Josh Duggar demands a new trial after GUILTY child pornography verdict & claims he ‘didn’t LOOK at the video & photos’

JOSH Duggar is demanding a new trial after he was found GUILTY on child pornography charges.

Josh, 33, was found guilty of possessing and receiving child pornography on December 9 after a nearly two-week trial.

APJosh Duggar is requesting an acquittal or a new trial[/caption]

SWNSHe was found guilty of possessing and receiving child pornography in December[/caption]

Josh’s legal team requested the court grant him an additional 10 days to file the post-trial motions, as a judge approved to extend the deadline to January 19.

The Sun can exclusively reveal Josh’s legal team filed a motion for an acquittal of the guilty verdict. 

In the alternative, the court papers also request a new trial.

If both are denied by the court, his legal team is asking to dismiss count 2, which is the possession of child pornography charge. 

The court papers claim regarding an acquittal that the Government “failed to adduce any evidence that Duggar ‘knew that the visual depictions were of a minor engaging in sexually explicit conduct’—a necessary element for conviction of each count.

“The evidence at trial established that certain files allegedly found on the HP desktop computer were never viewed by any user of the computer and that all the files at issue had been deleted shortly after being downloaded. 

“The jury had no evidence that Duggar personally viewed any specific portion of any of the files allegedly found on the computer. As such, there was no evidence of mens rea from which the jury could base its guilty verdict as to each count.” 

FIGHT FOR NEW TRIAL

In regards to the potential new trial, Josh’s legal team argued the government failed to timely present exculpatory evidence, which can create reasonable doubt for the defendant, and that they were unable to call Wholesale Motorcars worker Caleb Williams. 

The documents claim Caleb had access to the car lot and desktop computer, where the child pornography was downloaded, at “relevant time periods” and that law enforcement “failed to meaningfully investigate the possibility that anyone other than Duggar may have committed the crimes charged.”

The team claimed Caleb regularly used the computer in the month and weeks leading up to the May 2019, when photos and videos of child sex abuse materials were downloaded. 

The documents claim the Government “disregarded” this evidence.

They claimed Caleb contacted the government on multiple occasions in advance of the trial. 

He allegedly wrote to prosecutor William Clayman: “I was completely mistaken about not being at the Wholesale Motorcars lot during the time I was in Arkansas (AR) between May 8, 2019 – May 11, 2019. I do not know if I was on the lot computer or even if I ended up going there. 

“It looks like during my time there, I did odd work for the guys and maybe even Josh Duggar. In the messages between Josh Duggar and I, while I was in AR, as attached in one of these screenshots I am providing, I tell Josh I was planning to come to the lot a couple of days. I apologize for the mistake; I had no intention to mislead you all.”

He claimed he may have been there May 11, 2019, the date the Linux partition, which splits the computer in half, was downloaded. 

Another email from Caleb to prosecutors read: “I’ve also found a few more passwords if you all want them. At some point several of the Duggar guys asked me to run the back ends of some of their social media to help them sell cars. Jed, Josiah, and Joseph I do believe. I still have access to Jed’s fake account and Josiah’s account.”

Josh’s legal team describes this information a “critical,” as the Government tried to prove at trial that only Josh had the password.

They claimed prosecutors “hid the ball from the defense” and waited five days to to present the evidence. 

The court papers read: “Had the defense possessed this information when it became available, it would have meaningfully affected trial strategy and provided additional fodder for cross examination of Government witnesses.”  

‘UNQUALIFIED EXPERT’

They also argued that the Government “failed to turn over exhibits created by the Government’s expert witness, James Fottrell in advance of trial.”

At trial, Josh’s lawyer Justin Gelfand argued the exhibits were created after their forensics expert took the stand, though James insisted they were created before trial. 

The team also claimed the expert witness testified about “geolocation” despite the fact that that he was allegedly “unqualified.”

At trial, the expert used geolocation to place Duggar at the car lot at certain dates and times the child pornography was downloaded. 

The court papers read James has “no knowledge about how geolocation, EXIF data, or GPS coordinates work”

The documents then requested an alternative to dismiss the possession of child pornography charge, which is the lesser offense. 

APJosh’s legal team argued the Government failed to prove he viewed the child pornography[/caption]

SWNSThe legal team also claimed they were unable to call a witness[/caption]

If you or someone you know is affected by any of the issues raised in this story, call RAINN (Rape, Abuse, & Incest National Network) at 800-656-HOPE (4673).