Josh Duggar charged with Receipt/Possession Child Sexual Abuse Material, 29 April 2021 *guilty* #3

[Peppery]

Thread #1
Thread #2
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Josh Duggar Arrested, Being Held in Jail in Arkansas

Josh Duggar has been arrested and is being held without bond in an Arkansas jail.

The former 19 Kids and Counting star was taken into custody by the U.S. Marshals Service on Thursday. Online jail records do not indicate what charges he was arrested on when he was booked


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I hope this is not SA related again

 

[Tiff23fr]

Mod Note:
I know this is an emotionally charged thread, but please keep in mind the thread is about Josh and his actions. Posts that continue to discuss family members that have not been named as a POI in this case will be removed.

A reminder of the rules can be found below. The Rules

VICTIM FRIENDLY

Websleuths is a victim friendly forum. Attacking or bashing a victim is not allowed. Discussing known victim behavior, good or bad is fine, but do so in a civil and constructive way, and only when such behavior is known to be relevant to the case.

The "victim friendly" rule extends to the family members of victims and suspects. Sleuthing family members, friends, and others who have not been designated as suspects is not allowed. Don't make random accusations, suggest their involvement, nor bash and attack them. Posting their personal information, including names, addresses, and background data -- even if it is public -- is not allowed. That does not mean, however, that statements made by family members and other third parties cannot come into discussion as the facts of the case are reported in the media.

 

[Tiff23fr]

Mod Note and Friendly Reminder:

-Stick to Josh and HIS Actions
-No bashing family members not named as a POI in this case
-Cease the religion specific references and/or blaming
-No links to gossip tabloids

 

[LadyL]

I can't read too many posts in these threads without getting triggered. And there's some things I just do not want to know about. So I have a question but I can't stand to read any more to try and find the answer so if someone could just let me know, that'd be great. I understand that Jill and Jed are to be witnesses but are they defense or prosecution witnesses? TIA.

 

[Zella]

I can't read too many posts in these threads without getting triggered. And there's some things I just do not want to know about. So I have a question but I can't stand to read any more to try and find the answer so if someone could just let me know, that'd be great. I understand that Jill and Jed are to be witnesses but are they defense or prosecution witnesses? TIA.

Nobody actually knows at this point. They've just been reported as on the witness list during juror selection. It was not specified which side they were testifying for.

Jill and Jedidiah Duggar Included on Potential Witness List in Josh Duggar's Child *advertiser censored* Trial

 

[gitana1]

I saw conversation in the last thread regarding the feds being able to bring up prior bad acts of Josh’s in this CSAM case.

I was surprised that prior bad acts could come out in this case. And it is not mostly for sentencing purposes. It is to also show that he has a propensity for this stuff! B it the law allows it, apparently. I quoted @sds71’s post as follows:



Rule 414(a) provides that “in a criminal case in which a defendant is accused of child molestation, the court may admit evidence that the defendant committed any other child molestation.” The Rule defines “child molestation” as “a crime under federal law or under state law” and involving, as pertinent here, “any conduct prohibited by 18 U.S.C. chapter 110” or “contact between any part of the defendant’s body—or an object—and a child’s genitals or anus.” Fed. R. Evid. 414(d)(2)(B) & (D).
Defendant is charged with two child *advertiser censored* offenses prohibited by 18 U.S.C. chapter 110, namely, 18 U.S.C. § 2252A(a)(2) and (b)(1) and 18 U.S.C. § 2252A(a)(5)(B) and (b)(2). Defendant is therefore “accused of child molestation” as defined by Rule 414. The Government asserts that it can prove by a preponderance of the evidence that in 2002 or 2003, Defendant committed the crime of sexual assault in the second degree as defined by Arkansas Code § 5-14-125—though he was not charged with any crime. His victims were all under the age of twelve, and he was approximately fourteen or fifteen years old at the time. Under Arkansas law, an individual is guilty of sexual assault in the second degree if that person engages in “sexual contact”—defined as “[a]n act of sexual gratification involving the touching, directly or through the clothing, of the sex organs”— with another person who is less than fourteen years of age and not the person’s spouse. Ark. Code Ann. §§ 5-14-101(12)(A) and 125(5)(A).

