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As the child sexual assault images case against Josh Duggar continues, lawyers this week are sparring over photographs of the defendant’s hands.
On Sept. 10, the former reality star’s defense filed a motion to suppress photographs of Duggar’s hands that were taken while he was in custody, according to People. Duggar’s attorneys say that authorities took the photos without a warrant — a charge they say violates Duggar’s fourth, fifth, and sixth amendment rights.
This is not the first tactic used by the defense to have the child sexual assault images case against Duggar dropped.
In August, Duggar’s defense team argued that charges should be dismissed on the grounds that former President Donald Trump unlawfully appointed Homeland Security officials, as previously reported. Over the summer, the defense also filed a motion to compel, demanding that federal prosecutors provide more information on the arresting officers. They also filed a request to move the trial to 2022.
Now, the hand photographs taken of Dugger have come into question by his camp.
“What is particularly egregious about [Homeland Security’s] conduct in this capacity is that Duggar’s body parts were manipulated, and he was required to pose for the photographs,” according to the motion cited by People. “By any measure, this constitutes a search and an ‘intrusion on [his] personal rights’ – all without his counsel present – in violation of his Fourth, Fifth, and Sixth Amendment rights.”
The prosecution asked the court to deny the motion, saying, “the defendant is incorrect on all counts,” according to People. They also contended that Duggar voluntarily consented to have his hands photographed.
According to prosecutors, a distinct scar on one of Duggar’s hands links “images recovered from [his] electronic devices.”
Duggar, who previously starred on TLC’s "19 Kids and Counting," was arrested last April. He pleaded not guilty to charges of receiving and possessing child sexual assault images, with images allegedly depicting abuse against children younger than 12 years old.
Homeland Security Special Agent Gerald Faulkner testified at a detention hearing, citing a series allegedly found on Duggar’s computer titled "Daisy’s Destruction," according to USA Today. The content was said to depict the sexual abuse of an 18-month-old.
“All I can say in 11 years of doing this and the thousands and thousands of child pornography images and videos I’ve have unfortunately had to see, the… series ranks in the top five of the worst of the worst that I ever had to examine,” said Faulker, according to People.
A court hearing in Duggar's case is scheduled for Oct. 4.
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