Duggar, who appeared in TLC’s “19 Children and Counting,” was charged in April with two counts of downloading and possessing baby pornography. The 33-year-old faces as much as 20 years in jail and fines of as much as $250,000 on every rely if convicted. The previous TV star has pleaded not responsible.
In line with a neighborhood KNWA reporter on the scene, Choose Timothy L. Brooks ordered an evidentiary hearing with witnesses to happen on November 29, which is simply someday earlier than his trial is scheduled to start.
At some point earlier than Duggar’s court docket look on Thursday, Choose Brooks dominated on a number of motions filed by each side within the case. Per the Nov. 17 submitting, Duggar acquired a small victory when Brooks denied the prosecution’s movement to permit a press release Duggar made on Fb in 2015 during which he admitted to his pornography dependancy as proof.
The choose did observe, nonetheless, that if Duggar “takes the stand and testifies that he didn’t view grownup pornography or was not hooked on pornography, or if he in any other case contradicts any assertion he made within the social media publish in 2015, the Authorities might search to depart to introduce the assertion to question his credibility.”
The choose additionally denied the prosecution’s movement of asking the court docket to bar Duggar from suggesting to the jury that another person might need dedicated the crimes. “It’s the Authorities’s burden to show that Defendant dedicated the crimes set forth within the indictment past an inexpensive doubt, and Defendant is entitled to create affordable doubt within the jury’s minds by pointing the finger at others who might have presumably dedicated the crimes,” the submitting states.
By way of a movement about sequestering witnesses, Choose Brooks dominated that “any witness who has testified – together with the Authorities’s designated case agent sitting at counsel desk – is prohibited from discussing the substance or his or her personal testimony with any witness who has not but testified and been formally excused from their obligations as a witness. Defendant and his witnesses might be topic to the identical sequestration rule.”
He additionally famous that “the Court docket’s rule doesn’t restrict counsel from conferring with their very own witnesses and making ready them to testify.”
The choose additionally weighed in on Duggar’s movement that requested the court docket to ban the federal government from sharing at trial that he refused to reply inquiries to him posed by legislation enforcement throughout an interview on Nov. 8, 2019. Duggar’s authorized staff basically needs to exclude 10 separate statements he made invoking his Fifth Modification proper to stay silent. Brooks granted the movement with the instruction that the court docket “request a sidebar and make its argument exterior of the presence of the jury” if the necessity arises.
TLC pulled “19 Children and Counting” in 2015 over revelations that Duggar had molested four of his sisters and a babysitter. Duggar’s dad and mom stated he confessed to the fondling and apologized.
Duggar has additionally apologized for his pornography addiction and for cheating on his wife.
His jury trial is scheduled for Nov. 30.
The Related Press contributed to this report.