LOUISVILLE, Ky. — With a trial slated to begin next February for three men charged in the death of Crystal Rogers, it’s still unclear where it will be held but attorneys – including Special Prosecutor Shane Young – agree: the trial should be moved out of Nelson County.
“There is no way they’re going to get a fair trial in Bardstown, at all,” Louisville attorney Nick Mudd said on Thursday.
Mudd, a former prosecutor and legal expert who has followed it closely for years, agrees that Rogers’ unsolved murder is too well-known locally.
“Too many people know too much about [the case]. It’s all over the media, it’s constantly discussed there,” he said. “But I question, can they get a fair trial in the state of Kentucky?”
Rogers, 35, was reported missing over the Fourth of July weekend in 2015. She has been presumed dead for nearly nine years.
Brooks Houck, Rogers’ boyfriend, is charged with murder and tampering with physical evidence in her case. Two other men, Joseph and Steven Lawson, are charged with conspiracy to commit murder and tampering with physical evidence.
The suspects' attorneys have previously recommended Daviess or Boyd Counties as potential options. The two have a population like Nelson County but are hours away. Mudd said although the jury makeup is similar, he questions how much people in those counties know about the Rogers case already.
“I mean, this is a case that has nationwide attention, but certainly it’s gripped Kentucky – it’s the biggest case in Kentucky in several years,” he said.
Potential uphill battle
On Thursday, Young said all the evidence in Rogers’ case – which includes evidence in two other unsolved Bardstown murders – has been turned over to the defense.
In a response filed on March 15, Houck’s attorney, Brian Butler, said the prosecution lacks evidence to convict Houck.
“The Commonwealth lacks proof that Ms. Rogers is deceased,” he wrote. “There is no crime scene, murder weapon or realistic motive for the alleged crime. Ms. Rogers’ body has never been found.”
Mudd said it’s possible for prosecutors to convict suspects without strong physical evidence, but it will likely be challenging.
“I guarantee he’s gone through [the evidence] meticulously, and for him to write that, starts to beg the question: What do they really have?” he said. “If their whole case falls on the Lawsons, I think the prosecution’s got some big trouble.”
Lingering question of immunity
Judge Simms has set aside an entire day in June to take up the other three motions still up for consideration after Thursday's hearing. Attorneys said they plan to share video clips from Lawson’s interrogations during the hearing for Simms to decide whether Steve Lawson was promised immunity for his testimony.
Lawson’s attorney, Ted Lavit, said he's eager to ask the judge to dismiss the charges.
“At all times he promised immunity. In my presence and outside of my presence. Before I got involved and after I got involved,” Lavit said. “There's no question about that."
"I think, looking at a lot of the clips [mentioned in the motion], I’ve read through a lot of them that were made during the interrogation," Mudd said. "It seems to me he may have a very strong claim that he does have immunity in this case and can’t be prosecuted.”
The decision is ultimately up to Simms, but if Lawson does receive immunity in the Crystal Rogers case, it’s likely that he will need to testify against his son, Joseph Lawson, during the trial.
“He’s willing to tell the truth. That’s what he’s done all along, in my judgement,” Lavit said when asked if Lawson would testify in that situation. “That’s what he’s going to continue to do.”
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