The government also filed several motions. He also filed motions to exclude evidence relating to the Ashley Madison scandal, exclude references to his refusal to answer certain questions during his initial meeting with HSI SAs, and exclude “opinion testimony” such as labeling certain CSAM files found on the devices as “top five of the worst”. Josh filed motions to exclude statements he made, including the unprompted “has someone been downloading child pornography” statement, exclude pictures of his hands and feet, dismiss the case all together, and request a frank hearing, where he questioned the validity of the initial search warrant on the car lot. Josh bringing Anna flowers around the time Covenant Eyes was installed on his devices.Īs with any criminal case, several pre-trial motions were filed. For our offical statement on the use of this term, please below. *This is still the legal term and therefore being used in this context. Offence Level: 4.Ĭount 2: Possession of Child Pornography*īetween May 14 and May 16 2019, Josh knowingly possessed material that contained images of child pornography*, including images of minors under the age of 12, in violation of Title 18, United States Code, Sections 2252(a)(5)(B) and (b)(2). Should he be convicted, a federal district court judge will determine his sentence.īetween May 14 and May 16, 2019, Josh knowingly received child pornography* This is in violation of Title 18, United States Code, Sections 2252A(a)(2) and (b)(1). If convicted, he faces up to 20 years in prison and fines up to $250,000 on each count. Josh has been charged with one count of receiving child pornography* and one count of possessing child pornography*. (At the time of his bail hearing, his youngest daughter was seventeen months old and his eldest daughter was 11 years old.) HSI SA Gerald Faulkner testified that the images he saw were “in the top five of the worst of the worst that I’ve ever had to examine”. Josh at his arraingment in April 2021 - Artist: John KushmaulĪt the bail hearing it was revealed that Josh was in possession of 265 images of naked minors, including files that depicted child sexual abuse involving toddlers as young as 18 months old and children as old as 12 years. After that, he spent six nights in jail before his bail hearing on May 5, 2021, when he was released pending trial. He was arraigned the next day, where he pleaded not guilty. Seventeen months later, on April 29, 2021, those statements were proven false when Josh was arrested by US Marshals on behalf of an arrest warrant issued by Homeland Security. At the time, the family denied anyone within their family was under any sort of investigation by local, state, or federal agencies. On November 8, 2019, Josh’s car lot was raided by Homeland Security Investigators.