“Duggar asks that this court allow him to return home to his immediate family during the course of this case,” Duggar’s lawyer Justin K. Gelfand written in a nine-page memoir. “The residents of his house are his wife (who is pregnant) and their six children.”
Duggar’s indictment accuses him of receiving and detaining material describing child sexual abuse. Chief Justice of the United States Erin Wiedemann said at a hearing Friday that if she released Duggar, she would probably need a third party custodian in light of the charges against him.
His defense team came up with an alternative arrangement based on the judge’s comments.
“In the alternative and in accordance with the request of Chief Justice Wiedemann at the indictment, Duggar has provided the Charges Office of this Court with the name and contact details of a third party custodian with whom Duggar may reside. », Continues the brief. “No minor children reside in this house. The defense understands that the Bureau of Pre-Trial Services investigated this possibility in lieu of detention. No matter where he resides, Duggar agrees to abide by all release conditions established by this court. “
The judge will hear the prosecution’s motion to keep the 33-year-old reality TV star behind bars on a detention hearing schedule Wednesday afternoon.
Duggar’s attorneys noted that the case against their client began in November 2019, when Homeland Security Investigations searched a car dealership where their client worked.
The defense brief cites the 17 months that have passed since then to advocate for Duggar’s release.
“Since then, Duggar, his wife and six children have continued to reside in the Western District of Arkansas and, through legal counsel, Duggar has maintained an open dialogue with the United States Attorney’s Office in the part of this investigation, ”says the brief. . “The government has allowed Duggar to surrender voluntarily in connection with this case and he has followed his instructions exactly, stressing his commitment to face these charges and to accept and abide by all the conditions of release set by this. court.
In the spring of 2015, Duggar apologized after the publication of reports accusing him of assaulting four of his sisters and a babysitter.
“Twelve years ago, as a young teenager, I acted inexcusably, for which I am extremely sorry and deeply regret. I have hurt other people, including my family and close friends, ”Duggar told People magazine in May 2015, in a poorly detailed statement about his conduct. “I confessed this to my parents, who took several steps to help me cope with the situation.”
USA Today reported later in the year that Duggar touched the breasts and genitals of several girls, often while they were asleep. The newspaper attributed the charge to police files which contained statements that Josh Duggar’s father, Jim Bob Duggar.
Josh Duggar’s lawyers say prosecutors are not alleging assault.
“Indeed, while the crimes of child pornography are unquestionably serious, the indictment certainly does not allege that Duggar personally interacted with a single child and the government would have difficulty identifying how the conditions of liberties set by this Court would not protect the community from crime. conduct ”, their brief statements. “On the contrary, the Court should find that the Government’s decision not to even indict Duggar until 17 months after carrying out the search – 17 months during which Duggar fully complied with the law,” has maintained an open dialogue. with the Government through legal counsel and continued to support his family through legal employment – unambiguously demonstrates that Duggar poses no risk of flight or danger to the community.
Written government documents have not been made public at press time. The detention hearing is scheduled for May 5 at 1:30 p.m. CST.
(Image: Mugshot de Duggar)
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