Josh Duggar Child Porn Case: Judge Denies Another Defense Motion to Suppress Evidence Before Trial

·3 min read

Over the past several months, Josh Duggar's legal team has filed five motions regarding the evidence in his ongoing child sex abuse material case — all of which have now been denied by the presiding judge.

In a Monday court filing obtained by PEOPLE, District Judge Timothy L. Brooks denied the fifth and final motion, a request to suppress evidence gathered by law enforcement officials during the execution of a search warrant in November 2019. The motion also included a request for a Franks hearing, which is a proceeding held to determine whether police lied in order to obtain a search warrant.

Duggar, who has pleaded not guilty to the charges of receiving and possessing child sex abuse material, had criticized "the methods used by law enforcement to obtain the search warrant," and argued that there was no probable cause to issue it.

Thus, he moved to suppress the evidence found during the execution of the warrant — video files downloaded from the computer at his then place of business, a car sales lot.

RELATED: Josh Duggar Child Porn Case: Why Motions to Dismiss Evidence Were Denied by Judge

However, the court found that a Franks hearing is "not warranted" and denied the motion to suppress, meaning the evidence is fair for the government to use at his upcoming Nov. 30 trial.

"[Duggar] has not shown that federal agents acted with reckless disregard for proper procedure. And he certainly has not shown that the agents acted in bad faith," the Monday filing states. "Moreover, Mr. Duggar cannot show that he was prejudiced by any delay; the devices remained in law enforcement's safe keeping throughout this time period, and the probable cause warranting the initial seizure of the devices remained viable through the date of indictment."

josh duggar
josh duggar

Kris Connor/Getty Images Josh Duggar

The other four motions were denied at a court hearing last month, which Duggar, 33, attended with his pregnant wife, Anna, who previously announced that she was expecting their seventh child this fall.

The motions included a request 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 to "preserve 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.

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Prosecutors believe that Duggar had more than 200 explicit images of children on his computer. During a May hearing, Homeland Security agent Gerald Faulkner described the files allegedly found on Duggar's device as within the "top five of the worst of the worst" that he has ever examined.

The agent said that Duggar downloaded torrent files that included "a series of child sexual abuse material involving minor children ranging from about 18 months of age to 12 years of age."

josh duggar
josh duggar

Danny Johnston/AP/Shutterstock Josh Duggar

RELATED: Duggars Splinter amid Josh's Legal Drama: Family Isn't 'as Close as They Once Were,' Says Source

If convicted of the charges against him, the former reality star faces up to 20 years of imprisonment and up to $250,000 in fines on each of the two counts for a total possible sentence of 40 years, according to an April press release from the U.S. Attorney's Office in the Western District of Arkansas.

Duggar previously faced scandal in 2015, when news broke that he had allegedly molested five underage girls as a teenager. Two of his sisters, Jill (Duggar) Dillard, now 30, and Jessa (Duggar) Seewald, now 28, later came forward as two of the victims.

Amid his current legal woes, TLC canceled the Duggar family's reality series, Counting On. In their statement, the network said it felt it was "important to give the Duggar family the opportunity to address their situation privately."

The show premiered on TLC in 2015 and served as a spinoff to 19 Kids and Counting, which ran from 2008 to 2015.

If you suspect child abuse, call the Childhelp National Child Abuse Hotline at 1-800-4-A-Child or 1-800-422-4453, or go to www.childhelp.org. All calls are toll-free and confidential. The hotline is available 24/7 in more than 170 languages.

If you or someone you know has been a victim of sexual abuse, text "STRENGTH" to the Crisis Text Line at 741-741 connected to a certified crisis counselor.

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