After everything we’ve heard about his heinous crime, it’s almost impossible to imagine that Josh Duggar could ever be freed and released from prison.
But believe it or not, there is a possibility that sex offenders are confident they can go home with their wives and seven children.
Josh’s appeal process was recently underway, with lawyers from both sides presenting their arguments to a three-judge panel.
The decision has not been made public, but it seems that at least one of the judges felt that Josh was denied his civil rights while being investigated by the government for his crimes.
Agents who raided Josh’s workplace seized his cell phone to search for child sexual abuse material (CSAM).
Josh’s lawyer, Justin Gelfand, insisted that he had no right to contact an attorney.
“[Duggar] took the phone, put it to his ear … for the purpose of contacting legal counsel,” Gelfand said in court.
“Federal agents physically took the phone out of his hand and prevented him from communicating with legal counsel,” Gelfand said.
“He was told he was free to go. No one in his right mind at the time would have believed that.”
When the judge asked if Josh could walk somewhere to call, Gelfand said:
“This lot is only accessible by a highway with no sidewalks, it’s in the middle of nowhere. It’s nowhere.”
Gelfand continued: “The vehicle he entered was searched, he was not allowed to enter. The keys to the other vehicle in the car lot are in the office. He will not be allowed to enter without an escort.”
“Mr. Duggar was not detained during the search of the used car… Mr. Duggar was told repeatedly that he was not being detained and was free to leave,” said Justice Department attorney Joshua K. Handell.
“He said his wife is pregnant and expecting soon. He may have to leave so he can contact her. The agent said it’s fine,” Handell said.
“Mr. Duggar did not leave the scene at the chosen time and without arrest… Mr. Duggar voluntarily ended the interview. He was not arrested until a year and a half later.
“I’m a little worried … The agent knows he’s trying to call his counsel. It seems like the only way to do it,” the judge said after hearing both sides of the case.
“I’m concerned when someone tries to contact a counselor… and can’t call a counselor because there’s no alternative way to do it. I’ve never seen that before.”
“It is not clear if there is another way to contact the counselor. One of the employees had a cell phone that was not seized by the officer,” Handell said.
“The agent can say, ‘Use my phone to contact your attorney,'” Gelfand said.
In addition to the claim that Duggar “was interrogated outside of her attorney’s office after law enforcement took the phone out of her hand when she tried to contact her counsel,” Gelfand made several other arguments to overturn the outcome of the first hearing. .
the Arkansas district court “applied a test that the US Supreme Court has determined is unconstitutional,” thereby “denying Mr. Duggar the opportunity to present a full defense.”
Gelfand said the defense is “trying to get testimony” from Caleb Williams, a friend of the Duggar family who is said to have framed Josh for his crimes.
Gelfand claims that the judge would have only allowed the defense to ask Williams where on the day of the question, nothing more.
“The district court expressly said that we could call Mr. Williams for limited purposes,” he replied.
“We can ask if he has any knowledge or recollection of being in the lottery between May 13 and May 16, and whether he entered.”
Finally, Gelfand argued that the lower court “erroneously introduced expert testimony as lay testimony.”
The testimony, he said, involved “a critical issue in the case,” specifically EXIF metadata collected from digital photographs introduced as evidence.
Legal experts say Josh’s team is still fighting.
But there is a possibility that the facts that have been denounced may soon return to the court for a new trial.