Josh Duggar begs judge to ban cop’s claim star’s child pornography was ‘worst he’s ever seen’ as it’s ‘just his opinion’
JOSH Duggar is begging a judge to ban an agent’s claim that the alleged child pornography found was the “worst he’s ever seen” because it’s “just his opinion.”
, 33, has his trial on November 30 for his April 2021 arrest for receiving and possessing child pornography.
Court papers obtained by The Sun exclusively reveal Josh filed a motion on November 3 to have a statement from Special Agent Gerald Faulkner banned from trial.
At the May 2021 detention hearing, Special Agent Faulkner testified of a specific file: "And I can say in the 11 years of doing this and the thousands and thousands of child pornography images and videos I’ve unfortunately [had] to see, the [file] ranks in the top five of the worst-worst that I’ve ever had to examine.”
Josh’s legal team claimed in the November 3 court papers: “Special Agent Faulkner’s subjective opinion that some alleged child pornography is apparently worse than other alleged child pornography is completely irrelevant, unfairly prejudicial, and constitutes improper opinion testimony.”
The documents claim the opinion “should not be admitted.”
The papers continued that defense fears an “unacceptable risk will arise that the jury would convict Duggar not because the Government has proven him guilty of the crimes charged beyond a reasonable doubt, but because the jury would improperly conclude that a witness—and, in particular, a special agent—formed a subjective opinion as to the alleged severity of the crimes charged.”
The opinion will “mislead the jury” and “needlessly waste time," the defense team claims.
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MOLESTATION SCANDAL
The Sun previously reported from court papers that the state plans to use Josh's past molestation scandal, which he was never charged for, at trial and is asking the court for permission.
In 2015, a police report was published that revealed his dad Jim Bob Duggar confessed to local authorities that Josh fondled the breasts and genitals of five young girls while they were asleep in the family home back in 2006.
The state plans to use the police report at trial, as it shows his alleged “sexual interest in young girls.”
Court papers obtained by The Sun claim: “The government now provides the defendant with notice that it may seek to introduce evidence at trial that the defendant committed other acts of child molestation."
The court papers also filed on November 3 continue to explain that the evidence can establish Josh’s “propensity to commit the charged child sex offense.”
The documents claimed: “Evidence of the defendant’s molestation of and sexual interest in minor girls—including, in this case, girls in the approximate age range of the victims depicted in the child sexual abuse material the defendant downloaded or attempted to download from the internet—is highly probative of the defendant’s knowing receipt and possession of child pornography on his computer.
"Evidence of the defendant’s sexual interest in minor girls, as shown through his prior molestation conduct, is especially probative in that it strongly demonstrates that it was the defendant who sought out and possessed the child pornography material at issue in this case and that he did so intentionally.”
The state is requesting the court allow the molestation report to be used at trial.
JOSH FIGHTS BACK
Josh responded by demanding the judge not allow the government and witnesses from discussing the molestation that took place when he was a minor.
The filing read: “There is no question the allegations at issue arise at a time when Duggar was a minor and the allegations at issue in this case arise at a time when Duggar was in his 30’s.
“Furthermore, there is no question Duggar was never charged with a crime related to those allegations.”
The documents continue that Josh was a minor at the time of the molestation and that it has “nothing to do with computer-based conduct.”
The filing claims the conduct “sheds no light on whether Duggar knowingly received or possessed alleged child pornography on three days in 2019 as the indictment alleges.”
An Arkansas judge has not ruled on the requests.
BACK TO HAUNT JOSH
In Touch Weekly uncovered a 33-page Arkansas police report in 2015.
His younger sisters Jill, 29, and Jessa, 28, came forward as two of the victims in an interview with Megyn Kelly, where they insisted they had forgiven Josh, who was never charged, for his sins.
Josh released in a statement at the time on his Facebook page: “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.
“I confessed this to my parents who took several steps to help me address the situation. We spoke with the authorities where I confessed my wrongdoing and my parents arranged for me and those affected by my actions to receive counseling.”
READY FOR TRIAL
Josh has pleaded not guilty to the two child pornography charges against him.
The Sun previously reported Josh had until October 18 to accept a plea agreement and change his non-guilty plea.
No change of plea was filed.
If Josh files a change of plea after October 18, it will be considered an “open plea,” meaning he will plead guilty without the benefit of a plea agreement.
The court, however, could grant an exception if they are able to show good cause up to 10 days before trial.
The former star is currently on home confinement until his trial and is living with third party custodians LaCount and Maria Reber, who are longtime friends of Jim Bob and Michelle.
The Arkansas judge on the case ordered Josh to wear a GPS ankle monitor.
Josh’s wife Anna, who is pregnant with their seventh child and due any day now, is standing by her husband.
Josh has unlimited access to his children with Anna present.
READ MORE SUN STORIES
The family’s reality show , which Josh has not appeared on, was canceled in light of the scandal.
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).
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