hathorlive

In my experience, for what it's worth, pervs throw a big net while downloading CP. What they get back may not be geared toward their particular twisted desires, so then they delete it. More seasoned pervs keeps files that don't turn them on in a folder as a trade bait. So Josh either got stuff he didn't like (wrong age group, wrong gender) and deleted it, or he is a downloader and deleter. The later is a person who downloads, watches, gets sexual pleasure from it, and then deletes it, knowing where to find it next week when the urge strikes. Also, most of these idiots don't realize that deleting a file does nothing to the file. It merely marks the file allocation table that this file can be overwritten. Give the size of modern hard drives, that doesn't happen too often. I should say on traditional platter hard drives. SSD drives tend to do TRIM and clean up operations more frequently, so files are discarded faster.

This is standard procedure with any device that contains illegal images. In fact, computers and devices with CP are the only things I don't need a court order or prosecutor approval to wipe. It's THAT illegal. Now with things like PII, from fraud cases, I have to wait for someone's approval. It's still illegal information, but someone has to sign off on it.

I thought he said he received a partial scholarship and paid for the rest of education with savings and jobs? Also, Jill mentions savings, so maybe they were paid more by JB than the cost of their house, which allowed them to put 25K or so in the bank as savings? Also, Jill gave one year of social media money, correct? Or did I remember wrong? Maybe the year before she made more money? I don't know, it seems VERY tight. But I won't ever make fun of her cream of crap recipes again. If that's all you can afford, then it's all you can afford. The great tragedy in this country is that high fructose items are cheap and fresh fruits and veggies aren't. The good news is, regardless of how truthful they are about law school loans, is that they made a great profit on selling their house. They are moving to a lower cost region (compared with Little Rock that had been speculated) and if there are no law school loans, Derrick's salary will be a lot of fresh fruits and veggies for a family of six (if you count Fenna. And I do because my two dogs eat fresh organic food only, while I supplement my diet with carbs). It's a good life for Jill, compared to some of her siblings.

The main reason their case is weak is because of their parents. The girls don't want to say that their parents failed to protect them and let a predator roam free around the house. They can't say that their mental anguish was increased by the failure of their parents to get them counseling. All roads lead back to their parents being the source of their pain and suffering. And they don't want to/ can't point the finger at them. Jill came the closest to doing it, and even then she tried to protect Meech. I do feel that Jill will end up being the most mentally healthy because she got counseling. Someone helped her articulate the lack of boundaries with her dad. She didn't come up with that on her own. So I have hope that she'll eventually realize what sucky parents she had and that children shouldn't be raising their siblings. While I don't like Austin and Derrick's views, I do think they have a healthy sense of what Josh did to their wives. At least they will make sure Josh doesn't get near their wives if he gets out of jail.

Really, what could any letter say to address the victims? That Josh has never hurt a child before? Scratch that. That he would never do any thing to another victim again? Been there, done that. They can't acknowledge the victims because it shows a repeat pattern that he can't and won't be able to stop in the future.

I have to think at some point, Anna is mentally whining that her best breeding years are going to be lost and she's not going to "outdo" Michelle with 22 babies, she gave birth to. And in that same place, Meech is thinking "Yes, I still hold the record". Because that's all the only value they have to their cult. I wish these crimes got longer sentences. You can thank your government for being wishy washy for not wanting "harsher" sentences for a crime that is largely a white male problem. It used to be 90% of convicted molesters were white. Now its more like 85%. But please write your elected officials and ask for harsher sentences.

I'm deluding myself, but I hope the judge realizes that this man is a danger to his kids. He's shown a propensity for young girls in both his victims and the CP he downloaded. I am really hoping he gets closer to 15. But I do that before every case I pour my heart and soul into and I'm always shocked and saddened at the actual sentencing. I'll be happy with ten but devastated with a lower sentence.

If all those enhancements are applied, I'll be gobsmacked. I've never had a single case where they were considered in all my years in federal court. I'm hoping this is a new thing that is being followed, as I've had judges openly scoff at enhancements and their legality. But I still think Josh will get less than 15 years. He will most definitely get more than the average of 8 years. Anything over 13 is a gift. I'd like to think the judge will attempt to get all the minor kids out of the house by the time Josh gets out, but he's not getting 17 years.

