A federal judge shut down Josh Duggar's attempt to throw out child pornography evidence in a blistering ruling
Josh Duggar speaks during the 42nd Annual Conservative Political Action Conference (CPAC) at the Gaylord National Resort Hotel and Convention Center on February 28, 2015 in National Harbor, Maryland.
Former reality TV star Josh Duggar tried to dismiss evidence of child pornography out of court.
A federal judge denied his request, ruling that federal agents duly received their search warrant.
Judge Timothy Brooks also slammed Duggar's team for insulting another judge and playing semantics.
A federal judge on Monday shot down Josh Duggar's recent attempt to prevent the use of evidence against him in his upcoming child pornography trial, ruling that federal agents had followed due process to obtain a search warrant for Duggar's Arkansas dealership.
Duggar, formerly of TLC's 19 Kids and Counting, has pleaded guilty of possession and possession of child pornography and is due to be tried in November.
In a motion filed in late August, his attorneys tried to suppress evidence that federal agents had seized from Duggar's business - namely a desktop computer, an iPhone and a MacBook laptop.
Point by point, Judge Timothy Brooks dismissed the Duggar Defense Team's three main arguments for suppressing the evidence:
That federal agents excluded important information from the affidavit that supported the search warrant
That the agents had waited too long to apply for the search warrant
That agents waited too long to do a forensic analysis of the confiscated equipment
Brooks wrote on his behalf that none of these issues had an impact on whether the agents had determined a probable cause.
"In the case of Mr. Duggar, he has not shown that federal agents have ruthlessly disregarded due process. And he has certainly not shown that the agents acted in bad faith," Brooks wrote.
“In addition, Mr. Duggar cannot demonstrate that he was disadvantaged by a delay; the devices remained in law enforcement safekeeping during this period and the likely reason justifying the initial seizure of the devices remained viable until the date of the indictment, ”he added.
Brooks appeared irritated by some of the Duggar team's arguments, some of which he called "false". At one point, Brooks even accused Duggar's attorneys of insulting the magistrate who approved the search warrant.
"Mr. Duggar also points out that law enforcement officials did not properly 'educate' the magistrate about the facts surrounding the previous unenforced search warrant and somehow get him to sign a second search warrant," Brooks wrote. "This suggestion is simply wrong - and a not-so-subtle attack on the magistrate's credibility."
Brooks also accused Duggar's attorneys of playing semantics in a dispute over child pornography files downloaded from Duggar's IP address.
Duggar's team argued that federal agents mistakenly labeled two of the alleged child pornography files as "successfully downloaded" when in reality one of the files was only "partially downloaded". Brooks brushed that argument aside.
"Mr Duggar failed to recognize the elephant in the room: law enforcement agencies have completely and successfully downloaded an entire file - a video - of his IP address, and the description of that video alone is a likely cause to search his electronic devices for evidence of a crime "wrote Brooks.
Monday's order was just the latest blow Duggar's defense team suffered in the lead up to the trial. Last month, Brooks turned down a separate motion to prevent pictures of Duggar's hands and feet from being used in the trial.
Read the original article on Insider
In this article:
American television personality
You should check here to buy the best price guaranteed products.
Wilson grabs crucial Newcastle lead v. Burnley
Bomb squad called to ER after a patient turned up with a WWII artillery shell lodged in his rectum, police say
Indonesia's volcano kills one, injures dozens
Broja gives Southampton breakthrough v. Brighton
Hype up your Hannukah with this short rib recipe
I went inside an exclusive first class spa onboard an Emirates Airbus A380 and saw why wealthy travelers pay a small fortune to live well at 35,000 feet