FAYETTEVILLE, Ark. — Josh Duggar's attorneys have filed a 27-page request for either an acquittal of his charges or a completely new trial.
In December of 2021, Duggar was found guilty of one count each of receiving and possessing child pornography.
On Feb. 28, 2022, the defense filed a motion claiming Duggar was "deprived of significant constitutional rights and the law requires a new trial," saying he was "mischaracterized."
The defense says there is still not enough evidence to prove that Duggar was the one who viewed the child sexual abuse material on the computer found at the dealership he owned.
The document states that the prosecution's argument "boils down to the theory" that the computer was only accessible through a password that had been associated with Duggar in the past for other purposes, therefore he must have been the person who accessed this material. The defense claims that there is "undisputed evidence" that this password was also known by employees, family members and other acquaintances of Duggar.
The defense is asking the court to grant Duggar a new trial. If that request is denied, they're asking that the lesser charge be dismissed before his sentencing set for April 5, 2022.
He faces up to 20 years in prison and fines of up to $250,000 for each count.
A federal Homeland Security agent testified in May that the pornographic images depicting the sexual abuse of children, including toddlers, had been downloaded in May 2019 by a computer at a car dealership that Duggar owned.
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