Josh Dagar is getting more and more desperate every day.
Just over a month before he was sentenced to many years in federal prison, a sex offender has filed a new appeal, claiming his constitutional rights were violated last year after he was arrested on two counts. pornography storage.
As you probably already know, on December 9, Dugar was found guilty on both counts.
He has since been held in solitary confinement, working with his lawyers cancel this decision or arrange a secondnext trial.
Now, in legal documents filed Feb. 28, Josh’s legal team wrote the following:
“This is the rare case when the accused has been deprived of significant constitutional rights and the law requires a new trial.
“Instead of actually fighting the substance of Dagar’s arguments, the government is evading the issues and mischaracterizing Dagar’s arguments, trying to refute them more easily.
“But the government’s silence on real issues says a lot.”
Back in 2019, the father of seven downloaded photos and videos of children under 12 to his work computer.
In his statement, his lawyers do not even try to claim otherwise; they admit that this material was found on Dagar’s desktop during a raid about two years ago.
However, they believe that there was no evidence at the trial that Josh “personally reviewed the materials of sexual abuse of children.”
As a result, the legal team seeks a full acquittal (LOL) or at least another trial.
The material alleges that the prosecution “intentionally played a game” in disclosing some emails to the defense during last year’s trial.
The petition delves deeply into the timing of these specific letters, explaining their belief that the government had deliberately delayed the transfer of materials against someone “who needed to be seriously investigated.”
This someone will be a former employee of the car dealership where Josh worked, Caleb Williams.
Daggar’s lawyers called Williams a “necessary witness” who was not allowed to be called to the podium. They hope to make of him a scapegoat.
Dagar tried to call Williams as a witness because he had the ability, know-how and motive to commit the alleged crimes – and, depending on his answers to questions in court, confidence in Williams was easily impeachment.
In short, Dougar sought to provide evidence that Williams may have lied – or was wrong – about his whereabouts at the time.
Authorities said they interviewed Williams and found no reason to believe he played any role in the aforementioned illegal upload; he was not even in Arkansas at the time of the crime.
The appeal continued with a reference to the Sixth Amendment paragraph on the right to present evidence of defense in criminal cases to jurors.
It states that this paragraph has been violated.
This is also addressed specific testimony of computer forensic experts summoned as witnesses on both sides.
The defense denies that the prosecution witness testified as an expert on computer geolocation data, stating that the government did not report that it would do so.
The details are intentionally confusing and extensive in scope.
This way high-paying lawyers earn their salaries by throwing as many arguments against the wall as possible in the hope that one of them will get stuck and their client can come out on some technical look.
Prosecutors, however, are allowed to file them own response movements.
On February 11, they wrote the following due to the fact that they never proved that Josh was watching disgusting material:
The government did not need to provide evidence that he had personally reviewed the material to find him guilty of obtaining and possessing child pornography, he only needed to prove that he knew that the material contained minors involved in sexual behavior.
Dugar and his team then replied:
To be clear, Daggar does not claim that some of the images provided by the government during the trial do not meet the legal definition of child pornography.
The main issue raised in this petition for acquittal after the trial is whether there was enough evidence, even in the most favorable light for the government, to confirm Dagar’s knowledge that the visual images had been on the computer for three days presumably charged.
As we noted earlier, this is all a big legal madhouse.
But soon it will be over.
Daggar is in the Washington County Detention Center while he awaits sentencing on April 5th.
On this date we will find out how much time Daggar will spend behind bars – and his lawyers will no longer be able to make any irrelevant arguments.
Josh Dagar: My trial was unconstitutional! I demand justice!
Source link Josh Dagar: My trial was unconstitutional! I demand justice!