JOSH Duggar was caught smiling in front of his computer at his messy car lot office where he viewed child pornography in never-before-seen photos.
Josh, 33, was found guilty of possessing and receiving child pornography on December 9 after a nearly two-week trial.
At trial, prosecutors were able to prove to the jury that Josh was at his used car lot, Wholesale Motorcars, during the dates and times child pornography was downloaded to his HP desktop computer in May 2019.
The Sun can reveal exclusive never-before-seen photos of Josh sitting inside his used car lot office.
In one photo, Josh is sitting at his messy desk and using his Mac laptop, as he is smiling at the screen.
In the right-hand corner of the photo is the HP Desktop, where photos and videos of sexual abuse material were downloaded or attempted to be downloaded.
Another photo shows a car camera on the desk.
The photos were taken in 2018 and were included in exhibits in the court case.
At trial, prosecutors presented damning evidence from Josh’s HP computer, which they argued had a password-protected linux partition to split the computer and access to the dark web
It was revealed that one file name found on his HP desktop computer was of a video of a “3-month-old being sexually abused.”
One folder contained 65 thumbnail files of an underage girl.
The jury was shown the images and videos prosecutors claim were found on his computer.
Prosecutor William Clayman provided alleged texts and photos taken on Josh’s phone at the car lot to show he was there at the same time child pornography content was downloaded at Wholesale Motorcars.
Josh’s legal team described his office as a “fishbowl” at trial because of the windows, attempting to show how difficult it would’ve been for him to view the images without being spotted by a worker or customer.
The Sun previously reported Josh’s legal team filed a motion for an acquittal of the guilty verdict.
In the alternative, the court papers also request a new trial.
If both are denied by the court, his legal team is asking to dismiss count 2, which is the possession of child pornography charge.
The court papers claimed regarding an acquittal that the Government “failed to adduce any evidence that Duggar ‘knew that the visual depictions were of a minor engaging in sexually explicit conduct’—a necessary element for conviction of each count.
“The evidence at trial established that certain files allegedly found on the HP desktop computer were never viewed by any user of the computer and that all the files at issue had been deleted shortly after being downloaded.
“The jury had no evidence that Duggar personally viewed any specific portion of any of the files allegedly found on the computer.”
In regards to a potential new trial, Josh’s legal team argued the Government failed to timely present exculpatory evidence, which can create reasonable doubt for the defendant, and that they were unable to call Wholesale Motorcars worker Caleb Williams.
The documents claimed Caleb had access to the car lot and desktop computer, where the child pornography was downloaded, at “relevant time periods” and that law enforcement “failed to meaningfully investigate the possibility that anyone other than Duggar may have committed the crimes charged.”
The team claimed Caleb regularly used the computer in the month and weeks leading up to the May 2019, when photos and videos of child sex abuse materials were downloaded.
The documents claim the Government “disregarded” this evidence.
They claimed Caleb contacted the Government on multiple occasions in advance of the trial.
He allegedly wrote to prosecutor William Clayman: “I was completely mistaken about not being at the Wholesale Motorcars lot during the time I was in Arkansas (AR) between May 8, 2019 – May 11, 2019. I do not know if I was on the lot computer or even if I ended up going there.
“It looks like during my time there, I did odd work for the guys and maybe even Josh Duggar. In the messages between Josh Duggar and I, while I was in AR, as attached in one of these screenshots I am providing, I tell Josh I was planning to come to the lot a couple of days. I apologize for the mistake; I had no intention to mislead you all.”
He claimed he may have been there May 11, 2019, the date the Linux partition was downloaded.
Josh’s legal team describes this information as “critical,” as the Government tried to prove at trial that only Josh had the password to the partition.
They claimed prosecutors “hid the ball from the defense” and waited five days to to present the evidence.
The court papers read: “Had the defense possessed this information when it became available, it would have meaningfully affected trial strategy and provided additional fodder for cross examination of Government witnesses.”
They also argued that the Government “failed to turn over exhibits created by the Government’s expert witness, James Fottrell in advance of trial.”
At trial, Josh’s lawyer Justin Gelfand argued the exhibits were created after their forensics expert took the stand, though James insisted they were created before trial.
The team also claimed the expert witness testified about “geolocation” despite the fact that that he was allegedly “unqualified.”
At trial, the expert used geolocation to place Duggar at the car lot at certain dates and times the child pornography was downloaded.
The court papers read James has “no knowledge about how geolocation, EXIF data, or GPS coordinates work”
The documents then requested an alternative to dismiss the possession of child pornography charge, which is the lesser offense.
When the jury handed over the guilty verdict, Josh was immediately handcuffed and taken into custody at Washington County Jail, where he was placed in solitary confinement away from other prisoners for his safety until his sentencing.
He faces 20 years in prison for each of the two counts.
Josh was arrested and charged with possessing and receiving child pornography in April 2021.
If you or someone you know is affected by any of the issues raised in this story, call RAINN (Rape, Abuse, & Incest National Network) at 800-656-HOPE (4673).
