Josh Duggar child pornography case: Judge orders evidentiary hearing ahead of trial

Josh Duggar received support from his wife Anna on his way to court Thursday in Arkansas for a pretrial hearing before his upcoming trial over child pornography.

Duggar, who appeared on TLC’s “19 Kids and Counting”, was charged in April With two counts of downloading and possessing child pornography. The 33-year-old faces up to 20 years in prison and fines of up to $250,000 per charge if convicted. The former TV star has pleaded not guilty.

Before the hearing, Duggar was He was seen walking into court hand in hand With his wife we ​​announced earlier this week the birth of their seventh child together.

According to a local KNWA reporter at the scene, Judge Timothy L. brooks Evidential Hearing Order With witnesses on November 29, just one day before his trial is scheduled to begin.

Josh Duggar, Anna’s wife welcomes seventh child

the previous "19 kids and counting" The star faces up to 20 years in prison and fines of up to $250,000 per charge if convicted.

The former “19 Kids and Counting” star faces up to 20 years in prison and fines of up to $250,000 per charge if convicted.
(Chris Connor/Getty Images)

A day before Duggar appeared in court on Thursday, Judge Brooks ruled on several petitions filed by both sides in the case. In the November 17 filing, Duggar secured a small victory when Brooks denied the prosecution’s request to allow a statement Duggar made to Facebook in 2015 in which he admitted his pornography addiction as evidence.

However, the judge noted that if Duggar takes the stand and testifies that he did not watch adult pornography or was not addicted to pornography, or if he otherwise contradicts any statement he made in a social media post in 2015, the government may seek a furlough. Presenting the statement to isolate its credibility.

Jim Bob Duggar announces his candidacy for Arkansas State Assembly

The judge also rejected the prosecution’s request that the court prevent Duggar from suggesting to a jury that someone else may have committed the crimes.

“The onus is on the government to prove that the defendant committed the offenses set forth in the indictment beyond reasonable doubt, and the defendant has the right to create reasonable doubt in the minds of the jury by pointing the finger at others who may have committed the offenses,” Cases Submission.

With regard to an order regarding removal of witnesses, Judge Brooks ruled that “any witness who has testified–including a government-appointed case agent sitting at the attorneys’ table–is prohibited from discussing the matter or his own testimony with any witness who has not yet given evidence and has been formally excused from their obligations as a witness. The defendant and his witnesses will be subject to the same rule of custody.”

He also noted that “the court ruling does not restrict lawyers from consulting with their witnesses and preparing them to testify.”

Anna Duggar and Josh Duggar welcomed their seventh child in October, just weeks before his pornography trial.

Anna Duggar and Josh Duggar welcomed their seventh child in October, just weeks before his pornography trial.
(Chris Connor/Getty Images)

The judge also considered Duggar’s motion that asked the court to bar the government from participating in the trial by refusing to answer questions posed to him by law enforcement during an interview on November 8, 2019. Duggar’s legal team essentially wants to rule out 10 separate statements he made invoking his Fifth Amendment right in silence. Brooks agreed to the proposal with instructions that the court “order a side tape and present its argument outside the presence of the jury” if the need arises.

Judge refuses to suppress video evidence in Josh Duggar case

TLC pulled “19 children and counting” in 2015 to reveal it Duggar molested four of his sisters and a babysitter. Duggar’s parents said he admitted to foreplay and apologized.

At KNWA, the prosecution argued that they should be allowed to use the harassment allegations as evidence at the hearing, and said one or two witnesses would testify to “multiple cases” of child molestation.

The former star of has been arrested

The former “19 Kids and Counting” star was arrested in Arkansas in April.
(Washington County Police Department)

Speaking for the defense, Justin Gelfand argued that the witness call notice was limited to “one email” containing some information about what the witness, including Duggar’s father, Jim Bob, might testify.

The defense then asked whether Duggar actually committed a crime in 2002 or 2003 under the Arkansas laws, noting that “it is indisputable that Mr. Duggar was never charged.”

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Gelfand said he would have liked to receive “the proper names, dates and specific allegations” regarding potential testimonies.

Because “the information was the subject of a lawsuit [Duggar] In this court, the judge called Gelfand’s claims “extremely disingenuous.”

Josh Duggar's parents are Michelle and Jim Bob.

Josh Duggar’s parents are Michelle and Jim Bob.
(Photo by Dibasobel/Getty Images for more)

In addition, the defense claimed that they did not believe Duggar’s childhood behavior “proves behavior in his thirties” and stressed that his discussion in court would lead the trial to a “small chain of events” surrounding Duggar’s possible past crimes.

Attorney General William J. Kleiman responded, saying that he followed all notification requirements and that one of the witnesses in question who had already been called with Jim Pope was impossible to reach, according to the outlet.

The judge said he would be “very reluctant” to rule on the matter if he did not know if a witness would appear to be called at trial.

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The judge also agreed to take the competing petitions under counsel and acknowledged that Duggar’s past actions could be considered “highly corroborative” of his ability to commit crimes today.

Fox News has reached out to representatives for Jim Pope, 56, about his possible testimony.

As Duggar did previously He apologized for his pornography addiction and cheating on his wife.

His trial by jury is scheduled for November 30.

The Associated Press contributed to this report.

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