What We Know About Josh Duggar's Appeal For A New Trial

Attorneys for Josh Duggar appealed for a new trial due to lack of evidence, per the Daily Mail. A month after Duggar was found guilty and convicted of possessing and receiving child porn, the new motion by the court claims that the government failed to find proof that the former reality star knew he was looking at child porn. The new court documents claim, "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 new motion was not a surprise, as the oldest Duggar son's attorneys vowed to appeal the guilty verdict.

After Duggar's conviction, The Sun reported the judge said the dad of seven had to remain in custody while awaiting sentencing. "Mr. Duggar 100 percent has been compliant awaiting trial," the judge reportedly said. "I appreciate that, and I wanted to acknowledge that. However, because of the guilty offenses, he must be detained regardless of flight risk so there will be a mandatory detention." However, the former "19 Kids and Counting" star's appeal may not be taken seriously by the court because it uses tactics that didn't work during the trial, namely that the crimes may have been committed by someone else.

Does Josh Duggar's appeal stand a chance in court? According to the Daily Mail, an experienced FBI child exploitation expert said the porn on Duggar's computer was in the "top five of the worst of the worst that I've ever had to examine." In the disgraced reality TV star's trial, the defense claimed someone else could have been viewing the child porn. Michele Bush, an expert witness for the defense, testified that the criminal activity on the oldest Duggar child's computer may have been a "hit and run" and that a hacker obtained remote access to a computer and then disappeared, per People. But as the Mail reported, prosecutors called out Bush's testimony as "fantasy" during the trial and placed Duggar at the keyboard using images and texts.

Attorneys for the disgraced "19 Kids and Counting" star are recycling their failed "hacker" defense tactic in the appeal. The court documents read, "The jury had no evidence that Duggar personally viewed any specific portion of any of the files allegedly found on the computer." People reported that the motion noted the father of seven should have a new trial because the defense team was not able to call upon Caleb Williams, who worked at the Duggar car lot. The court ruled that Williams' testimony "would only be allowed if it confirmed his presence at the car lot on the dates in question." Stay tuned and watch this space for more news on the former reality TV star's appeal.

If you or anyone you know has been a victim of sexual assault, help is available. Visit the Rape, Abuse & Incest National Network website or contact RAINN's National Helpline at 1-800-656-HOPE (4673).