Last year, Josh Duggar the eldest son of the “Counting On” reality TV show family was sentenced to 151 months in prison which is 12.5 years for being guilty of exchanging and having in his possession Child pornography on Wednesday, May 25, 2022, by Judge Timothy L. Brooks.
Josh Duggar – Is Fighting To Have A New Trial For His Child Pornography Case.
After serving a year and almost two months in jail, Josh Duggar is fighting to have a new trial for his child pornography case. Although his appeal for a new trial was denied by the 8th U.S. Circuit Court of Appeals, Josh is not taking no for an answer.
According to “The U.S. Sun,” the 35-year-old reality TV alum’s attorney Justin Gelfand filed another appeal to overturn Josh’s conviction and have a new trial.
Justin filed for an “extension of time within which he may file his petition for rehearing in this case.” All he needs is to be granted 14 days to petition for the rehearing.
The court document obtained by the outlet reads, “Since the Opinion was issued, undersigned counsel has had difficulty communicating with Appellant because he is currently detained at a facility in a different state.
It is essential that undersigned counsel discuss this Court’s opinion and the complex issues involved with Appellant before filing a petition for rehearing.”
Josh Duggar — Josh Spoke To The Feds Without Council
During an appeal hearing in Kansas City, Missouri on February 16, Josh’s attorney claimed that when Josh’s car was raided over a year and a half ago before his arrest, he spoke with the federal agents without his council.
Justin alleged that when Josh brought out his phone and placed it on his ear to call his lawyer, the federal agents seized it from him. Josh ended up answering their questions in the absence of a counsel.
“[Duggar] takes out his phone, physically puts it to his ear… for the purpose of contacting his legal counsel. Federal agents physically took the phone out of his hand and deprived him of the ability to communicate with his legal counsel. He was told he was free to go. No reasonable person in his shoes at that time would believe that,” said Justin in court on February 16.
On hearing that, the Judge enquired if there was no other means for Josh to contact his lawyer, and Justin replied, “This lot was accessible only by a highway with no sidewalk, it was in the middle of nowhere. There was nowhere to go. The vehicle he came in was searched, he had no access to it. The keys to the other vehicles in the car lot were in the office. He wouldn’t be allowed to enter without an escort.”
After hearing from Justin and the prosecution, the judge said, “I am a little concerned though… The agent knew he was trying to call his counsel. It appears that might have been the only way he could’ve done so. It does concern me when someone makes an attempt to contact counsel… and is unable to call counsel because there is no alternative way to do it. I’ve never seen that before.”
Justin also accused Josh’s employee Caleb Williams of having a hand in Josh’s case. Justin said, “Caleb Williams worked at Wholesale Motorcars, which is the scene of the alleged crime. He regularly used the only computer, the HP computer, for purposes that had nothing to do with Wholesale Motorcars or Josh Duggar.
“He texted Mr. Duggar on May 7, approximately a week before the alleged crime, offering to go watch the lot the following week. He took a photo of Mr. Duggar in the office where the alleged crime occurred. Showing Mr. Duggar used a Macbook, not the HP computer.”
Josh Duggar — The Court’s Decision To Deny Josh Duggar’s Appeal For New Trial
Josh first filed an appeal to conviction in October 2022. The initial court documents holding the court’s decision to deny Josh’s appeal for a new trial reads, “It is true that the agents read him his Miranda rights, which ordinarily might leave someone with the impression they are in custody.”
“But when Duggar signed a form acknowledging his rights, he had the agents ‘scratch out’ the portion saying that he was being ‘taken into custody.’ Modifying the form made it clear he was free to leave. The second and third factors also favor the government. Duggar sat in the front passenger seat of the agents’ truck during the interview.”
“They ‘did not handcuff him, the doors remained unlocked, and he entered and exited the front seat of the vehicle on his own,’ which means he’ retained freedom of movement throughout the’ encounter. And although the agents ‘initiated contact with’ Duggar, he still ‘voluntarily acquiesced’ to the questioning.”
“Indeed, he began the interview with a question of his own—'[H]as somebody been downloading child pornography?’—and ‘continued to converse’ with them for about an hour.”
In conclusion, the judgment stated, “Finally, Duggar was not ‘arrest[ed] at the termination of the questioning.’ To the contrary, he ended the interview on his own and then left the dealership—hardly an option available to someone in custody. We accordingly affirm the judgment of the district court.”
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