It was March 30, 2003, andJosh Duggar— not for the first time — had something to confess.
Josh, 33, has pleaded not guilty and vowed to"fight back in the courtroom."
In court papers, Josh’s attorneys have suggested several other people also had access to the computer at his work where the material was found but that police didn’t sufficiently investigate.
Monday’s three-hour hearing, in court in Arkansas, turned on what may be a key matter at his trial later this week: whether or not the judgeshould admit evidencethat Josh previously committed child molestation. While his defense maintains that Monday’s testimony about his actions two decades ago was not definitive, the only major factual dispute at the hearing was about the extent of his conduct and not whether any molestation occurred.
Josh acknowledged to PEOPLE ina statement at the timethat “as a young teenager, I acted inexcusably for which I am extremely sorry and deeply regret. I hurt others, including my family and close friends …. I would do anything to go back to those teen years and take different actions. I sought forgiveness from those I had wronged and asked Christ to forgive me and come into my life.”
But none of that, his defense insists, should be relevant today.
“Let’s have a trial about what actually happened in May of 2019,” Justin Gelfand urged the judge, contending that the prosecution had “a lot of mountains” to climb in proving the admissibility of Josh’s past conduct to help them convict.
Gelfand conceded that the testimony on Monday largely agreed on what Josh did to the minor girls (referred to as Jane Does one through four) when he was a teenager. But Gelfand argued that the prosecution was so far relying only on a sole witness to prove Josh had digitally penetrated one of the girls' genitals — the most serious conduct described in court so far.
Josh Duggar in 2014.D Dipasupil/Getty
Gelfand said religious liberty existed to protect certain disclosures in certain contexts — and “this is theepitomeof those conversations.”
The matter remains pending before Judge Timothy L. Brooks, who questioned Gelfand about where such a privilege would begin and end, including in the context of mandatory reporting laws about child abuse.
Prosecutors, for their part, called the testimony damning: “as close to a formal admission of guilt in a courtroom setting as you can get,” William Clayman told the judge.
Here is how the day unfolded. (Josh’s wife,Anna Duggar, watched from the front row.)
Josh Duggar.Washington county arkansas
The Duggars' Best Friend Speaks
The Holts' oldest daughter dated Josh for several months, in 2002 and 2003, though their relationship was chaperoned and more emotional than physical, in keeping with the families' custom. They all hoped, one day, the two might marry.
As a pattern of behavior, she said, “From when he told me … it started at [age] 12 until March 30, 2003.”
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Josh (left) and Jim Bob Duggar.Patsy Lynch/Shutterstock; Brendan Hoffman/Getty Images
Jim Bob Takes the Stand
Early in his testimony, Jim Bob quickly took issue with the prosecution bringing upIn Touchobtaining the 2006 police report. “This was something for a young man to come forward,” he said, insisting it was a “juvenile record” and a “sealed case.” (Local authorities have saidthey were obligedto release the redacted police report afterIn Touchmade a freedom of information request.)
Jim Bob said that around 2002, Josh did come to him and Michelle about inappropriate touching of a minor. “We were shocked this had happened,” Jim Bob said, “but we were thankful he came on his own and told us.”
“He had told me that he had touched some of the girls when they were sleeping on their breasts … they didn’t wake up,” said Jim Bob, who clarified that he didn’t remember Josh’s wording. But, the Duggar patriarch said, he and his wife Michelle took action in their home after that and believed Josh had behaved inappropriately.
He also confirmed in his testimony that problems continued: “There was, yes, an incident that he told us about … after the first incident.”
In 2003, Jim Bob said, an incident made them send Josh from their home.
“We tried to handle things in house,” he said, continuing, “It was a very difficult time in our family’s life.” He did not elaborate further in his testimony.
Josh, he insisted, “had crossed some line right at that age of curiosity, at 14, your hormones are kicking in.”
But they had taken steps to address the issues, Jim Bob said: “We did even take Josh to the Arkansas State Police on the recommendation of Jim Holt. … Josh confessed everything to Arkansas State Police.”
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Josh and Anna Duggars' family; inset: his mugshot.Instagram; Inset: Courtesy Washington county arkansas
The police report from that period shows that the investigation actually began another way, after an anonymous tip toOprah Winfrey’s show ahead of a scheduled Duggar appearance. The report shows that Josh also spent three months, from March to May 2003, ina controversial treatment programand, in 2004, gota “stern” lecturefrom a state trooper, whom Jim Bob knew. (Charges from the 2006 investigation were never brought as the statute of limitations had expired.)
On the stand, however, Jim Bob said he couldn’t recall many of the details. And when prosecutor Carly Marshall brought him the police report — apparently still watermarked withIn Touch’s logo — he complained about the tabloid connection.
“I’m not gonna allow it. Are you gonna allow for that?” Jim Bob asked the judge with his hands raised as the judge reminded him, “If there is [an] objection to be made, someone will make it but it won’t be you.”
Still, Jim Bob said, “For you guys to use a tabloid to bring it back up is very unprofessional.”
The judge offered some sympathy: “Mr. Duggar, I recognize this is perhaps a very unfair position that you’re placed in and I appreciate that.”
But the judge told him, “This is not a debate.”
“I’m not a male chauvinist,” Jim Bob said. “My wife is wiser than I am.”
Jury selection in Josh’s trial begins Tuesday. He is freed on bail,with restrictions.
source: people.com