Very informative! Thank you for sharing this information and educating me! I'm sure Josh could benefit from seeing a psychologist. I not sure he would ever be receptive to it. It's funny that JB and Meech think Josh is fine with them supervising him, when it's failed throughout Josh's life.

All Christians are equal but some Christians are more equal than others???

Thank you for the adult drinks. I had a car accident and have a bit of nerve damage that makes my typing a mess lately. I truly appreciate clever people and these prosecutors are clever. They laid this case out so well. And they are using the TESTIMONY of people to nail Josh. Not rumors. Not In Touch. Sworn testimony. It's truly brilliant work. I wish my AUSA's had worked this hard to get enhancements enforced. The judge reads these letters on a regular basis. He will know a) how hollow they are and b) that no one writing them has any empathy for the victims. No concern, no worries. It's all about Joshy. And the Duggar family image.

Part 4: enhancement C: Engaging in a pattern of activity involving the sexual abuse of minors. Duggar objects to this enhancement being applied saying "the court should find these acts of molestations did not occur and that, even if they did, the court should disregard them because they occurred years ago. (Oh boy...) Government sates contrary to Duggar's claims, both his father and Bobbyeeeeeee Holt testified about the sexual abuse acts he now denies. And that activity of abuse is more than sufficient to support applying this enhancement. Government cites that sections of the guidelines state a pattern of abuse as any combination of 2 or more separate instances of abuse or exploitation of the minor by the defendant. Lots of footnotes with graphic details of what a sexual act is, with one applying to 12 and below and the other relating to under 16. Government cites testimony regarding Josh's repeated acts of child molestation that qualifies as the "sexual abuse or exploitation of a minor". Gov specifically notes Bobyeeeeeee Holt's testimony, where she said Josh confessed to Government notes her testimony included that Josh started touching his victims when he was 12. Government footnotes say that what Josh did constitutes sexual assault in the 2nd degree, under Arkansas law. Bobyeeeee Hold testified that Josh confessed to a sex act (I'm redacted the actual words, which are MUCH MUCH worse than JB and Meech offered Megyn Kelly) on victim 4, which again fits the enhancement both in age and in sex act performed. Government cites JB's testimony as one of "selective memory" (LOL) but that he too confirmed that Josh sexual abused/touched 4 victims. Footnotes include that the list of victim's identifies is under seal and a second one noted that In the Megyn Kelly interview on FOX, JB and Mech specially recalled Josh inappropriately touched 2 areas of the body on multiple victims at least 3 times. Government notes that when the J girls sued various state and local agencies for disclosing their sexual abuse, and when Josh later sued the same agencies, he swore to a statement of facts that described his sexual abuse. Basically, they are saying that in multiple attempts to sue the agencies, the girls and Josh noted they were sexually abused by him and that he agreed to those facts. (So, why is he saying the abuse never happened? Karma is a bitch). The government notes Josh's arguments that he was a minor an not convicted of that crime hold no water because they have case law from the 8th circuit (where AR is) where a convicted perp had past acts of sexual abuse of minors applied via the enhancement. They also note that the court has not set temporal limits on past abuse, and the age of the abuse would not affect the enhancement being triggered. Government notes that while they are not seeking an upward departure, Josh's pattern of abuse certainly qualifies for such. An upward departure is where a judge has circumstances that allow him to go above and beyond the 20 year sentencing maximum. Wowsers. Okay, that's my summary. I apologize for any typos or missing words. My fingers are numb from typing all morning. All summaries are my thoughts, based on 1 year of law school, and 17 years as an expert witness in this field. I am NOT a lawyer, so please forgive any misinterpretations of what is being said. Also, I'm trying to be very careful with wording that may trigger people. If I am not doing a good enough job, please let me know Mods. I hope these summaries are helpful since the warnings were dire about the content. Thoughts on the document: I have a lot of respect for these prosecutors. I've never met a bad AUSA but wow. These guys have laid a brilliant trap for Josh. I thought Bobyeeeee's testimony was to influence the jury that Josh was a perv. Now I realize that they were laying the groundwork for the enhancements. Excellent writing, excellent examples of case law. Their argument is powerful and undercuts everything that Josh's attorneys are trying to say. And what's beautiful is that are using the Duggar's own actions and words to get Josh a longer sentence. It's not often we see divine justice hit someone between the eyes, but that's what we have here, folks. JB lies and covers up the abuse, "running the clock out". Since they didn't handle it in juvy court, the documents weren't sealed. In touch releases said documents, the Duggar's go on national TV, admitting that Josh likes to touch little girls, and formalizing his guilt. The family brings lawsuits that discuss the abuse, testifying to it as facts. And now Josh is convicted of a crime where these actions may get him a sentence toward 15 years, where as most people doing this same crime get around 8 years.

