FAYETTEVILLE, Ark. (KNWA/KFTA) — After hearing testimony from 12 witnesses, the jury in the courtroom of Judge Timothy L. Brooks in the Western District of Arkansas Federal Courthouse in Fayetteville, Arkansas returned a guilty verdict after Josh Duggar’s six day trial.
Duggar was found guilty on both charges he faced, receipt of child pornography and possession of child pornography.
The judge issued a stay of conviction on possession as a “lesser included offense.”
At a press conference after court adjourned, prosecutor Dustin Roberts explained that procedure.
“By function of law, you cannot be convicted of both,” he said.
At approximately 10:02 a.m., an agent of the court entered the courtroom and told media members and attorneys in the gallery that a verdict had been reached.
At 10:10 a.m., the jury filed back into the courtroom for the final time. Many members of the Duggar family returned to their spots in the front row, including the defendant’s wife, Anna Duggar, and father, Jim Bob Duggar.
The jury foreperson turned in a manilla envelope, which the judge opened and read from. He confirmed with them that “the verdicts reflect the unanimous decision and verdict of all 12 jurors” before reading the verdict aloud.
He confirmed that there were no irregularities, and read the verdict, confirming that Duggar was found guilty on both counts.
The government requested polling of the jurors, which consisted of each of them verbally confirming their verdict on each charge.
The judge explained they were just “going to go down the line.” Duggar stared at each juror as they confirmed the unanimous verdict.
“Your jury service is now complete,” the judge told them afterward and informed them that they were dismissed from their duties and responsibilities.
Attorneys involved in the case may still not contact jurors without a court representative involved.
Duggar glanced over at Anna Duggar as the jury listened to the judge for the last time. She was being comforted by family members that placed their arms around her.
The judge expects that sentencing will take place in approximately four months. Before that, there will be a pre-sentence investigation and the U.S. Probation Office will provide their written findings.
Judge Brooks noted that during his release until now, Duggar “has been 100% compliant with every single term and aspect of his bond conditions.”
However, the judge noted that the law states that Duggar needed to be taken into custody immediately, “regardless of any apparent flight risk or risk of danger to the community.”
Defense attorney Justin Gelfand stated that “we would ask the court to exercise its discretion.”
Prosecuting attorney Dustin Roberts replied to the judge that “it is mandatory.”
“The court is constrained,” stated the judge. “Mr. Duggar will be remanded into custody.”
Duggar looked pale and clammy as U.S. Marshals handcuffed him behind his back at approximately 10:28 a.m.
The defense made a request for a 30 day period to file further motions, which was granted.
As Marshals walked Duggar out of the courtroom, he passed directly by his wife in the gallery and paused to speak to her.
He had tears in his eyes as they talked quietly for a brief moment. She appeared to maintain her composure.
After court adjourned, attorneys from each side gave statements outside the courthouse.
“We respect the jury’s verdict,” said Gelfand. “And we look forward to continuing this fight on appeal.”