Brooks Houck’s bond will remain $10 million in Crystal Rogers case. New appeal is filed

A Nelson County judge has denied Brooks Houck’s request to lower his bond from $10 million after he was charged in the murder of Crystal Rogers, but Houck’s attorney has filed a notice to appeal the ruling.

Houck’s attorney had argued that the $10 million bond was oppressive, and well beyond what a murder defendant in Kentucky would typically be ordered to pay to be released before trial. Nelson Circuit Judge Charles Simms III agreed that the bond was high but still ruled it wouldn’t be appropriate to lower it.

Houck, 41, was arrested Sept. 27 after an indictment was handed down by a Nelson County grand jury charging him with murder and evidence tampering in the disappearance of Rogers, his former girlfriend.

Houck’s lawyer, Brian Butler of Louisville, later filed a motion to drop Houck’s bond to $500,000, a 95% reduction. Butler and special prosecutor Shane Young argued in court Thursday about whether the bond should be lowered.

Simms issued his order Monday denying Butler’s motion for a lower bond. In the order, Simms said Houck has access to significant financial resources, including millions of dollars in property, leading to concern that he would easily post the bond if it were lowered. Simms also expressed concern that Houck’s family had already aided him in interfering with the murder investigation and said he feared for the safety of cooperating witnesses.

Attorney for Brooks Houck calls $10 million bond excessive, asks for it to be $500,000

Brooks Houck, main suspect in Crystal Rogers’ murder, pleads not guilty in court appearance

“This judge believes that the $10,000,000 bond is reasonable to assure Brooks’ (Houck) appearance, to adequately protect cooperating witness(es) and other individuals associated with this case, and to better assure the integrity of the proceeding,” Simms wrote in his order.

Simms also ordered the Nelson County clerk to seal an audio recording and the FBI transcript of an audio recording between Houck and his sister, Rhonda McIlvoy, before the grand jury proceeding that led to Houck’s indictment. The recording allegedly indicates that Houck had gotten his family to record grand jury proceedings, which are supposed to be held in secret.

Butler filed a notice of appeal that same day regarding the judge’s order to deny bond, according to court documents. The appeal will go to the Kentucky Court of Appeals.

The appeals notice cites Kentucky Criminal Procedure 4.40, which entitles a defendant to file a written motion for a change in their conditions of release anytime before their trial. The defendant’s motion must be done in good faith, according to the statute.

Money, concern for safety: Why judge kept $10M bond

Simms gave four reasons why he decided to keep Houck’s bond at $10 million. One of the reasons was for protecting cooperating witnesses. Simms references accusations from the prosecution that Nick Houck may have had the gun that was used to kill Tommy Ballard and investigators have since obtained it. Nick Houck is Brooks Houck’s brother, and Tommy Ballard was Rogers’ father.

Brother of Brooks Houck reportedly sold gun used to kill Crystal Rogers’ father

“It appears that the Commonwealth may have obtained from Nick the firearm that was used to kill another person associated with this case,” Simms wrote in his order. “Although the defense contends that Brooks is not responsible for Nick’s behavior, it is apparent that Nick has provided ongoing assistance to his brother.”

Simms also cited evidence that Nick Houck and other Houck family members recorded grand jury proceedings. Simms said five members of the Houck family were subpoenaed to testify in front of a grand jury, and an audio recording and transcript indicate at least one of them used a recording device.

Simms said he didn’t want to speculate on Ballard’s death, but said it was “alarming” that Nick Houck allegedly sold the same caliber gun used in the killing of Ballard and he is “gravely concerned” for any witnesses connected to the case.

Who’s involved in the Crystal Rogers case? 12 people to know and how they’re connected

Another reason was related to Houck’s financial status, which suggests Houck would be able to easily post a $500,000 bond if that was an option.

Houck is the sole member of three separate construction companies which own 83 properties in Nelson County, according to court documents. The tax assessment for 66 of those properties totals about $8.5 million, and Simms said sales of real estate often exceed the tax assessment.

Simms said that a pretrial assessment indicates Houck is unlikely to flee the region and is unlikely to get arrested again if he is released on bond, but there was still concern about the severity of the allegations against him.

“Although this court routinely relies on pretrial assessments for lower level felonies, it certainly believes that most healthy defendants are a flight risk when they are facing severe penalties like twenty (20) to fifty (50) years, or life, in prison,” Simms wrote in his order. “In addition, parole eligibility is much harsher if a defendant is convicted of murder.”

The final reason was Simms’ desire for a fair and impartial trial. He referenced the Houck family allegedly recording the grand jury proceedings and how the family seems to have intentionally engaged in misconduct, based on evidence obtained by prosecutors.

“The integrity of the entire proceeding is at stake when someone deliberately violates the rules of criminal procedure,” Simms wrote in his order.

Judge: Evidence shows Houcks recorded grand jury

Simms’ order shed more light on the allegations that Houck’s family members recorded grand jury proceedings. Young, the prosecutor, made the accusation in court when Houck was arraigned Thursday, saying Brooks Houck’s mother, sister, brother and brother-in-law recorded the hearings that led to his indictment.

Grand jury proceedings are done in secret, and consist of 12 citizens selected to serve at random. During the proceedings, evidence is presented by a commonwealth’s attorney who can call witnesses that often consist of law enforcement officials.

Brooks Houck was indicted for murder by a Kentucky grand jury. Here’s how they operate.

Five members of the Houck family were called to testify before the grand jury and evidence obtained by the commonwealth indicates they recorded each of their testimonies.

One specific recording was taken by Brooks Houck’s sister, Rhonda McIlvoy, which depicts a conversation thought to be between her and Brooks, according to the order issued by Simms Monday.

A man, believed to be Brooks Houck, starts the equipment and can be heard saying “Nicholas can find it.”

While the woman is waiting to testify, she expresses concern as to if the battery would start beeping. The man reassures her, stating “it’s got brand new batteries in it,” according to court documents.

The woman then goes on to say “you are keeping it. Keep it out here,” according to court documents.

The man then responds, “No, we need to hear it.”

Simms wrote in his order that the “we” refers to Brooks and Nick Houck.

Nick Houck was previously terminated from his position as a Bardstown police officer for interfering into the police’s investigation, according to Simms’ order.

Recording grand jury proceedings can result in a contempt of court charge. A person who is found to be in violation could be fined between $500 and 1,000 and could be imprisoned for 6 to 12 months, according to state law.

“In this case, the Houck family intentionally engaged in misconduct when they secretly recorded the grand jury proceeding,” Simms wrote in his order. “In fact, Rhonda even expressed second thoughts about using the recording device, but the male voice responded with, ‘no, we need to hear it.’

“In addition, any former police officer in Nick’s position should have known that it is inappropriate for him and his family to secretly record any grand jury testimony.”

This is a developing story and may be updated.