Josh Duggar’s trial to continue, judge explains decision to deny motions

Northwest Arkansas News

FAYETTEVILLE, Ark. (KNWA/KFTA) — A U.S. District Judge confirmed Tuesday in a memo that Josh Duggar’s child pornography case will continue after motions to dismiss evidence and drop charges were denied.

Duggar’s defense argued that some statements made by the former reality tv star should be suppressed based on the protections of his Miranda rights.

The court denied the motion because Duggar was never in custody when first formally interviewed, therefore protections under Miranda can not serve as a basis to suppress any statements that he made.

A motion to suppress photos of Duggar’s hands and feet taken at booking was also denied on the basis that booking records are not considered testimonial statements and the booking process is not considered a “critical stage” of prosecution, therefore the Sixth Amendment right to council does not apply.

Duggar’s attorney also moved to dismiss his indictment by arguing that the Acting Secretary of Homeland Security who took up Duggar’s case was improperly appointed and as a result did not have the authority to lead the department.

The motion was rejected due to the fact that Duggar’s indictment was passed down by a properly assigned grand jury and the appointment of the Homeland Security secretary has no effect on the case.

Lastly, the defense moved to dismiss the case because they believed that federal agents did not preserve evidence that could’ve acquitted Duggar.

The court denied the motion because federal agents elected not to collect additional evidence based on “good faith” when working the case.

Duggar’s jury trial is scheduled for November 30.

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