LOUISVILLE, Ky. — A pair of recent court decisions went against Brooks Houck, who is charged with murder in the death of Crystal Rogers.
The Bardstown mother of five was reported missing in July 2015, and Houck was the last person to see her alive. After his arrest in September, Nelson County Judge Charles Simms set his bond at $10 million. Houck has been in jail at the Hardin County Detention Center since his arrest.
Now, a Kentucky Appeals Court has ruled Houck will stay in jail on a $10 million bond. Houck’s attorneys filed an appeal just hours after Nelson County Circuit Court Judge Charles Simms III said Houck's bond is "reasonable to assure Brooks' appearance, to adequately protect cooperating witness(es) and other individuals associated with this case, and to better assure the integrity of this proceeding."
The Court of Appeals reviewed the ruling, and issued an order affirming it Tuesday. The appeals court wrote in the order, "Houck has failed to sufficiently meet the burden of proof demonstrating the bond set is excessive."
The 16-page document also addressed some of Houck’s individual arguments.
The court wrote Houck's core argument is that the $10 million bond is oppressive, but then writes a capital crime like murder is eligible for the denial of bond altogether.
The court also addressed Houck’s claim that he is a low flight risk. The court wrote this is "offset by the trial court's finding that Houck constituted a danger to potential witnesses".
Finally, the court wrote while the bond may be unusually high, the circumstances are themselves unusual.
"When there are indications a defendant and potential accomplices pose a danger to witnesses and to the integrity of the proceedings, a higher bond than that typically set may be warranted," the document states.
This wasn’t the only case ruling against Houck released this week.
The Kentucky Supreme Court also issued a ruling on the case, officially denying Houck's request to dismiss Judge Simms. That means Judge Simms will stay on the case, and preside over the trial.
The Supreme Court Chief Justice said, "the defendant failed to demonstrate any disqualifying circumstance that would require the appointment of a special judge."
For Houck and his defense team, both rulings are big blows. Houck’s attorney Brian Butler did not respond to our request for comment after the rulings were released.
Rogers’ mother Sherry Ballard has not commented directly on the case developments, but said in an interview with WHAS11 earlier this month, "God is finally answering some of my prayers. It’s His time, not mine. And I'm very happy with that."
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