Fayetteville, Arc. (KNWA / KFTA) – On the same day that Josh Tucker was prosecuted in the child pornography trial, he filed an official response to the government’s case, documenting evidence that several improvements to his charges would be appropriate in sentencing. Sentencing recommendation.
Both documents were filed May 18 in the Western District of Arkansas Federal Court in Fayetteville. The defense filed almost ten pages and outlined the team’s justification for seeking a five – year prison sentence for the minimum sentence allowed by law in this case.
The lawsuit, filed by defense attorney Justin Kelfand, began by stating that “this court has no full support for the government’s request for the maximum sentence allowed by law for misery.” It noted that “the government has not indicated a single case against a similar defendant who was sentenced to 20 years in prison for obtaining child pornography.”
The document went on to say that government filings described some of the illegal child sexual abuse material (CSAM) downloaded on Duggar’s desktop computer in graphic detail.
Clearly, no one denies the extent to which real children are victims of child pornography – but the government’s focus on its sentencing is clearly aimed at provoking an emotional response in the hope that this court will provide an unnecessarily harsh sentence. Case. This Court
Reject the government’s attempt and instead, by law, the witnesses in this case should actually focus on what was revealed in the light of the most favorable to the government for the purposes of sentencing.
Josh Tugher’s defensive response to the government’s sentencing memorandum submitted May 18
Security maintained that most of the illegal items in question were “not first on the computer or viewed by computer users”. The document reiterates that the crimes took place “within a few days” and that the pictures were then removed, and that six months had elapsed between the crime and the execution of a search warrant on Tucker’s car. The first part of the document concludes by arguing that five years’ imprisonment is “sufficient, but not more than necessary.”
Next, the defense cites some other cases, noting the differences between them and Tucker’s case, and the need for the court to avoid sentencing imbalances. They call an individual’s behavior “beyond comparing anything the government claims to have done wrong.” The filing describes the “significant history” of that particular defendant, including details of his many charges and previous offenses.
In another case, a man received more than 22,000 pictures and was sentenced to 75 months in prison.
“The main point is that the government did not point to a similar defendant who received the sentence he was seeking in this case,” the document said. “And a lot of legal authority weighs heavily against the government’s position.”
It also noted that five-year sentences are higher in cases with “more deplorable charges.”
Next, the defense argued that the government’s arguments in favor of improving the sentence were “flawed.” Filed a security trust that many of the graphic files in question were not on the computer or had been deleted before the user could view them.
The government’s forensic expert said he “did not provide any evidence or evidence of the distribution of any files using peer-to-peer software from his personal laptop” and opposed the promotion of “distribution” of illegal items.
The final section outlined the defense’s objection to the government’s classification of Tukar as “form of action.”
Referring to the allegation that Tugar abused minor girls when he was a teenager, the defense says “there is no verdict on the youth.” “Very little hope.” The defense also alleges that the entire basis for this development relied on “questionable evidence”.
Bobby Holt, a close family friend, was called as a witness and testified under oath during the interrogation, explaining in great detail how he learned about the deeds he had committed. The motion ended in self-defense, demanding a minimum of five years’ imprisonment and a period of supervised release.
Dugar was convicted of two counts of child pornography in December 2021. He is in custody in a Washington County jail while awaiting a May 25 sentence.