From the moment that Josh Dugger was found guilty on one count of receiving and one count of possessing child pornography, his legal team, led but Justin Gelfand, has vowed it would continue fighting for the former reality star. This happened the day the trial ended, it happened when they filed for an acquittal, and it’s happening again now that Duggar’s sentencing date is approaching. In fact, the team filed a brand new 27-page document asking for a new trial at the tail end of February, with a new argument.
On February 28th, the firm of Margulis Gelfand, LLC filed a new motion that basically argues “there was no evidence [Duggar] ‘personally’ viewed child sexual abuse material.” This part is an argument the team has tried in the past, but this time around they are looking for a “judgment of acquittal” on both counts Duggar was previously found guilty on. Furthermore, the legal team is requesting a new trial on the grounds Josh Duggar was allegedly “deprived of significant constitutional rights.”
The filing was obtained by local news channel KNWA NBC out of Fayetteville, Arkansas. Their report on the matter also notes that along with the arguments that Duggar may not have actually viewed the child pornography and also allegedly was “deprived” of rights during the investigation, the documents also argue that not getting to call Caleb Williams to the stand during the trial was not a fair shake.
Who is Caleb Williams? And How Does Her Relate To The Duggars?
Caleb Williams was once rumored to be dating Jana Duggar, and lived near the famous Duggar compound. However, in September of last year, the 26-year-old was arrested on charges of “criminal sex abuse” after reportedly abusing a minor between 2015 and 2018. He was later sentenced to 62 days in jail on the charges. The argument from Josh Duggar’s team is that Williams was an “individual who had access to the car lot” and who allegedly, they argued, had access to the passwords on Josh Duggar’s computer. Though it’s worth noting the passwords accessing the child pornography on the computer matched the password Duggar had used for his family Instagram account and his bank account.
The legal team feels Caleb Williams should have “been more meaningfully investigated” before the events in the trial, which were held in December of 2021, with Jury selection happening at the very end of November. Reportedly, they say Williams may have been around the computer at the time child pornography was accessed, also admitting he did have access to passwords on the car lot (via In Touch).
To note, reports have also indicated Josh Duggar’s iPhone 8 was in the car dealership at the same time child pornography was being downloaded. The prosecution’s use of geolocation data during the trial is being called into question by the lawyers along with the Caleb Williams argument. Per the filing (also via KNWA):
Duggar sought to call Williams as a witness because he had the opportunity, the know-how, and the motive to commit the charged offenses—and, depending on his responses to questions posed at trial, Williams’ credibility was readily impeachable. In short, Duggar sought to introduce evidence that Williams may have lied—or been mistaken—about his whereabouts at certain times.
Even if the new trial does not happen, the legal team also noted in its lengthy filing that count 2 in the court case was seen as a “lesser offense” and that the team is hoping to get that count dismissed before Josh Duggar’s sentencing. If that argument plays in court, that could mean significant changes to the amount of fines and jail time the former 19 Kids and Counting star could be facing. His sentencing date has been set for April 5, so we should learn more in just a few weeks.
