One month after he was found guilty amid his lengthy court battle, Josh Duggar and his legal team have filed a motion for acquittal.
The 33-year-old was convicted on two counts of receiving and possessing child sexual abuse material in December 2021 after being arrested in Arkansas eight months prior. Documents filed on Wednesday, January 19, and obtained by Us Weekly argue that the former TLC personality should be granted a new trial.
“The evidence elicited at trial does not support a conviction on either count — even in the light most favorable to the Government,” the motion reads. “The Government failed to adduce any evidence that Duggar ‘knew that the visual depictions were of a minor engaging in sexually explicit conduct’ — a necessary element for conviction of each count.”
Duggar’s latest filing claims prosecutors failed to provide “exculpatory evidence” regarding an alleged former employee who “regularly used the desktop computer in the months and weeks leading up to May 2019,” when the political activist is said to have downloaded the inappropriate material that led to his arrest. The motion argues that “law enforcement had failed to meaningfully investigate the possibility that anyone other than Duggar may have committed the crimes charged.”
According to the defense, Duggar’s former colleague Caleb Williams was interviewed weeks before the trial began but was never called to the witness stand. In an email allegedly sent to prosecutors following the interview, Williams claimed he was “completely mistaken” about parts of his testimony.
The 19 Kids and Counting alum’s attorney initially entered a not guilty plea on his behalf following his April 2021 arrest. Duggar has been held in the Washington County Jail since the court declared its verdict last month and has been denied conjugal visits from his wife, Anna Duggar, with whom he shares seven children: children Mackynzie, 11, Michael, 10, Marcus, 8, Meredith, 6, Mason, 4, Maryella, 2, and Madyson, 2 months.
Several of Josh’s siblings attended his week-long trial and issued strongly worded statements after he was found guilty.
“Today was difficult for our family,” Jill Duggar and her husband, Derick Dillard, wrote via their family blog in December 2021. “Our hearts go out to the victims of child abuse or any kind of exploitation. We are thankful for the hard work of law enforcement, including investigators, forensic analysts, prosecutors and all others involved who save kids and hold accountable those responsible for their abuse.”
The couple continued: “Nobody is above the law. It applies equally to everybody, no matter your wealth, status, associations, gender, race, or any other factor. Today, the people of the Western District of Arkansas made that clear in their verdict. As a Christian, we believe we are all equal at the foot of the cross, and, likewise, we are all equal under the law.
Jim Bob and Michelle Duggar, who share Josh and Jill, 30, along with 17 other children, later reflected on the “grievous” trial in a statement to Us, thanking fans for their “love and prayers” throughout their family’s difficult time.
“As parents, we will never stop praying for Joshua, and loving him, as we do all of our children,” the pair added last month.
The couple’s eldest son previously made headlines in 2015 when he was accused of sexually assaulting multiple underage girls — some of whom were his sisters — when he was 14 and 15 years old. At the time, TLC pulled 19 Kids and Counting off the air, but the family returned for the spinoff Counting On. (Josh and Anna, 33, did not appear on the follow-up series.)
In June 2021, the network confirmed that it cut ties with the Duggars. “TLC will not be producing additional seasons of Counting On,” a statement to Us read. “TLC feels it is important to give the Duggar family the opportunity to address their situation privately.”
If you or anyone you know has been sexually abused, call the National Sexual Assault Hotline at 1-800-656-HOPE (4673). A trained staff member will provide confidential, judgment-free support as well as local resources to assist in healing, recovering and more.
