Josh Duggar Child Porn Case: Why Judge Denied Request to Dismiss Evidence

By Stephen Andrew

Josh Duggar's child porn case will be going to trial soon, and we now have details on why a judge denied the former reality TV star's request to dismiss evidence. Duggar had been fighting the court-use of photos taken of him in jail, as his child pornography trial start looms. The photos are of Duggar's hands and feet, and are evidence for the prosecution. His lawyers claimed that the federal agent who took the images did not have a warrant allowing them to snap the photos. In new legal motions obtained by PEOPLE, District Judge Timothy L. Brooks explained that he denied a request to have the photos thrown out because "there is no legal authority to suggest agents needed a warrant before they could photograph Mr. Duggar's hands and feet." 

Brooks added that "Mr. Duggar consented to being photographed," which is something prosecutors had initially explained as well. Brooks also denied a dismissal request for certain statements Duggar allegedly made — such as asking, "What is this about? Has somebody been downloading child pornography?" The judge explained that this motion was denied "because Mr. Duggar was never in custody" during those specific interactions with federal agents Finally, Duggar's lawyers had filed a motion to have his indictment on child porn charges dismissed, which Brooks denied as "frivolous" and stated that it had "no legal support."

The former 19 Kids and Counting star was taken into custody by sheriffs in Arkansas on April 28, with no word on the cause of the arrest at the time. The following day he was transferred to the custody of U.S. Marshals and formally charged with possession of child pornography. Duggar pleaded "not guilty" to the charges and remained in custody until a bond hearing.

Duggar has since been released on bond and is staying with a family friend. He is prohibited from having contact with minors, other than his own children. The father-of-six is reportedly allowed "unlimited contact" with his kids, however, his wife — who is currently pregnant with the couple's seventh child — must be present for the visits. His trial is set to begin in November.

Duggar has not directly commented on his arrest — nor the charges he is facing — at this time, but his lawyers previously issued a joint statement on his charges. "Josh Duggar has been charged in a two-count indictment. He has pled not guilty to both charges and we intend to defend this case aggressively and thoroughly," they said. "In this country, no one can stop prosecutors from charging a crime. But when you're accused, you can fight back in the courtroom — and that is exactly what Josh intends to do."

If you or someone you know has been sexually assaulted, you can contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org.

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