Duggar's porn trial held back

Judge delays date until November

Josh Duggar
Josh Duggar

FAYETTEVILLE -- A judge agreed Tuesday to delay Josh Duggar's child pornography trial until November.

Defense attorneys asked that the case be continued until sometime next year to allow them more time to prepare.

U.S. District Judge Timothy L. Brooks set the case for jury trial Nov. 30. Any decision to plead guilty with a plea agreement must be done by Oct. 18, according to Brooks's order.

Duggar, 33, of Springdale, is charged with two counts involving receiving and possessing child pornography. His trial was initially set for July 6.

In mid-June, lawyers for Duggar asked his trial be delayed until sometime after February 2022.

Duggar's lawyers argued in their motion they need more time to allow their computer forensics expert to adequately examine the electronic devices federal agents seized from Duggar. Duggar is represented by Travis Story and Justin Gelfand.

The defense's independent computer forensics 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 do a time-intensive review of the remaining devices the government doesn't allege contained child pornography, 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.

Dustin Roberts, assistant U.S. attorney for the Western District of Arkansas, said three months would be a reasonable time to delay the trial, and there was no legally or factually valid reason to continue the case until February.

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 home of friends of the Duggar family. The magistrate included 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.

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