![]() ![]() Handell said the former employee wasn't even in the same state on the dates the images were downloaded.Ī monitoring program that sent reports to Duggar's wife about his activity had been installed on the computer, but the images and videos were downloaded after software had been installed that allowed him to download them without being monitored, prosecutors said.ĭuggar's attorneys have maintained they would fight the charges since he was arrested in 2021. Gelfand also argued Duggar should have been able to present an alternative suspect during the trial: a former employee of the dealership who was a convicted sex offender and had used the same computer. 'All of that shows he had an option to speak to a lawyer even though obviously the officers had appropriately seized the phone at the outset of their search,' Handell said. 'What federal agents did is they physically took the phone out of his hand and from that point forward, deprived him of the ability to communicate with his legal counsel, as was his constitutional right,' Gelfand said.īut Joshua Handell, an attorney with the Justice Department, said Duggar was told repeatedly he was free to leave the scene and was told he did not have to talk to the agents without an attorney present.ĭuring the search, Duggar was with two companions and there was at least one other cell phone that wasn't seized. ![]() ![]() They also said that he declined to say whether he had looked at such media online, comments that were later used as evidence in the trial. Prosecutors said Duggar asked the agents if someone had been downloading images of child abuse. Investigators claim the images were downloaded in 2019 onto a computer at a car dealership owned by Duggar, which prompted federal agents to search Wholesale Motorcars in November 2019.ĭuggar pleaded not guilty to one count of receiving and one count of possessing child pornography, and a jury found Duggar guilty of the charges at trial in December 2021.Įarlier this week he was reported to be languishing in solitary confinement after he was found to have smuggled a cell phone into prison during his 12-and-a-half-year sentence.ĭuggar is reportedly in solitary confinement for trying to sneak a cellphone into prisonĭuggar's attorneys additionally argued statements he made to agents during the search should have been suppressed. Circuit Court of Appeals for a hearing. The panel did not indicate when they planned to rule.ĭuggar, 34, was arrested in April 2021 after a Little Rock police detective found images of child abuse which had been shared by a computer traced to the '19 Kids and Counting' personality. Lawyers appeared before a three-judge panel of the 8th U.S. An attorney for former reality TV star Josh Duggar asked a federal appeals court panel yesterday to reverse his conviction for downloading images of children being sexually abused.Īttorney Justin Gelfand said investigators violated Duggar's constitutional rights by seizing the phone he was using to call his lawyer during the search that uncovered the images. ![]()
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