Josh Duggar is 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 said to be evidence for the prosecution. The former reality TV star wants the pictures thrown out, however, as he claims the federal agent who took the images did not have a warrant allowing them to snap the photos. Notably, prosecutors have dismissed the allegation by saying that Duggar willingly posed for the photos.
They also have stated that the jail-snapped pictures show a scar on Duggar's hand that can also be seen in images found on the work computer they confiscated from his used car dealership office. "Law enforcement observed the same scar in images recovered from the defendant's electronic devices seized pursuant to a search warrant in this case," prosecutors wrote in legal documents obtained by Radar Online. Duggar and his legal team argue that he did not volunteer to have his hands and feet photographed and that it was a violation of his constitutional rights for the authorities to do so. A judge has not yet ruled on Duggar's request to have the images removed as evidence.
UPDATE on #JoshDuggar: Attorneys for Josh Duggar filed motions to get photos of Duggar’s hands and feet while in custody suppressed and the case dismissed due to the prosecution’s failure to preserve exculpatory evidence.— Garrett Fergeson (@Garrett_Photo) September 24, 2021
🚨🚨 Here's more: https://t.co/3yOv2p2fXB pic.twitter.com/4hbhcrt1pe
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."
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