State prosecutor argues Nelson County judge shouldn't be removed from Brooks Houck's case

BARDSTOWN, Ky. — Brooks Houck, the man charged with murder in the disappearance of his girlfriend Crystal Rogers, is still waiting to learn if there will be a new judge presiding over his case.

In late October, Houck's attorney filed a motion requesting Nelson County Circuit Court Judge Charles Simms be dismissed from the case due to his alleged bias toward Houck.

Attorney Brian Butler pointed to a 2017 custody battle between Houck's significant other, Crystal Maupin, and her ex-husband. Houck was not a party in the case.

TIMELINE | Disappearance of Crystal Rogers; In-depth look at the years-long investigation

In a nine-page opinion, Judge Simms 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."

On Thursday, Special Prosecutor Teresa Young filed a response to the motion, arguing that Simms' prior statement needs additional context.

Young said the couple agreed that their child would not have any contact with Houck, but as Maupin began living with Houck, this made it difficult for her to spend time with the child. 

"As part of the litigation, there was evidence that Houck was considered the primary suspect in the Crystal Rogers disappearance," she said, adding that Maupin's ex-husband was concerned someone may try to harm Houck and their child.

In that case, Young said the court found many in Nelson County believed Houck was involved in the disappearance, as well as the death of Tommy Ballard. Simms also found no evidence Houck had ever harmed a child or that someone would harm a child because they were with him.

"The statement quoted by the defense is not a comment upon Houck, but rather some of Ms. Maupin's parenting decisions," Young said. "However, after hearing all of the evidence in the case, the court determined the child would be able to have contact with Houck."

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Young also said that Houck's attorney's requested the family court order on Sept. 29, 2023, days before Houck's arraignment. 

She argued the defense should have requested a recusal at the arraignment, but rather chose to enter a motion to reduce Houck's $10 million bond, which Simms denied.

"Having been denied the bond relief he requested, [Houck] now claims his bond is an example of bias in this case," Young said.

Young said Simms made the decision to keep the bond in place due to the nature of the offense and Houck's "substantial financial means."

The Kentucky Supreme Court has denied the defense's request to dismiss Judge Simms from the case, saying instead attorneys would need to file a new motion in court asking the judge to remove himself from the case.

As for the bond, attorneys have asked the Kentucky court of Appeals to review Simms' decision. That decision could come in the next several months.

Houck is expected back in court in February 2024. 

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