NEWSAnna Duggar Shares Motion From Josh Duggar's Legal Team For Acquittal Or New Trial, Declares 'There Is More To The Story'
Anna Duggar is still standing by her husband, Josh Duggar.
As previously reported by OK!, the 19 Kids and Counting alum was found guilty in December 2021 on two counts of possessing and receiving child pornography.
Despite the guilty verdict, Anna took to Instagram Thursday, February 3, insisting: "There is more to the story." She asked her followers to click the link in her bio. The link was for a motion for acquittal or a new trial in her husband's headline-making case. The new documents appeared to have been filed on Wednesday, January 19.
Josh's legal team requested that the court grants him a judgment of acquittal or new trial. If the motions are denied, the defense requested that the court dismiss, "Count 2 with prejudice as it is a lesser included offense of Count 1." The documents noted the second count was for Possession of Child Pornography.
According to the documents, the evidence elicited at Josh's trial does not support either of his convictions. "Specifically, even accepting arguendo and only for purposes of this motion the allegation that Duggar received and possessed visual depictions of child pornography, the Government failed to adduce any evidence that Duggar 'knew that the visual depictions were of a minor engaging in sexually explicit conduct'—a necessary element for conviction of each count," the motion read.
"Indeed, the evidence at trial established that certain files allegedly found on the HP desktop computer were never viewed by any user of the computer and that all the files at issue had been deleted shortly after being downloaded," the documents continued. "Thus, even in the light most favorable to the Government, the jury had no evidence that Duggar personally viewed any specific portion of any of the files allegedly found on the computer."
- Josh Duggar Dubs Child Pornography Verdict 'Unconstitutional' In Latest Plea For New Trial
- Judge Approves Josh Duggar's Request For Extension To File 'New Motion' After Lawyer Vows To Appeal Guilty Child Pornography Verdict: Report
- Anna Duggar 'Still Loves' Josh But Is Unsure About Their Future, She's 'Doing Everything She Possibly Can To Make Sense Of This Living Nightmare,' Source Spills
The documents stated that Josh should be granted a new trial because the government allegedly violated Brady and Giglio, "by failing to timely disclose exculpatory evidence." They also claimed Josh was "precluded from calling a necessary witness, Caleb Williams."
According to Josh's legal team, the government, "violated the Jencks Act, Federal Rule of Criminal Procedure 16, and Federal Rule of Evidence 705 by failing to turn over exhibits created by the Government’s expert witness, James Fottrell ('Fottrell'), in advance of trial."
"Fottrell was permitted to testify about geolocation despite the fact that this constitutes expert testimony that he was unqualified to render and that was not included in the Government’s Federal Rule of Criminal Procedure 16(a)(1)(G) disclosure," the motion read.
As previously reported by OK!, Josh's team filed a motion last month to secure some extra time to file post-trial motions, which was approved by Judge Timothy L. Brooks. The filing requested a 10-day extension so, "that the transcripts may be utilized and so that this Court will have a more precise record from which to consider Duggar’s motions."
Josh faces up to 20 years behind bars as well as up to $250,000 in fines for each of the counts.
