BARDSTOWN, Ky. — Brooks Houck is being held in the Hardin County Detention Center on a $10 million bond and a judge re-affirmed that bond on Monday, denying his request for a bond reduction. Now, Houck’s attorneys have filed an appeal with the Kentucky Court of Appeals.
The appeal was filed 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."
Judge Simms said there are four reasons why he believes the defendant must be held on a bond much higher than he has ever issued in his 20 year career as a judge.
1. Court believes Brooks has access to substantial financial resources
The judge cited records from the Kentucky Secretary of State indicating Houck is the sole owner of three construction companies and 83 properties. The tax assessment for 66 of those properties totaled $8.5 million.
2. Court believes Houck could be a flight risk, due to him facing life in prison
The judge wrote despite Houck’s pretrial assessment, which classified him as low risk to flee or re-offend, he believes most defendants are a flight risk when facing severe penalties.
3. The court said there is reason to believe the commonwealth has one or more cooperating witnesses and the court is concerned for the safety of those witnesses
The judge wrote he is “gravely concerned” for the safety of witnesses or other individuals connected to the case. He said the concern comes from new allegations that Nick Houck may have been involved in the murder of Tommy Ballard, Crystal Rogers’ father.
The prosecutor revealed in court they are currently testing the gun they believe was used to kill Tommy, and they purchased the gun from Nick Houck.
RELATED: Crystal Rogers case | Law experts say Nick Houck, brother of Brooks, could be arrested next
4. The court wants a fair and impartial trial
The judge wrote he believes the integrity of the proceeding is at stake because of the actions of the Houck family, deliberately engaging in misconduct multiple times over the course of the eight-year investigation. The first allegation is from early on, when Houck family members secretly, and illegally, recorded grand jury proceedings.
Both the commonwealth and the defense attorneys will be asked to provide their arguments already submitted to judge Simms. The bond hearing will not be retried in the Court of Appeals, instead the record of the original court hearing is reviewed.
The Kentucky Court of Appeals could release a decision in the next few months.
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