Josh Duggar to Launch Fresh Appeal on Child Pornography Verdict as he Continues to Serve 12-Year Prison Sentence
The feds who worked on the case said the material the reality star downloaded was the 'worst of the worst.'
Aug. 26 2023, Published 3:30 p.m. ET
Josh Duggar's appeal for his child pornography case has been denied, and the former reality star will continue to serve his 12-year prison sentence as he prepares for his next appeal, RadarOnline.com has learned.
Prior to his sentencing, Duggar’s mom Michelle and wife Anna wrote letters to the judge pleading to go soft on him.
According to the Sun, Dugger's appeal was denied by the 8th U.S. Circuit Court of Appeals, as confirmed by court records. His lawyer, Justin Gelfand, argued that federal agents seized his phone when he tried to contact his attorney during a raid at his car lot a year and a half before his arrest and subsequent conviction.
Gelfand claimed that the former reality tv star spoke to the agents without legal counsel present.
The court papers stated, "It is true that the agents read him his Miranda rights, which ordinarily might leave someone with the impression they are in custody. But when Duggar signed a form acknowledging his rights, he had the agents 'scratch . . . out' the portion saying that he was being 'taken into custody.' Modifying the form made it clear he was free to leave."
The judge even imposed rules on when Duggar can see his own children.
The 35-year-old filed an appeal to his conviction in October 2022. His lawyer and the prosecution faced off during an appeal hearing in Kansas City, Missouri, on February 16.
Gelfand argued that federal agents seized Duggar's phone when he tried to contact his attorney during the raid at his car lot. Gelfand stated in court, "[Duggar] takes out his phone, physically puts it to his ear... for the purpose of contacting his legal counsel."
The prosecution responded, "Mr. Duggar was not in custody at any point during the search of the used car lot... Mr. Duggar was repeatedly told he was not in custody and was free to leave."
The judge expressed concern about the agent preventing Duggar from contacting his counsel.
Duggar was found guilty on two felony counts related to possessing child pornography.
During the appeal hearing, Josh's lawyer also mentioned his employee, Caleb Williams, and claimed that Williams could have committed the crime.
Gelfand stated, "Caleb Williams worked at Wholesale Motorcars, which is the scene of the alleged crime. He regularly used the only computer, the HP computer, for purposes that had nothing to do with Wholesale Motorcars or Josh Duggar. He texted Mr. Duggar on May 7, approximately a week before the alleged crime, offering to go watch the lot the following week. He took a photo of Mr. Duggar in the office where the alleged crime occurred, showing Mr. Duggar used a Macbook, not the HP computer."
However, the prosecution responded, "There was abundant evidence Mr. Williams was not present in Arkansas on that date. He was outside Arkansas between May 11 and May 16."
The ex-TLC star denied he was the one who downloaded or watched the videos.
The judge put the case under advisement, indicating that a ruling would not be made immediately.
In the appeal court papers, Duggar's legal team claimed that armed federal agents restrained him during the interrogation at his car lot. They argued that Duggar was not allowed to leave in his car as it was being searched.
The court papers stated, "This Court should conclude a reasonable person in Duggar's position would have felt 'deprived of his freedom of action in any significant way.'"
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In the appeal court papers, Duggar also blamed his employee, Williams, for committing the crimes. His lawyers claimed that the jury did not hear alternative evidence against Williams.
Williams responded, "I pity him more than anything else, especially his family. In my opinion, this is a big PR stunt, and he wants his freedom, I get it."
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