Out for lunch break. Duggar’s defense team had 22 objections to the pre-sentence report so we have spent the entire morning hashing those out.
Some Judge Brooks has supported, others not. #NWANews #JoshDuggar
Some Judge Brooks has supported, others not. #NWANews #JoshDuggar
https://twitter.com/annadarlingtv/status/1529452449202937858
Defense first argued to the entirety of the offense conduct section in the PSR, maintaining #JoshDuggar’s innocence and try to their best to preserve their chances of appeal.
Overruled. Not specific enough, no more presumption of innocence since found guilty by jury
Overruled. Not specific enough, no more presumption of innocence since found guilty by jury
Defense tried to argue that while the children in the CSAM are victims, they are not victims of #Duggar because (again) they maintain his innocence.
Overruled. Not factual and (again) no more presumption of innocence.
Overruled. Not factual and (again) no more presumption of innocence.
The court has officially vacated his second count, which was for possession of child pornography, and was the lesser charge. Several things in PSR related to two counts, so several objections to that language were sustained.
Receipt of child porn is the only charge being judged
Receipt of child porn is the only charge being judged
Defense objected to a 2 level enhancement that #Duggar knowingly engaged in distribution of CSAM.
Sustained. A 2016 amendment makes it harder to enhance distribution in peer to peer file sharing. Government didn’t meet burden of proof for this amendment.
Sustained. A 2016 amendment makes it harder to enhance distribution in peer to peer file sharing. Government didn’t meet burden of proof for this amendment.
Defense objected to a 4 level enhancement for sadistic/masochistic conduct. Argued inconsistent testimony in which files were downloaded.
Judge didn’t like this argument calling it “frivolous” saying we have clear evidence of adult rape of children on the computer.
Overruled.
Judge didn’t like this argument calling it “frivolous” saying we have clear evidence of adult rape of children on the computer.
Overruled.
Defense objected 5 level enhancement for pattern of activity of exploitation/abuse of minors.
Argued only prior evidence was from when #Duggar was a child and touched/penetrated minor Jane Does. Never charged/convicted for this. 20 years later we have computer related instance
Argued only prior evidence was from when #Duggar was a child and touched/penetrated minor Jane Does. Never charged/convicted for this. 20 years later we have computer related instance
Prosecution cited several prior cases where similar time gaps existed and the enhancement was still found. They said Bobye Holt’s testimony from when #Duggar was 15 shows pattern of behavior.
Judge overruled the objection.
Judge overruled the objection.
PSR listed 725 known images of CSAM on #Duggar’s computer. You only need 600 to reach a 5 level enhancement.
Defense argued to only 127 images at first, but quickly conceded to the judges note of 7 videos downloaded. Each video = 75 images in eyes of law . 7x75=525 images.
Defense argued to only 127 images at first, but quickly conceded to the judges note of 7 videos downloaded. Each video = 75 images in eyes of law . 7x75=525 images.
76 images from the Marissa series only gets the total up to about 590. Judge couldn’t find hard evidence for remaining images and that number still doesn’t meet the 600.
Sustained with the condition that it’s now a 4 level enhancement.
Sustained with the condition that it’s now a 4 level enhancement.
Rest of objections were either withdrawn or will be dealt with when the Judge deals with release conditions. They have to deal with contact with minors and polygraph tests.
Court resumes at 12:10 CST so I’m heading back in. #JoshDuggar
Court resumes at 12:10 CST so I’m heading back in. #JoshDuggar
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