Josh Duggar to be RELEASED from jail as he’s accused of possessing ’65 images of child porn involving a toddler’
JOSH Duggar is to be released from jail after he was accused of possessing 65 child porn images and one video of minors, including a toddler, at his detention court hearing.
, 33, appeared via zoom from Washington County Jail in Arkansas for the detention court hearing on Wednesday, as he appeared to be in good spirits.
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A judge said Josh will be released from prison tomorrow with conditions including restricted travel, as he cannot leave Benton, Washington and Madison counties in Arkansas without permission from the court.
Josh has "unlimited access" to his six children with wife Anna present, though he is not allowed to be around minor children, including his siblings, nieces and nephews.
The judge said of her decision: "The court views these charges as very serious. It is a concern to have an agent testify that the file download found on a computer is some of the worst child abuse pornography in 1,000 cases, that concerns the court.
"The victims of your crime, if you committed it, concern the court. Children are involuntary victims of pornography. They’re subject to human trafficking. This weights against your release into the community.
She said the molestation scandal that was made public “concerns her,” because of the age of the victims and the children in the porn.
The judge added: "I am concerned images and ages are very close to the ages of your children and nephews and nieces and siblings children. I don't know if you're a danger."
Special Agent Gerald Faulkner from Homeland Security was the first to take the stand at the hearing, as he was questioned by the prosecutor.
He said: “In May of 2019, [an Arkansas police officer] identified a computer participating in the known sharing of photos and videos of child pornography.”
He claimed Josh had one two-minute video on his computer of two underage females and a male who performed sexual acts on the children.
Also found were 65 images of a female “consistent with child pornography.”
The agent said: “October 2019, the IP address was assigned to Joshua Duggar with an address in Springdale, Arkansas."
An HP desktop computer from the car lot, a MacBook laptop in an RV Josh arrived in and Josh’s cell phone were confiscated by authorities.
Though Josh was not informed of the reason for the investigation, he asked authorities if someone downloaded child pornography on his computer.
Josh admitted he had a TOR browser on his computer, which gives him access to the dark web anonymously. The agent explained how the child pornography could be found on the dark web.
The agent then said how he asked Josh about the images of minors 5 to 10 years old, he responded: "I'd rather not answer that question."
The password of one of the programs used to obtain the images was the last four digits of Mr. Duggar's birth year, the same password was used for Josh's bank accounts, websites and more.
Josh used one of the programs to view porn including rape and child porn, according to the agent.
The agent mentioned how downloads from a specific file were made. The agent said the file “is in the top five worst I have ever had to examine,” as the specific file has been known to include children as young as 18 months old. The agent did not say if Josh downloaded the photos involving an 18 month old.
The agent said friends and family confirmed Josh had a porn addiction.
But the agent said there is "no evidence" Josh was the person who downloaded TOR.
The agent confirmed Josh and Anna drove themselves to the Sheriff’s Office with agents following them so their children wouldn’t see him get arrested.
Parole officer Diem Nguyen then took the stand, as she mentioned the “third party” Josh will live with when released.
A couple, who have been friends of Jim Bob and Michelle Duggar for five to six years, have agreed to allow Josh to live with them.
The friend offers ministry to prisoners, while his wife is a piano teacher.
The parole officer said the wife of the friend had reservations of Josh living with her family.
Diem explained: "Her concern was she was a woman and Josh was a man and that she felt, she didn’t know how she felt about being alone with him for a long period of time.”
The officer then explained how minors come in and out of the home for piano lessons, but that they are always supervised by an adult.
The family also owns firearms, which caused concern for the judge.
Josh would stay in an add-on bedroom in the home. The Internet is password protected.
The parole officer said: "Based on his job and he’s a pastor, volunteers, they could be suitable third party custodians. However, the minors coming into the home and the pistols cause the probation office some concern.”
She requested he not be released.
When Josh’s lawyer spoke, he said they would provide a “suitable residence.”
She agreed, however, to remove the firearms from the home and not have the lessons there as well.
The prosecutor then gave her closing argument, as she said: “Some of those images and videos contained minors under the age of 12 and as young as a toddler. The child pornography was found in the office of Mr. Duggar’s business. A partition was downloaded, another hiding way to obtain the child pornography.
“The lengths he went through to conceal his activity. He was doing it at his business, by a partition, that is supposed to alert his wife, Anna Duggar, if he is looking at things he’s not supposed to. He’s looking at the dark web.
“[The special agent said] he’s been doing these cases for years and it’s the worst he’s ever seen. Those are the types of images and videos Josh Duggar was looking at.
