A judge has denied four motions by Josh Duggar to suppress evidence and dismiss the child pornography case against him.
Duggar – best known for being a part of his family’s hit reality show, 19 Kids and Counting – is charged with downloading and possessing pornographic images of children under 12 years old, which he denies.
Last month, his attorneys filed a string of motions asking for evidence to be left out of the case – including photographs of his hands taken by law enforcement which authorities say show a scar that matches those in images seized from his digital device.
The 33-year-old was arrested in April and subsequently bailed out of jail and has spent the intervening months living at a property in rural Arkansas.
On Wednesday, District Judge Timothy L. Brooks filed a memo that explained why he was dismissing all four motions filed by Duggar’s legal team.
Duggar was seen in public for the first time in months on September 27 attending an evidentiary hearing at a Fayetteville court ahead of his trial, which is scheduled to commence November 3.
During that court appearance Duggar’s attorneys filed a motion to dismiss Duggar’s case entirely claiming investigators failed to ‘preserve potentially exculpatory evidence.’
They also filed a motion to suppress statements Duggar allegedly made to agents during the course of their investigation, as well as a motion to suppress photos taken of Duggar’s hands and feet.
‘All motions were denied from the bench following an in-person evidentiary hearing on September 27, 2021. The Court has orally explained its reasons for denying the motions; the following Order provides further explanation. To the extent anything in this Order differs from what was stated from the bench, this Order will control,’ Judge Brooks write in his memo, Fox News reported.
According to Brooks, when authorities first arrived to Duggar’s business in November of 2019 they told him he was free to leave and that agents were not at fault for conducting an interview with Duggar inside of a car.
‘It is also undisputed that the passenger-side door next to where Mr. Duggar was seated remained unlocked throughout the interview. The Court therefore finds that Mr. Duggar was not restrained, and this factor weighs in the Government’s favor,’ Brooks wrote.
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Source: Daily Mail