein patterns, skin folds and blemishes to identify the hands and forearms of child abusers from photographs and video images. To date, it has been used to secure 28 life sentences against child abusers in the UK. And in 83% of the cases that have used her system the abuser has confessed to the crime.
Dame Sue Black: ‘One girl’s case led me to pursue child sexual abusers’

When a paedophile or rapist films their crime, professor Sue Black can track them down using nothing more than the veins, scars and other markings on their hands…

To catch a paedophile, you only need to look at their hands

Oh no. Oh noooooooooo

 

[Shamrock1]

Is the the photographing of hands/feet a standard part of arrests, like fingerprinting? Or just for CSAM arrests? Would a warrant be needed for these photos? Does it matter hands (typically visible in public) vs feet?

And why would the photos be a part of a trial for downloading CSAM in the first place?

 

[Cool Cats]

Is the the photographing of hands/feet a standard part of arrests, like fingerprinting? Or just for CSAM arrests? Would a warrant be needed for these photos? Does it matter hands (typically visible in public) vs feet?

And why would the photos be a part of a trial for downloading CSAM in the first place?

Good questions.

Normal to get in regular arrest:

Finger and palm prints.

Mugshot photo. Possibly tattoo photos.

Not normal:

For the police to photograph hands and feet (exception maybe of a tattoo.)

Must be they photographed Josh's hands and feet because of the child charge.

I think this is done so they can compare a defendant's hands and feet to actual child videos and photos.

Very difficult to find any information on this.

 

[momsof3]

Is the the photographing of hands/feet a standard part of arrests, like fingerprinting? Or just for CSAM arrests? Would a warrant be needed for these photos? Does it matter hands (typically visible in public) vs feet?

And why would the photos be a part of a trial for downloading CSAM in the first place?

My very first thought looking at the pictures is "I wonder if there is a program where the computer's camera can take pictures of who is using it at the time the CSAM was accessed." Or there are surveillance cameras in the dealership that only show the hands and feet but are time stamped and can be shown to have been at the same time someone was using the computer at the time the CSAM was viewed. I am also thinking that with the defense saying another dealership employee used the computer, LE has to show that it was accessed by Josh to refute this and there is some way in which his hands/feet were recorded.

The articles linked by @sds71 gave me one more (horrible) thought, which is that hands and feet can be seen in the CSAM itself and there is concern that it was filmed by Josh himself.

 

[tayaway]

My very first thought looking at the pictures is "I wonder if there is a program where the computer's camera can take pictures of who is using it at the time the CSAM was accessed." Or there are surveillance cameras in the dealership that only show the hands and feet but are time stamped and can be shown to have been at the same time someone was using the computer at the time the CSAM was viewed. I am also thinking that with the defense saying another dealership employee used the computer, LE has to show that it was accessed by Josh to refute this and there is some way in which his hands/feet were recorded.

The articles liked by @sds71 gave me one more (horrible) thought, which is that hands and feet can be seen in the CSAM itself and there is concern that it was filmed by Josh himself.

LE must be exploring whether his hands are in CSAM out there. Surely they've put his images into Black's program. ...JD started out physically abusing 4 of his sisters and a babysitter. It usually escalates from watching to participating, not the other way around. He's got so many babies and kids at his disposal, in a community that protects the abusers. What has he done and is any of it recorded?

Is it just papa Jim Bob that's funding his legal bill? How many of the powerful elder males in the community are also chipping in? If JD realizes these charges are going to stick, will he start flipping on other CSAM offenders? They have their own online communities, which bleed into real life.

 

[mickey2942]

Josh Duggar was arrested, at that point in time, I believe that LEO can legally collect DNA, take pictures of whatever part of the person in custody.

 

[Shamrock1]

LE must be exploring whether his hands are in CSAM out there. Surely they've put his images into Black's program. ...JD started out physically abusing 4 of his sisters and a babysitter. It usually escalates from watching to participating, not the other way around. He's got so many babies and kids at his disposal, in a community that protects the abusers. What has he done and is any of it recorded?

Is it just papa Jim Bob that's funding his legal bill? How many of the powerful elder males in the community are also chipping in? If JD realizes these charges are going to stick, will he start flipping on other CSAM offenders? They have their own online communities, which bleed into real life.

The family owns plenty of real estate - it’s easy to take out a line of credit. JMO.