According to the Eighth Circuit, “when a criminal defendant is accused of child molestation—including child-*advertiser censored* crimes under 18 U.S.C. chapter 110—the court may admit evidence that the defendant committed any other child molestation.” United States v. Splettstoeszer, 956 F.3d 545, 547 (8th Cir. 2020) (internal quotation marks and citation omitted). The prior acts do not have to be identical to the current charges to be admissible. Indeed, the Eighth Circuit has held that hands-on child-molestation offenses are relevant to show a defendant’s propensity to commit child *advertiser censored* crimes.
Josh Duggar charged with Receipt/Possession Child Sexual Abuse Material, 29 April 2021 #2

@sds71’s original post:

Josh Duggar charged with Receipt/Possession Child Sexual Abuse Material, 29 April 2021 #2

 

[Knox]

Thanks @gitana1 !

From @Zella's link- According to JBD's quoted testimony from 11/29; the admission from JD to his parents, was he only touched breasts and they never woke up. I daresay Jill will have more details to add. I applaud her courage to testify, even without knowing content.

Josh Duggar Child *advertiser censored* Case: Jim Bob Subpoenaed to Testify About Son's Past Molestation Scandal

 

[Shamrock1]

I believe I posted several times opining that molestation stays out, based upon the admissibility of prior bad acts in general. Happy to learn that there are several cases admitting prior molestation to show propensity in CSAM cases. The Order is a great read and nicely addresses issues such as length of time between act and CSAM, the fact that molestation and CSAM are different things, and whether a conviction is required. You can view the cases cited in the Order for free on Google Scholar. (I don’t think you can Shepardize as easily on Scholar as with a paid service like West, but that may have changed).

 

[RickshawFan]

Is there trial today?

 

[sds71]

Is there trial today?

Yes
8:30 start time

• A MINUTE AGO
  PROSECUTION CALLS CLINT BRANHAM
  
  This morning, prosecutor Dustin Roberts called Clint Branham, who is a technical cyber security worker.
  
  He said he and Josh Duggar ran in the same circles and that they would discuss technology and politics.
  
  He described Josh as "more advanced" than an average tech user, and that he thought Josh would be comfortable installing his own computer programs.
  

 

[sds71]

— On the first morning of the second week of Josh Duggar’s child *advertiser censored* trial in Fayetteville, Arkansas a close family friend that has known the Duggars since before Josh was born took the stand for the prosecution.

Fighting back tears, Bobye Holt testified about a 2003 conversation in which Duggar confessed to molesting multiple minor girls.


Before Holt took the stand, her husband, Jim Holt, was called. He detailed a conversation he was a part of in 2010 involving Duggar and another witness.

During that conversation, Duggar asked about how to install a Linux partition on a computer.

The prosecution rests, and the defense has begun calling their witnesses, beginning with an Arizona-based digital forensics expert.
Josh Duggar trial day 4: Duggar confessed to molesting children, says close family friend under oath

 

[jessarox]

Interesting that the prosecution rests...they didn't call the jail cellmate or Josh's sister. I sincerely hope that she isn't being called for the defense.

 

[gitana1]

I believe I posted several times opining that molestation stays out, based upon the admissibility of prior bad acts in general. Happy to learn that there are several cases admitting prior molestation to show propensity in CSAM cases. The Order is a great read and nicely addresses issues such as length of time between act and CSAM, the fact that molestation and CSAM are different things, and whether a conviction is required. You can view the cases cited in the Order for free on Google Scholar. (I don’t think you can Shepardize as easily on Scholar as with a paid service like West, but that may have changed).

I would’ve said exactly the same thing. It was a surprise to find out these acts can come in!

 

[RickshawFan]

Yes
8:30 start time

• A MINUTE AGO
  PROSECUTION CALLS CLINT BRANHAM
  
  This morning, prosecutor Dustin Roberts called Clint Branham, who is a technical cyber security worker.
  
