Could Josh Duggar be on his method to an enchantment?
As we’re certain you’re conscious, the 34-year-old was discovered responsible of possessing youngster pornography simply over a 12 months in the past. In May, he was sentenced to serve 151 months in federal jail on that conviction after a really public trial. A month later, he was transferred to FCI Seagoville within the Dallas, Texas space, the place he’s set to dwell out the 12 remaining years of his sentence. But he isn’t achieved combating the conviction but!
Last October the disgraced actuality TV star’s staff filed an enchantment as a result of apparently he says he deserves a retrial. Wednesday the US Sun launched the docs which said precisely why Josh believes he was handled unfairly:
“Federal agents surveilled Duggar’s business, waiting for him to arrive. The business was accessible only by a divided highway with no sidewalk and was ‘in the middle of nowhere.’ When Duggar arrived, agents—armed and wearing tactical gear—converged in six vehicles. Duggar immediately took out his phone and said he was calling his attorney. [An agent] took the phone from Duggar’s hand, preventing him from calling counsel.”
He says he was “blindsided” and “wasn’t allowed to leave” — however come on, it was an FBI raid. Why would the brokers enable their suspect to come back and go whereas they’re in the midst of a bust?
Related: Jinger Duggar Cries Discussing Josh’s Child Porn Scandal
The authorities argued they let him have complete freedom to go away every time he wished, however the docs claimed he was primarily trapped there as a result of he had no “means” to go away — he had no car or journey, so he’d should stroll. Uh, we’re failing to see how his lack of getaway automotive is the federal government’s fault…
But guys, it appears to be like like this can be a actual downside in court docket. On Thursday, the outlet revealed the 19 Kids & Counting star’s lawyer Justin Gelfand would possibly simply have the higher hand. In court docket, the lawyer mentioned:
“[Duggar] takes out his phone, physically puts it to his ear… for the purpose of contacting his legal counsel. Federal agents physically took the phone out of his hand and deprived him of the ability to communicate with his legal counsel. He was told he was free to go. No reasonable person in his shoes at that time would believe that.”
As the choose listened, he requested if Josh might’ve gone elsewhere to make a cellphone name — however Gelfand mentioned it was not possible:
“This lot was accessible only by a highway with no sidewalk, it was in the middle of nowhere. There was nowhere to go. The vehicle he came in was searched, he had no access to it. The keys to the other vehicles in the car lot were in the office. He wouldn’t be allowed to enter without an escort.”
Joshua Handell, for the prosecution, argued that this wouldn’t be the fault of the FBI brokers:
“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. He said his wife was pregnant and expecting soon. He may have to leave in order to contact her. The agent said that’s perfectly fine.”
He continued on to say Josh DID, in actual fact, go away the scene with out concern — and he wasn’t even arrested till over a 12 months later! So what offers?
The choose sees concern with Gelfand’s argument, although. His considerations lie with how Josh’s cellphone was taken from him:
“I am a little concerned though… The agent knew he was trying to call his counsel. It appears that might have been the only way he could’ve done so. It does concern me when someone makes an attempt to contact counsel… and is unable to call counsel because there is no alternative way to do it. I’ve never seen that before.”
Yeesh.
So all of this might be despatched to a retrial due to a small mobile phone mishap? So scary to consider…
The case went on, with Handell arguing he might’ve used one other particular person’s cellphone, and Gelfand snapping again by mentioning the purpose the FBI might’ve let Josh use one in all their telephones. The protection lawyer even went on to argue that possibly his consumer didn’t commit the crime in any respect! WTF!
Josh’s lawyer shortly shifted blame to that of Caleb Williams, an worker of the automotive lot:
“[Williams] places himself regularly at the car lot using the only computer seized with child pornography on it. The court deprived Mr. Duggar of that ability.”
Handell didn’t let this slip by, although, arguing that Caleb wasn’t even within the state when the crimes came about. So how might he be at fault if he wasn’t even close to the pc? This entire case is such a large number…
The choose didn’t make any choices but, nonetheless. He put the case in a state of “under advisement” which implies he’s not able to make a ruling and there’ll should be much more thought put into this.
Wow… Reactions, Perezcious readers? Sound OFF within the feedback (beneath).
[Image via MEGA/WENN/Washington County Detention Center]
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