Josh Duggar’s defense team is once again requesting a new trial or acquittal after the 19 Kids and Counting alum was convicted in December of receiving and possessing child sexual abuse materials. The former TLC star’s legal team filed a new motion with the Western District of Arkansas Federal Court on Feb. 28 ahead of Duggar’s scheduled sentencing on April 5, which was obtained by KNWA Tuesday.
In the filing, a response to a previous government motion, the defense claims Duggar was “deprived of significant constitutional rights,” and because of this, “the law requires a new trial.” The filing also accuses the prosecution of being silent on “the real issues.” In the filing, the defense requested the court enter a judgment of acquittal on both counts, claiming the government failed to present sufficient evidence at trial to support Duggar’s conviction.
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The motion also stated “there was no evidence [Duggar] ‘personally’ viewed child sexual abuse material,” claiming that the prosecution “deliberately played games” in how it presented certain emails to the defense during the trial. The defense also claims Duggar was prevented from calling “a necessary witness,” Caleb Williams, to the stand at trial. Duggar’s team initially wanted to call Williams as a witness to attempt to prove he had the opportunity, the know-how, and the motive to commit the offenses, and sought to introduce evidence that Williams may have lied about or been mistaken in regards to his whereabouts at certain times.
Duggar’s defense cited a clause in the Sixth Amendment regarding the right to present criminal defense evidence to a jury, also taking issue with the government’s computer forensic experts’ testimony. The defense claims it was not given notice that the prosecution’s witness would be testifying as an expert regarding computer geolocation data, which was used to convict Duggar. The reality personality is currently facing 20 years in prison and a $250,000 fine for each of the two counts of which he was convicted and remains behind bars in the Washington County Detention Center as he awaits sentencing on April 5.
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NEW YORK CITY – DECEMBER 19: "Toil and Trouble" – Elsbeth is thrown into the world of television after the showrunner of a long-running police procedural is brutally murdered in his office, and although it appears to be the act of a disgruntled fan, she begins to suspect the show's longtime star Regina Coburn (Laurie Metcalf) who yearns for artistic fulfillment. Meanwhile, Judge Crawford (Michael Emerson) continues to be a thorn in Elsbeth's side, on the CBS original series ELSBETH, Thursday, Dec. 19 (10:00-11:00 PM, ET/PT) on the CBS Television Network, and streaming on Paramount+ (live and on demand for Paramount+ with SHOWTIME subscribers, or on demand for Paramount+ Essential subscribers the day after the episode airs). Pictured (L-R): Carrie Preston as Elsbeth Tascioni and Carra Patterson as Kaya Blanke. (Photo by Michael Parmelee/CBS via Getty Images)
