Judge grants prosecution’s subpoena to seek bank records in Josh Duggar’s child porn case

Josh Duggar Trial

May 5, 2021. Joshua Duggar (R), attorney Travis Story (L), released from the Washington County Detention Center. Fayetteville, AR.

UPDATE: The Western District of Arkansas has granted the prosecution’s motion to issue a subpoena for an individual’s bank records to show they were not in the state of Arkansas during the timeframe that the child pornography crimes occurred.

According to the court order from Judge Timothy Brooks, Regions Bank is to produce by no later than November 15, 2021.

The court will notify both the prosecution and defense and make all the documents available for inspection and copying.


Original Story

FAYETTEVILLE, Ark. (KNWA/KFTA) — The Western District of Arkansas has filed an order requesting a trial subpoena for an individual’s bank records, suggesting that the man in question was in Missouri during the “relevant timeframe at issue” in the Josh Duggar child porn case, according to a court filing.

The prosecution is seeking bank records that it states are “relevant for the Government’s case as they affirmatively exclude (the witness) from Wholesale Motors and (the) state of Arkansas on the dates in question.”

If granted, the motion would allow a Homeland Security Special Agent to serve a trial subpoena on Regions Bank, with the requested materials to be delivered to the prosecution on or before November 15.

KNWA photo of Wholesale Motorcars, Springdale, AR. 11/20/19.

In a prior motion filed on November 3, the prosecution stated their belief is “the defendant will attempt to introduce evidence suggesting that other individuals had access to the HP desktop computer at issue and therefore could have committed the offenses charged in the indictment.”

The motion goes on to call any such evidence “nothing more than wishful speculation based on bare suspicion.” The filing requested that the court exclude “third party guilt evidence” pertaining to three individuals named in the motion. The request for a subpoena of bank records are for one of these witnesses.

Also on November 3, Duggar’s defense team filed a motion requesting that witnesses in the trial be sequestered so that they cannot hear the testimony of other witnesses, pursuant to Federal Rule of Evidence 615. This would also prevent the prosecution and its witnesses from talking to sequestered witnesses about the trial or their testimony.

FILE – This undated photo provided by the Washington County (Ark.) Jail shows Joshua Duggar. Attorneys for former reality TV star Duggar filed motions Friday, Aug. 20, 2021 seeking to dismiss child pornography charges against him. (Washington County Arkansas Jail via AP, File)

Duggar, who appeared in TLC’s “19 Kids and Counting,” was charged in April with two counts of downloading and possessing child pornography.

A federal judge in October denied motions to suppress video evidence found on electronic devices that were seized.

Duggar faces up to 20 years in prison and fines of up to $250,000 on each count if convicted.

The jury trial is set for November 30 in Fayetteville.

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