Attorneys for disgraced reality television star Josh Duggar from “19 Kids and Counting” requested a new trial Tuesday, alleging federal agents unfairly restrained Duggar during an interrogation.
Duggar is serving a 12.5 year prison sentence for receiving and possessing child pornography, following his December 2021 trial, according to the New York Post. He is serving his sentence in Seagoville, Texas, and has asked the court for a new trial based on allegations that federal agents restrained him and would not allow him to contact his lawyer while he was questioned at his Arkansas car dealership, according to the New York Post. The downloaded child pornography was located on a computer at that location, according to authorities.
— New York Post (@nypost) December 28, 2022
The newly filed court documents allege Department of Homeland Security agents were waiting for Duggar to arrive to his car lot, which was described as being “in the middle of nowhere,” in November 2019 in order to carry out their search warrant. His attorney alleges there was no reason for Duggar to be present to execute the warrant.
Court documents allege Duggar was “surrounded by armed agents wearing ballistic vests, and without access to a vehicle [he] attempted to call his attorney only to have his phone physically taken and was told his attorney would not be allowed on the scene,” according to the New York Post.
The 34-page filing alleged the reality star was then put into a police vehicle with two armed agents.(RELATED: Bella Thorne Slams Hollywood Director Who Accused Her Of Flirting With Him When She Was 10 Years Old)
— New York Post (@nypost) May 5, 2021
“This court should conclude a reasonable person in Duggar’s position would have felt ‘deprived of his freedom of action in any significant way,” Duggars attorneys stated, according to the New York Post.
The appeal stated “the government also contends Duggar was not restrained,” and goes on to say “restraint is about more than being handcuffed,” according to the New York Post.
Duggar’s attorneys claim he had no means to leave without a vehicle.
“He would have effectively had to walk on the shoulder of a rural highway to leave the police-dominated environment,” the attorneys claimed.
The new court documents also put the focus on Duggar’s former co-worker, Caleb Williams, suggesting his involvement wasn’t adequately assessed.
“Duggar was entitled to present evidence that someone else had the motive, opportunity, and knowledge to commit the offenses, and the government’s assertion that no evidence inculpates Williams is inaccurate and misses the mark,” his attorneys said, according to the New York Post.