“The password was a password he used for years for his personal accounts. He is the person behind downloading the child pornography. He admitted he was familiar with programing and referenced the TOR browser.
“We know the child pornography involves the sexual abuse of toddlers and young children. He has a history dating back 20 years that shows his sexual attraction to children and the deviousness of his activity.”
Josh’s lawyer said in his closing argument: “Mr. Duggar is not a risk of flight. This case has been investigated for two years since May 2019. Homeland security executed a search warrant in November 2019. Mr. Duggar has not fled or left the jurisdiction. He voluntarily surrendered. When a defendant voluntarily surrenders, that’s a clear indication he is committed to these charges head on.
"The court could impose restrictions. This is not a defendant who is going to flee. He is not a danger to the community. They could’ve arrested him at any point in the last two years.”
Ahead of the hearing, .
In the court papers obtained by The Sun, Josh’s attorney’s argued he has “no criminal convictions” and has “known about the federal criminal investigation since November 2019.”
Since then, Josh, his wife Anna and their six children have “continued to reside in the Western District of Arkansas” and he has allegedly “maintained an open dialogue with the U.S. Attorney’s Office in connection with this investigation.”
An attorney for Josh then questioned the witness, as he had him confirm they traced the images to the IP address and not a specific device.
The court papers read: “Indeed, while child pornography crimes are unquestionably serious, the indictment certainly does not allege that Duggar personally interacted with a single child and the Government would be hard-pressed to identify how conditions of release set by this Court would not protect the community from criminal conduct.”
The request also notes his time on family’s reality show 19 Kids and Counting.
The court papers read: “Duggar has a widely-recognizable face and has spent the majority of his life in the public spotlight—making any concern that he is a risk of flight all the more unwarranted.
“As he has demonstrated for the 17 months during which he has been aware of this investigation, there is no danger of Duggar fleeing.”
Josh’s legal team also said he found a third-party custodian to live with where there are no minor children in the residence.
The court papers read: “Duggar is requesting that this Court permit him to return home to his immediate family during the pendency of this case. The residents of his home are his wife (who is pregnant) and their six children”
The Sun previously broke Josh was last Thursday.
The arrest is related to the 2019 Homeland Security raid on Josh's .
In November 2019, Homeland Security conducted an “ongoing federal investigation” at the lot.
According to the indictment, Josh between or about May 14, 2019 and on or about May 16, 2019.
For the second count, Josh “knowingly possessed material that contained images of child pornography,” including “images of minors under the age of 12.”
According the Department of Justice, Josh “allegedly used the internet to download child sexual abuse material. Duggar allegedly possessed this material, some of which depicts the sexual abuse of children under the age of 12, in May 2019.”
If convicted, he could receive 20 years in prison with fines up to $250,000 for each count.
Josh at his arraignment on Friday.
If released, the judge said at the hearing that Josh must reside with a third party.
She said at the hearing: "The court would likely require a third party custodian that he could reside with that would ensure compliance with the conditions of bond.
"It would need to be a residence where there are no minors in the home. You would need to look for somebody who could ensure to the court that there are no minors in the home or would not be visiting unsupervised.”
The that read: “We appreciate your continued prayers for our family at this time. The accusations brought against Joshua today are very serious.
"It is our prayer that the truth, no matter what it is, will come to light, and that this will all be resolved in a timely manner. We love Josh and Anna and continue to pray for their family.”
Josh's wife, , 32, announced she is a week before the arrest with a gender reveal video.
The arrest comes after In Touch Weekly uncovered a 33-page Arkansas police report in 2015 claiming Jim Bob confessed to local authorities that his while they were asleep in the Duggar family home back in 2006.
Following the allegations against him, Josh addressed the claim: "Twelve years ago, as a young teenager, I acted inexcusably for which I am extremely sorry and deeply regret.
"I hurt others, including my family and close friends.”
Josh was never charged with any crime related to the incidents.
His younger sisters , 29, and , 28, came forward as two of the victims in an interview with , where they they insisted they had .
More allegations followed for Josh, as another report just three months later claimed the former TLC star was using adultery dating service Ashley Madison.
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He said: "I have been the biggest hypocrite ever. While espousing faith and family values, I have secretly over the last several years been viewing pornography on the Internet and this has become a secret addiction and I became unfaithful to my wife.”
Soon after, porn star Danica Dillon, whose real name is Ashley Johnston, claimed he .
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Josh has always denied the alleged assault.
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).
