Josh Duggar 儿童色情案例: 为什么法官驳回了驳回证据的动议

Josh Duggar 儿童色情案例: 为什么法官驳回了驳回证据的动议

In a new court filing, the judge presiding over 乔什·达格‘s child sex abuse material case outlined his reasoning behind denying the former reality star’s requests to get evidence dismissed ahead of his Nov. 30 审判.

露, 33, has been charged with receiving and possessing child sex abuse material. 他 不认罪 following his April arrest and 被释放 pending the trial.

最近几个月, his defense team has filed multiple motions regarding the evidence in the case, 哪一个 were denied at a Sept. 27 听力.

The defense’s requests included a motion to suppress statements Duggar allegedly made to federal agents during the course of their investigation, a motion to dismiss the case entirely on claims that investigators failed topreserve potentially exculpatory evidence,” a motion to suppress photographs of Duggar’s hands and feet taken while he was in custody, and a motion to dismiss Duggar’s indictment because of technicalities over who was running the Department of Homeland Security at the time of their investigation.

District Judge Timothy L. Brooks addressed each of the motions and why they were denied in a document filed Wednesday and obtained by PEOPLE.

乔什·达格

乔什·达格
乔什·达格
| 信用: 克里斯康纳/盖蒂

The first motion was in regards to statements Duggar made to federal agents 十一月 2019, when they executed a search warrant on the car lot where he worked at the time.

His lawyers argued that what Duggar said to the agents — including allegedly asking, “What is this about? Has somebody been downloading child pornography?” — should be suppressed because he had previously asserted his right to counsel.

The judge, 然而, wrote thatbecause Mr. Duggar was never in custodyduring the interaction with the agents, his statements would not be suppressed.

The next motion claimed that the photos taken of Duggar’s hands and feet, which show a scar on one of his hands, were a violation of his Fourth, Fifth and Sixth Amendment rights and said that law enforcement officials should have obtained a warrant before taking them.

Brooks denied this becausethere is no legal authority to suggest agents needed a warrant before they could photograph Mr. Duggar’s hands and feet,” 他写道, additionally noting that “先生. Duggar consented to being photographed.

The judge said the third motion, which called for Duggar’s indictment to be dismissed, 曾是 “frivolous” 并且有 “no legal support.

乔什·达格

乔什·达格
乔什·达格
| 信用: 丹尼约翰斯顿/美联社/Shutterstock

最后, Duggar’s lawyers claimed that in the course of their investigation, federal agentsfailed to preserve potentially exculpatory evidencebecause they did not perform forensic analyses of electronic devices other than Duggar’s.

The Court finds that law enforcement’s decision not to forensically search and image certain electronic devices was made pursuant to a good-faith belief that such additional investigative steps were unnecessary,” 布鲁克斯写道, denying the fourth motion.

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露, who prosecutors believe had 多于 200 images of children on his computer, is no stranger to controversy. 在 2015, news broke that he had allegedly 猥亵五名未成年少女 作为一个少年. 他的两个姐姐, 吉尔 (露) 迪拉德, 现在 30, 和 杰莎 (露) 西瓦尔德, 现在 28, 之后 挺身而出 作为两个受害者.

Amid his current legal woes, TLC canceled the Duggar family’s reality series, 指望. 在他们的声明中, 网络说感觉是 “重要的是让 Duggar 一家有机会私下解决他们的情况。”

The show premiered on TLC in 2015 and served as a spinoff series to 19 孩子和计数, 从哪个跑 2008 到 2015.

如果您怀疑虐待儿童, 拨打 Childhelp National Child Abuse Hotline 1-800-4-A-Child 或 1-800-422-4453, 或访问 www.childhelp.org. 所有电话都是免费且保密的. 热线可用 24/7 在以上 170 语言.

如果您或您认识的人是性虐待的受害者, 文本 “力量” 到危机文本行 741-741 与经过认证的危机顾问有联系.