Josh Duggar is fighting the court’s use of photos taken of him in jail, as his child pornography trial starts to loom. These photos were taken by Duggar and show his hands and feet. They are being used as evidence against him.
However, the former reality TV star is asking for the photos to be thrown out because he claims that the federal agent who took them did not have a warrant. Prosecutors have refuted the allegations, saying that Duggar posed willingly for the photos.
Prosecutors also claimed that Duggar was seen in the images taken from jail showing a scar across his hand. This can also be seen on images taken from Duggar’s work computer that they took from his used car dealer.
“Law enforcement observed the same scar in images recovered from the defendant’s electronic devices seized pursuant to a search warrant in this case,” prosecutors wrote in legal documents. Duggar and his legal staff argue that Duggar did not consent to the photograph of his hand and feet.
It was also a violation of Duggar’s constitutional rights for authorities to do this. Duggar requested that the images be deleted as evidence, but the judge has not yet decided.
The former 19 Kids and Counting star was taken into custody by sheriffs in Arkansas on April 28, with no word on the cause of the arrest at the time. He was taken into custody by U.S. Marshals. The next day he was charged with child pornography possession by U.S. Marshals. Duggar pleaded “not guilty” to the charges and remained in custody until a bond hearing.
Duggar was released on bond and now lives with a friend from his family. Duggar is forbidden from having contact other than with his children. The father-of-six is reportedly allowed “unlimited contact” with his kids, however, his wife — who is currently pregnant with the couple’s seventh child — must be present for the visits. His trial is expected to begin in November.
Duggar has not directly commented on his arrest — nor the charges he is facing — at this time, but his lawyers previously issued a joint statement on his charges. “Josh Duggar has been charged in a two-count indictment. He has pled not guilty to both charges and we intend to defend this case aggressively and thoroughly,” They said. “In this country, no one can stop prosecutors from charging a crime. But when you’re accused, you can fight back in the courtroom — and that is exactly what Josh intends to do.”