Part 3: Enhancement B: For material that portrays ...(Trigger wording excluded) or other depictions of violence. Duggar's attorneys object to his enhancement by stating "the evidence does not even arguably support the application of this enhancement". This is the lamest rebuttal I've ever read in a legal document. The videos are ones I've seen and while most are humdrum for people in my field, there are some images and videos that are horrific and fit the exact criteria perfectly. Duggar's attorney's have no way to refute this and it shows. Government has a footnote here saying despite the above statement, the defense sought a "pre-trial motion prohibiting law enforcement witnesses from commenting on the graphically violent nature of certain material at issue in this case as compared to other CP." The prosecution cites court rulings that ruled images such as were found on Josh's computer fit the enhancement. Starting on page 9, the government lists specific videos and images, describes the sexual content of each, and how that fits the enhancement. The triggering material continues on pages 10 and 11. Josh is screwed on this enhancement. The videos in his possession fit the enhancement perfectly. There was nothing his lawyers could do on this one. And he does deserve to roast in hell for what he downloaded. But again, I've had these same images in cases and judges have never added the enhancements to the sentence. Or maybe they were starting at 5 years and worked their way up to 10 and 13 years, using the enhancements. I don't know.

AGain, I think it's just a distraction. The PSR should be related to his crimes, issues, and abuse of minor victims, as relating to his conviction. Many, many people are addicted to porn. But only a miniscule percent of those people ever look at CP. I mean, we could say Josh was addicted to Chick fil a and that Josh is fat, and therefore, eating their food is a moral failure. See the slippery slope? It's just irrelevant at the end of the day. When you have a conviction and past abuse of minors, that's what you want the judge focusing on.

This is just my opinion, as I'm not a prosecutor. I think they left it out because it's related to adult porn, which is not illegal. Maybe they don't want to muddy the waters by bringing up something he does that is perfectly legal. Also, if one of the Psychologist can chime in, I don't think the DSM has ever listed pornography addiction as a recognized disorder. So you have a lot of things that don't really add to the charges/convictions/allegations against Josh. If that makes sense. Yes, he's a sleaze who cheated on his wife, but the issue at hand is the victimization of children, his past sexual assaults of minors, and his downloading illegal images. Those are all things that relate to sentencing. For example, I had a case where baby mama accused baby daddy of downloading CP in family court. I examined the machine as a criminal case and found no CP. I went to family court to refute the allegations. Baby Mama's lawyer switched from it was CP to it was really offensive porn. I testified that really offensive porn is totally subjective and REALLY legal. You never want to equate legal porn with child porn. Millions of computers have porn on it. It's normal and legal. CP is in a class of it's own. So I think the prosecutors just wanted to focus exclusively on Josh's molestation of his sisters and the downloading of illegal CP. In the grand scheme, outside of snark boards, Ashley Madison isn't really important.

That I am not sure about. I think someone can definitely make a referral. But that's outside of my knowledge.

An enhancement is an additional punishment that can increase the base sentence in CP cases. There are 4 major enhancements, that have to do with number of images, the others have to do with sex acts, age of victims and other things that might not be good to discuss here. Basically, it's a way to say all CP is horrible, but these images are REALLY horrible and should be punished more harshly.

