Prosecutors in Josh Duggar’s child porn case say his attorneys are on a ‘fishing expedition’ for additional info

Local News

"The defendant's claim that 2 other officers participated in the investigation is incorrect."

Washington County Detention Center photo, Josh Duggar. 4.29.2021.

FAYETTEVILLE, Ark. (KNWA/KFTA) — Federal prosecutors filed a motion in response to Joshua Duggar’s attorney’s request for additional information in the child porn case, they are asking for the judge to deny that motion.

In late July, the defense filed a “motion to compel” requesting more discovery information from the state regarding two of the Little Rock police officers involved in the investigation. Duggar’s attorney Justin Gelfand accused prosecutors of withholding material.

On page 2, of the 19-page court filing, Department of Homeland Security Investigations (HSI) Special Agent Gerald Faulkner stated that the search warrant for Wholesale Motorcars, 14969 Wildcat Creek Road, Springdale, “does not include all of the information known to me as part of this investigation, but only information sufficient to establish probable cause for the requested search warrant.”

Faulkner described the internet and how it has allowed for disseminating and sharing child pornography through various networks and websites, for example, Peer to Peer Network (P2P), BitTorrent network, and in turn law enforcement “receives information from ‘Trakers’ about peers/clients on the BitTorrent network recently reporting that they are involved in sharing digital files of known or suspected child pornography,” according to the court document. The affidavit was signed on November 4, 2019, by U.S. Magistrate Judge Erin L. Wiedemann.

On August 9, 2021, U.S. Attorney for the Western District of Arkansas Dustin Roberts filed a response to the defendant’s “motion to compel.” In the 15-page document regarding the investigation involving the “sharing child sexual abuse material (CSAM) over peer-to-peer networks, the case is straight-forward.”

The state contends that all “comprehensive discovery,” including all relevant logs, associated with Little Rock Detective Amber Kalmer’s undercover downloads, in the search warrant affidavit, and in the HSI Faulkner’s testimony, has been provided.

The prosecutors stated that other officers who downloaded CSAM from the user of the defendant’s IP address … played no part in the investigation of this case and did not provide the prosecution team with any materials related to their activity. It further states, “The government has complied with and will continue to comply with all pertinent discovery obligations.”

On July 26, in a motion to compel, the defense stated that, in addition to Kalmer, two other Arkansas officers were involved in downloading information from the computer at the Springdale wholesale car lot where Dugger worked. But, prosecutors state, “the defendant seeks material that does not exist. And with respect to the screenshot and the other officers’ downloads, he [Gelfand, et al] incorrectly asserts that the U.S. has already conceded that the information he now seeks is discoverable based on a strained reading of prior communications … and his mistaken assumption that the other officers are members of the prosecution team.”

A grand jury returned a two-count indictment charging Duggar with receipt of child pornography and possession of child pornography. He pleaded not guilty to both counts.

The trial is scheduled for November 30, 2021, it was originally scheduled for July 6, but the defendant motioned for an extension of the case.

The Springdale resident, 33, is charged with one count of receiving child pornography and one count of possessing child pornography. Duggar’s jury trial is set for Nov. 30, 2021. If convicted on both counts he could serve up to 40 years in prison and a $500,000 fine.

Copyright 2021 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Trending Stories