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Josh Duggar wants a judge to block pictures of his feet from being used in his child-pornography trial

Aug 25, 2021, 00:33 IST
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Josh Duggar speaks at the Family Leadership Summit in Ames, Iowa August 9, 2014. Brian Frank/Reuters
  • Josh Duggar's defense team says the feds didn't have a warrant to photograph his hands and feet.
  • The former reality TV star asked a judge to block the pictures from being used at trial.
  • His attorneys said that "Duggar's body parts were manipulated and he was required to pose."
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The former reality TV star Josh Duggar has asked a federal judge to prevent pictures of his hands and feet from being used against him during his upcoming child-pornography trial.

Duggar's defense team filed a motion on Friday asking Judge Timothy Brooks to suppress the pictures, which were taken by authorities during Duggar's April 29 arrest. It's unclear why federal agents took the pictures.

Duggar, formerly of TLC's "19 Kids and Counting," is charged with receiving and possessing child pornography. He has pleaded not guilty to both counts and is set to stand trial in November.

Duggar's lawyers included the photographs, which show the backs of Duggar's hands and his feet in black sneakers, in their motion.

Josh Duggar's defense team says these photos of Duggar's hands and feet were taken without a warrant, and without the presence of Duggar's attorney. United States District Court Western District of Arkansas Fayettevill Division
His attorneys wrote in the motion that the pictures were taken "from atypical angles," and added that their client had been ordered to "position his hands and feet in particular ways."

They said authorities hadn't obtained a warrant to photograph Duggar's body parts, and argued other federal courts have required warrants for photos beyond simple mug shots.

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"Duggar was in custody having just left the presence of his attorney when he self-surrendered as instructed," his lawyers wrote, adding that it was "particularly egregious" that "Duggar's body parts were manipulated and he was required to pose for the photographs."

Duggar's attorneys alleged that the pictures infringed upon their client's Fourth, Fifth, and Sixth Amendment rights.

The former reality star's defense team has been arguing with prosecutors for weeks about various pieces of evidence the government has turned over.

Last week, Duggar scored a small win when the judge ruled that prosecutors would have to work with two Arkansas police departments to obtain possible investigative material that could help Duggar's case.

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