Josh Duggar attorneys file motion to dismiss his child pornography case
Josh Duggar was indicted in April on two counts of possessing child pornography
{{#rendered}} {{/rendered}}Lawyers for former "19 Kids and Counting" star Josh Duggar have filed two motions seeking to dismiss the child pornography case he faces.
Duggar, who appeared in TLC’s "19 Kids and Counting," was indicted in April on two counts of downloading and possessing child pornography, some of which prosecutors said depicted the sexual abuse of toddlers.
The 33-year-old has pleaded not guilty.
{{#rendered}} {{/rendered}}According to a report from the Arkansas Democrat Gazette, the first motion sees Duggar’s attorneys argue that the government failed to preserve potentially exculpatory evidence involving three people who had access to Duggar’s used car lot. When investigators searched electronic devices belonging to the three people, they reportedly preserved no evidence despite one witness saying he worked at the car lot and stayed there overnight on occasion without Duggar’s knowledge or permission.
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Josh Duggar's lawyers filed motions to dismiss his child pornography case. (Kris Connor/Getty Images)
He admitted to viewing adult pornography through websites accessed on the lot’s wireless internet on his phone. However, the government reportedly said that no evidence of criminality was found on his or the other two witnesses’ electronic devices.
{{#rendered}} {{/rendered}}However, Duggar's lawyers argue that the search was not done properly.
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The other motion alleges that the two acting secretaries of the U.S. Department of Homeland Security at the time of the Duggar investigation weren’t properly appointed. The motions ask for the dismissal of the two charges and to suppress evidence in the case, including all statements Duggar made to investigators.
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Duggar has been confined to the home of family friends who agreed to be his custodian during his release, and he is prohibited from using any Internet-accessible devices as he awaits trial.
"19 Kids and Counting" was canceled following revelations that Duggar had molested four of his sisters and a babysitter. Duggar’s parents said he confessed to the fondling and apologized.
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Duggar previously apologized for a pornography addiction and cheating on his wife.
The Associated Press contributed to this report.