Part 2: So on the enhancement argument for Distribution of CP: Duggar objects to this, saying there was no evidence he knew he was distributing CP. Josh says the enhancement doesn't apply because he wasn't charged with distribution. Prosecutors say guidelines clearly permit the consideration of noncharged conduct when applying enhancements. Josh's atty's say this enhancement is misapplied because the evidence doesn't prove he "knowingly" distributed CP. The government quotes a ton of court cases that say that the name of the filesharing program indicates you are sharing files, regardless of the user's ignorance. Okay, I'm going to be controversial here and say I agree with Josh on this point. I've worked numerous cases involving peer to peer. And none of them realized, in the setup, that they were agreeing to share all files in their "share" folder. Mainly because they just hit enter through all those screens, but if they knew the content of these folders were being shared, they wouldn't have agreed. Because THAT'S HOW THEY GET CAUGHT. The government undermines their position by repeatedly saying that Josh is savvy with computers, he knows file sharing, he's really good with computers. But if Josh were so knowledgeable, and "knowingly" shared that folder, he would have removed the files from the folder so no illegal content would be shared. So, I disagree government. And I have to say, no prosecutor ever put this much work into my enhancements. I'm a bit jealous. The government then points out he downloaded and shared the Marissa file, which the ICAC detective downloaded from him, therefore showing he distributed it. They next bring up Clint Branham, a friend of Duggar's for 20 years, who described him as a power user of computers. The government then goes into how he created a Linux partition and downloaded TOR and filesharing software. And they say his own experts say he would have used command lines to install that partition (I disagree, you can get a GUI interface that is point and click). The government then says this indicates Josh knew exactly how these programs worked because he downloaded movies on his mac. Again, knowing how to type "dirty sex movie" in the search bar, and knowing what the network side of the program is doing is a separate skill set. I can build computers, install OS's, know Mac, Windows and Linux, even DOS, I can use command lines and I can network anything, on top of cyber security and forensics. However, I can't code to save my life. I'm a power user who can't do everything. Josh is a POS who deserves a long sentence, but I don't think I agree with this enhancement.

I can do it in sections, as the day goes on. I think Josh's lawyer's argument is insane. Basically, he denies that he ever sexual assaulted his sisters. So, the Fox news things where his sisters confirmed it, the records that were realized by the police, all of it is lies. Josh never did that.

Wait. Is that signature defrauding the judge? Is it attempting to draw attention away from Michelle's countenance and toward a sexy little heart? Michelle, you vixen. Said no one ever. She comes off as infantilized, which is the goal of her cult.

Considering her birthday wishes consist of xyz child having "a servants heart", it does seem like she had a lot of help.

So I'm reading the Prosecutions sentencing recommendation. Here are some of the highlights so far: Smuggar objected to 85 out of 168 paragraphs in the Pre-Sentencing Report (PSR). These objections include: all "offense conduct attributed to Smuggar," all prior acts of sexual abuse committed by Smuggar, and all enhancement charges listed in the PSR (4 enhancements were listed, I won't go into them for your mental health). Prosecution supports all 4 enhancements and has revised the number of images upward to 600, based on the conversion of videos to still images (usually 65 per minute (it's been a long time since I did this). The enhancements make the total number of years for sentencing 30, but they are capped at a max of 20 years. The Prosecution supports a 20 year sentence based on: Josh's prior sexual abuse of multiple minors, steps JOsh took to hide his activities, Steps taken to view and download material, nature of the CP downloaded, and his refusal to accept any accountability for his actions or to admit his guilt. If you want to continue to hit the highlights, without specific mentions of the nature of the CP, let me know.

BTK was caught because he was a deacon at his church and he used their computer to write a note to the police, which was sent on a floppy disk. Of course, the metadata said the owner of Office was the church and the author was Dennis. It's always the metadata that gets you, folks. Religion is used to mask a lot of ugly, evil people.

Based on my experience, people like the Duggars read the bible and use it to underscore their beliefs. I've been told that Jesus was against abortion. Yet, he never speaks about it. That's their raison d'etre. And yet they do nothing about the actual teachings of Jesus, taking care of the poor and sick, taking in the stranger. None of that BS. The Duggars and other fundamentalist's don't teach the actual bible. Heck, every major world religion has a golden rule that basically says "be nice to other people".

I know that. And you know that. But for people who go to church 3 times a week, they have a curious lack of biblical knowledge. They think Catholics are some strange sect like Muslims. I've had coworkers who don't know who Martin Luther is and don't understand the Protestant Reformation. It's sad. I just wish they understood their own religion better.