FAYETTEVILLE -- Lawyers for Joshua Duggar are asking that his upcoming trial be delayed until next year to allow them more time to prepare.
Duggar, 33, of Springdale, is charged with receiving and possessing child pornography. His trial is currently set for July 6 before U.S. District Judge Timothy Brooks in federal court in Fayetteville. The motion to continue, filed Thursday, asked that the case be re-set for some time after February 2022.
Duggar's lawyers argue in their motion they need more time to allow their computer forensics expert to adequately examine the computers and a cellphone that federal agents seized from Duggar. Duggar is represented by Travis Story and Justin Gelfand.
"This is a complex case arising out of a several-year federal investigation concerning allegations involving both the so-called 'dark web' and peer-to-peer BitTorrent file-sharing networks," the motion states.
The defense's independent computer forensic expert needs to examine each of the devices, a time-consuming process, according to the motion. One device the government says contained child porn has to be examined at a government facility. The defense expert must also conduct a time-intensive review of the remaining devices the government does not allege contained child pornography, according to the motion.
The review and analysis may take several months, according to the motion.
The defense also needs more time to review the government's evidence and pursue certain investigative leads, according to the motion. They also expect to file a number of pre-trial motions that could require a pre-trial evidentiary hearing.
Finally, Duggar's lawyers say they have several scheduling conflicts related to the courts opening back up, post-covid.
Duggar, best known for being a part of his family's cable television reality show, is accused of using the internet in May 2019 to download and possess the material, some of which depicts the sexual abuse of children younger than 12, according to court documents.
A federal magistrate in May allowed Duggar to be released to home detention while awaiting trial at the residence of Lacount and Maria Reber, friends of the Duggar family, with a list of conditions, including electronic monitoring and travel restrictions. She forbade Duggar from accessing the internet or any kind of pornography.
If convicted, he faces up to 20 years of imprisonment and fines up to $250,000 on each count.