marcatori archivi: ChildMotionsDismiss

Caso di pornografia infantile di Josh Duggar: Perché le mozioni di rigetto delle prove sono state respinte dal giudice?

Caso di pornografia infantile di Josh Duggar: Perché le mozioni di rigetto delle prove sono state respinte dal giudice?

In a new court filing, the judge presiding over Josh Duggar‘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 trial.

Rugiada, 33, has been charged with receiving and possessing child sex abuse material. Lui dichiarato non colpevole following his April arrest and è stato rilasciato pending the trial.

Negli ultimi mesi, his defense team has filed multiple motions regarding the evidence in the case, quale were denied at a Sept. 27 hearing.

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.

josh duggar

josh duggar
Josh Duggar
| Credito: Kris Connor/Getty

The first motion was in regards to statements Duggar made to federal agents a novembre 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.

Il giudice, però, 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,” scrisse, additionally noting that “Sig. Duggar consented to being photographed.

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

josh duggar

josh duggar
Josh Duggar
| Credito: Danny Johnston/AP/Shutterstock

Finalmente, 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,” Brooks ha scritto, denying the fourth motion.

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Rugiada, who prosecutors believe had più di 200 images of children on his computer, is no stranger to controversy. In 2015, news broke that he had allegedly molested five underage girls come un adolescente. Two of his sisters, Jill (Rugiada) Dillard, Ora 30, e Jessa (Rugiada) Seewald, Ora 28, dopo came forward as two of the victims.

Amid his current legal woes, TLC canceled the Duggar family’s reality series, Contando su. Nella loro dichiarazione, the network said it felt it wasimportant to give the Duggar family the opportunity to address their situation privately.

The show premiered on TLC in 2015 and served as a spinoff series to 19 Bambini e conteggio, che correva da 2008 a 2015.

Se sospetti abusi sui minori, chiama la linea diretta Childhelp National Child Abuse al numero 1-800-4-A-Child o 1-800-422-4453, o vai su Tutte le chiamate sono gratuite e riservate. La hotline è disponibile 24/7 in più di 170 le lingue.

Se tu o qualcuno che conosci è stato vittima di abusi sessuali, testo “FORZA” alla riga di testo di crisi a 741-741 collegato a un consulente di crisi certificato.