LOUISVILLE, Ky. — The Nelson County judge presiding over the case of Brooks Houck, charged with murder in the disappearance of Crystal Rogers, will not recuse himself from the case.
Attorneys for Houck filed a motion last month asking Judge Charles Simms to recuse himself due to perceived bias stemming from a family court case six years ago. On Wednesday, Judge Simms filed his response to motion, saying he will indeed remain on the bench.
"There is absolutely no language in the entire nine-page Order, including the one sentence that Brooks relies upon, where this judge rendered any opinion whatsoever about Brooks' guilt or innocence as to Rogers' disappearance and presumed death," Judge Simms wrote.
Defense attorney Brian Butler claimed “Judge Simms’ behavior with regard to Mr. Houck is such that his impartiality might reasonably be questioned from the perspective of a reasonable observer who is informed on all of the surrounding facts and circumstances.”
The attorney included multiple exhibits -- what he suggested show bias toward Houck.
Defense attorneys allege the bias extends beyond this case, to a previous custody dispute that Houck was not a party to. It was a case between his significant other Crystal Maupin and her ex-husband. At the time, the judge wrote "The court is simply astonished that Crystal would want a relationship with this man [Brooks Houck] who is the prime suspect in the disappearance and presumed death of of his previous girlfriend."
In Judge Simms' response Wednesday, he pointed out every decision he made in that previous case was to the benefit of Houck.
"Had this judge been prejudiced and biased against Brooks, it is simply unimaginable that Brooks would have prevailed on every issue related to him," he wrote.
The judge also defended the $10 million bond issued for Houck. Judge Simms said the special prosecutor and grand jury determined the amount.
He also said Houck is about 17 times wealthier than the average defendant.
Houck was arrested and charged with murder in September. He is the former boyfriend of Rogers, who went missing from Bardstown in 2015.
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