Josh Duggar’s judge DENIES his request to dismiss child pornography case as pregnant wife Anna supports him in court

JOSH Duggar’s judge has denied the disgraced star’s request to dismiss his child pornography case, as his pregnant wife Anna stood by his side in court. 

Josh, 33, appeared in Arkansas court on Monday for a hearing regarding a series of motions, including his request to dismiss the child pornography case entirely. 

The Celeb Report can exclusively reveal the judge “denied” his request to throw out the case. 

Attorneys for the disgraced 19 Kids and Counting star first filed a motion to dismiss the case because the government allegedly failed to “preserve potentially exculpatory evidence,” which is evidence favorable to a defendant that could exonerate him of the crime. 

The court papers claimed certain people had access to Josh’s used car lot Wholesale Motorcars’ wireless internet. 

Though law enforcement searched the witnesses’ devices, they allegedly “failed to preserve any evidence obtained during these searches.”

The first witness interviewed on December 16, 2019 is described as a “person of interest.”

The court papers read: “Witness #1 admitted to investigators he worked at the Car Lot at various times and that, on several occasions, he even stayed at the Car Lot overnight without Duggar’s knowledge or permission. 

“Witness #1 admitted to viewing adult pornography through websites he accessed through the internet on his cellular phone and, when asked by these federal agents, denied viewing child pornography.”

The witness’ cell phone was searched and no child pornography was found. 

Authorities “preserved no evidence whatsoever from the search of Witness #1’s phone including its contents and metadata,” according to court papers.

The court docs then mention two more witnesses whose devices were examined. 

The court papers continued: “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.”

Seeing the evidence is crucial for the defense, as they said of one example “the devices may have contained content as to whether these devices had any relevant internet search history, any evidence associated with the so-called ‘dark web’ and/or the Bit Torrent network, any metadata that might pinpoint the whereabouts of the devices at various dates and times, and the list goes on.”

The evidence could have “been searched by people with ‘expert skill’ in ‘a properly controlled environment,’” just as Josh’s devices were. 

They asked to dismiss the case and at minimum “have an evidentiary hearing to determine what can be determined based on the searches performed and to explore the possibility of alternative remedies.”

Josh’s motion to have photos of his hands and feet be suppressed in court was also denied. 

Josh’s attorneys claimed authorities “did not have a warrant which authorized the taking of the photographs” and that they were taken without his lawyer present. 

The court filing provided the three images taken while Josh was in custody on April 29, 2021. 

In the photos, Josh has his hands stretched out over his feet, as the pictures are taken from an angle above him. 

The court papers argued that law enforcement “must obtain a warrant which permits photographing a defendant’s body parts (other than a simple booking photograph) and to permit requiring a defendant to pose in a particular manner for these types of photographs.

They called it “egregious” that Josh’s body parts were “manipulated and he was required to pose for the photographs.”

Josh’s team called the photographs an “intrusion on [his] personal rights” and ask they be removed from evidence. 

Josh’s motions to Suppress Statements and Request for Evidentiary Hearing, and Dismiss Indictment for Violation of the Appointments Clause were also denied. 

Jim Bob and Michelle’s oldest child was arrested and charged with possessing and receiving child pornography in April. 

Josh pleaded not guilty to the two child pornography counts. 

Josh requested the court postpone his July trial date “in or after February 2022.”

The trial has been reset to November 30 and has the potential to last until December 3. 

The former 19 Kids and Counting star is currently on home confinement until his trial and is living with third party custodians LaCount and Maria Reber, who are longtime friends of Jim Bob and Michelle. 

Josh is residing in a massive mansion in Elkins, Arkansas with the Reber family. 

The Arkansas judge on the case ordered Josh to wear a GPS ankle monitor.

Josh’s wife Anna, who is pregnant with their seventh child and due in the fall, is standing by her husband. 

Josh has unlimited access to his children with Anna present.

The family’s reality show Counting On, which Josh has not appeared on, was canceled in light of the scandal.