  He said he and Josh Duggar ran in the same circles and that they would discuss technology and politics.
  
  He described Josh as "more advanced" than an average tech user, and that he thought Josh would be comfortable installing his own computer programs.

I'll bet Josh only learned how to do this advanced tech stuff so he could access illicit materials, and he's been doing this for 20 years or so. He doesn't seem to be the type to be into it for geeky nerdy interests as a teenager. IMO, his interest was purpose-driven, and the purpose was illegal.

 

[jessarox]

I'll bet Josh only learned how to do this advanced tech stuff so he could access illicit materials, and he's been doing this for 20 years or so. He doesn't seem to be the type to be into it for geeky nerdy interests as a teenager. IMO, his interest was purpose-driven, and the purpose was illegal.

Josh has always been tech savvy. He (and some of his brothers IIRC) was really into video editing when 19 Kids and Counting was on the air. When the family built their giant house, they put a tech studio just off the boys' bedroom.

I definitely agree that he wanted to know some of these things for illicit activities though. At the very least he wanted to visit websites that only adults should visit but his parents' internet filtering software prevented that.

 

[RickshawFan]

Josh has always been tech savvy. He (and some of his brothers IIRC) was really into video editing when 19 Kids and Counting was on the air. When the family built their giant house, they put a tech studio just off the boys' bedroom.

I definitely agree that he wanted to know some of these things for illicit activities though. At the very least he wanted to visit websites that only adults should visit but his parents' internet filtering software prevented that.

It figures tech would be off the boys' bedroom and not the girls'.
The thing is, video editing is a different category IMO than partitioning hard drives: one is about designing a product, and the other is tinkering with the inner workings of how computers are put together.
Also, it seems as though the folks that could testify to his interest in the back end of computers are not his family. I'll bet he hid it from them, and was doing stuff other than on his home computers.

Awful thought....I wonder if Josh was using his video editing skills to film.....

 

[mickey2942]

Interesting that the prosecution rests...they didn't call the jail cellmate or Josh's sister. I sincerely hope that she isn't being called for the defense.

That is interesting. She can always be used as a rebuttal witness.

Maybe, she was on the witness list, to discount anything JB Duggar was going to say (minimize). But since he was determined to not be credible, his testimony was not used. So, Jill did not have to say anything.

Which is good, that would have been extremely stressful for her. I doubt she is a prosecution witness.

 

[jessarox]

That is interesting. She can always be used as a rebuttal witness.

Maybe, she was on the witness list, to discount anything JB Duggar was going to say (minimize). But since he was determined to not be credible, his testimony was not used. So, Jill did not have to say anything.

That is a good point I hadn't thought of! I'm hoping she doesn't have to testify at all, it has to be difficult to face your abuser.

 

[sds71]

Judge Brooks instructed the jury that Duggar is not being tried for Child Molestation in this case, he is only facing charges of possessing and receiving child *advertiser censored*, but would allow the testimony to stand to help set up a motive for those charges.

Brooks said if the jury is not unanimous that the events described in the testimony occurred, then they must not use the information shared when making their decision.

Joshua Duggar trial enters week two

 

[LadyL]

— On the first morning of the second week of Josh Duggar’s child *advertiser censored* trial in Fayetteville, Arkansas a close family friend that has known the Duggars since before Josh was born took the stand for the prosecution.

Fighting back tears, Bobye Holt testified about a 2003 conversation in which Duggar confessed to molesting multiple minor girls.


Before Holt took the stand, her husband, Jim Holt, was called. He detailed a conversation he was a part of in 2010 involving Duggar and another witness.

During that conversation, Duggar asked about how to install a Linux partition on a computer.

The prosecution rests, and the defense has begun calling their witnesses, beginning with an Arizona-based digital forensics expert.
Josh Duggar trial day 4: Duggar confessed to molesting children, says close family friend under oath

someone remembers a conversation about computer from 11 years ago? interesting