Josh Duggar’s Attorneys Block THIS Key Evidence As They File Motions To Dismiss Child Pornography Case

[Warning: Potentially Triggering Content] Josh Dugger is doing everything he can to worm his way out of those child pornography charges. According to court docs obtained by E! News, the former TLC star’s legal team filed motions asking a judge to dismiss two charges against their client, including one count of receiving child pornography and […]

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The post Josh Duggar’s Attorneys Block THIS Key Evidence As They File Motions To Dismiss Child Pornography Case appeared first on Perez Hilton.

Josh Duggar Defense Team: The Feds Violated His Rights! Throw Out the Whole Case!

Whether it’s a fishing expedition or not, Josh Duggar’s argument that prosecutors were hiding evidence led to a legal victory by his attorneys.

At the time, the defense’s argument was hinting that the prosecution was committing a Brady violation.

Now, they have a new tactic: accusing the prosecution of violating Josh’s Miranda rights.

Josh’s attorneys have filed a flurry of new motions, attempting to discard the bulk of the entire case against him.

Jim Bob has clearly secured one of the best defense teams that his money can buy to keep Josh out of prison.

According to court documents obtained by RadarOnline, those attorneys filed a barrage of legal motions late last week.

One filing alone demands that all evidence obtained from Duggar’s car lot in the 2019 raid not be used as evidence.

During that portion of the investigation, Federal authorities seized an HP computer and an iMac laptop.

Both devices are believed, through context and electronic records, to be used by the disgraced former reality star.

Discarding these and other evidence could deal a severe blow to the prosecution’s case.

According to the claim by Josh’s defense, Josh pulled out his iPhone during the initial search.

He allegedly announced that he was going to use the device to contact his attorney.

However, investigators reportedly told him that the iPhone was covered by the warrant, and seized it.

Authorities then took Josh into custody and proceeded to question him.

It is claimed that no attorney was present to question Josh during that time.

Anyone under investigation has a right to legal counsel during questioning … but it is a right that they must invoke.

“Duggar communicated his intent to seek advice from his attorney,” the defense’s motion characterized.

“And,” the motion continued, “federal agents physically stopped him from exercising his constitutional right to do so.”

Just for the record, it is our understanding that attorney representation is a right — not necessarily calling one on a specific iPhone.

“Then, after preventing Duggar from seeking legal advice and after physically taking his iPhone from his hand,” the motion added.

The defense accused “law enforcement again approached him to interrogate him.”

“The interaction involved law enforcement officers swarming the premises and physically taking an iPhone out of Duggar’s hand,” the motion noted.

The defense characterized that this took palce “under circumstances that would intimidate any person.”

Therefore, Josh apparently felt that he could not leave.

His attorneys argue that this feeling that Josh had made this a custodial situation, meaning that any statements that Josh made during questioning are void.

That’s … an interesting argument, legally speaking.

On the one hand, unless authorities tell you otherwise, a search of your property by itself does not mean that you are being detained.

On the other, the courts have historically erred (with good reason) on the side of protecting Miranda rights.

The burden, courts have repeatedly emphasized, falls upon law enforcement to do everything correctly or not at all.

“Because Duggar clearly asserted his right to speak with his lawyer,” the defense argued.

“Duggar never should have been questioned without counsel physically present,” the motion insisted.

The defense alleged that this is true “regardless of whether he allegedly subsequently signed a Miranda waiver form.”

We do not know for certain whether the defense is accurately representing events in this reported filing, or how the court will rule.

If investigators did botch this case, then the horror of downloading photos and video of little girls’ lives being ruined would only be compounded.

As we noted, they filed many motions, including an accusation that the Homeland Security investigators were imprecise with the search warrants.

The defense also accused investigators of not following the law with sufficient precision.

In other words, they believe that the entire case should be dropped due to alleged bungling.

We could look at these arguments as alarm bells that the case is falling apart, but that really won’t be true unless the judge says so.

However, we can also look at this flurry of motions as the defense growing increasingly desperate.

It may be that the facts of evidence are not going their way, and therefore they hope to cast aspersions upon the prosecution’s case until something sticks.

Josh Duggar: Will Text Message Data Prove His Guilt?

In the wake of disgraced former reality star Josh Duggar’s arrest, some family members insisted that he was innocent.

Jim Bob took this difficult-to-believe claim even further, trying to blame Josh’s charges on an employee.

However, investigators and prosecutors aren’t buying that.

According to recently unsealed court documents, the prosecution believes that Josh gave himself away using a provable electronic paper trail.

In other words, federal agetns think that Josh Duggar was downright sloppy when it came to covering up his alleged crimes.

An unsealed court transcript got into Radar Online‘s hands and detailed parts of the prosecution’s case.

Josh was arrested in late April and charged with receiving and possessing images and videos of the sexual abuse of young girls.

Investigators seized an HP computer and an iMac laptop from Josh Duggar’s place of work, a car lot.

Apparently Josh used a consistent password to access the obscene material of children’s lives being ruined.

Additionally, the analysis of his electronics included a sizable helping of Josh’s text messages, stored on the iCloud accessed via his computers.

Text messages include date and time stamps.

Using this and other date, investigators looked into whether Josh’s electronic records indicated that he was at his computer when the illegal material was accessed.

According to the prosecution, yes – Duggar was physically present by the devices according to his own texting activity.

On May 14 of 2019, Josh snapped a photo of a vehicle on his work lot.

This was at 4:14 pm in the afternoon.

A short time later, he sent a text message that read: “Got stuck here and still not free yet.”

It was only about 10 minutes later that, according to the analysis of his electronics, Josh’s office computer was used.

Specifically, the device was used to access “porn sites associated with rape and files associated with child pornography,” the government investigators say.

20 minutes later, the prosecution maintains, two files featuring the illegal material were downloaded. Around 5:41 pm, Josh’s computer downloaded another.

Seven minutes later, Josh sent a text to a friend.

“I have your Versa down here for Carlin by the way. I’m at my car lot,” the text reads.

Prosecutors note that this helps to demonstrate that it was Josh who used his own computer to access the material.

Josh, of course, entered a plea of not guilty.

His wife, at least, seems to fanatically maintain his innocence.

As such, he is going to trial, which is set to begin in late November.

So what exactly is the argument here, ultimately?

Is it possible that someone snuck in and framed Josh in order to access disgusting materials?

Setting aside the deeply upsetting contents of Josh’s case, let’s look at something more lighthearted.

Let’s say that I used an illegal file-sharing software to download the eighth season of Game of Thrones.

I use this example because it’s harmless, it’s something that I have not done, and because, frankly, HBO should be grateful that someone would even pirate it.

What if investigators track me down and accuse me of doing it, and I claim that someone else did this.

Think of it this way:

In order to prove this, investigators might look at my use of my mobile phone — what tweets or texts did I send at the time?

If my phone was on my wifi network, it indicates that I was at home during the alleged TV piracy. Location data could share even more.

With those electronic records in place, I would have a hard time proving that I didn’t illegally watch nearly a decade of cultural relevance get thrown out by bored showrunners.

From this report, it sounds like Josh is similarly locked into a specific time and place.

Of course, our hypothetical scenario was deliberately lighthearted. What Josh is charged with doing is downright evil.

It may be that whoever was on the receiving end of Josh’s text will be called to testify to demonstrate that the text came from Josh, and was not part of an elaborate hoax.