Josh Duggar’s case will not be thrown out, a judge has determined.
On Monday, September 27, the former reality show star appeared in court to request that his child pornography case be dismissed.
According to reports from The Sun, the Arkansas judge on the case “denied” the request for dismissal, as well as a handful of other motions filed by the disgraced TLC alum.
Duggar was arrested back in April when he was charged with possessing and recieving child pornography, which he pleaded not guilty to.
His attorneys filed a motion to dismiss the case on the grounds that the government failed to “preserve potentially exculpatory evidence,” meaning evidence that could potentially exonerate him.
As OK! previously reported, Duggar was seeking dismissal of his case after claiming that the incriminating pornographic images of children found on his work laptop were downloaded by an employee at his used car lot.
“Where the evidence the Government failed to preserve is potentially exculpatory, dismissal is mandated if the Government acted in bad faith in destroying or failing to preserve the potentially exculpatory evidence,” the court documents read.
The attorneys requested in the papers to have the case dismissed, or at least “have an evidentiary hearing to determine what can be determined based on the searches performed and to explore the possibility of alternative remedies.”
The TV personality also filed a motion to have photos of him suppressed in court. The documents claim that photos of his hands and feet were taken while he was in custody back in April.
According to the documents, Duggar’s attorneys claimed that authorities “did not have a warrant which authorized the taking of the photographs.”
The papers also insist that the photos are an “intrusion of personal rights,” and were taken without his lawyer present.
Duggar previously requested that the court postpone his trial date “in or after February 2022,” and while the date was postponed, the court ruled that the request for a continuance until February was “unsupported and would result in unnecessary delay.”
Consequently, the trial has been set for November 30.
He reportedly has unlimited access to his children as long as his wife Anna is present.