LOUISVILLE, Ky. (WDRB) – The chief justice of the Kentucky Supreme Court has sent a motion to remove Nelson County Judge Charles Simms III from the Brooks Houck case for alleged bias back to Simms to decide whether he believes he should be removed.
The order by Kentucky Chief Justice Laurance B. VanMeter comes just a few days after Houck's attorneys asked the high court to remove Simms, arguing his "impartiality might reasonably be questioned from the perspective of a reasonable observer who is informed of all the surrounding facts and circumstances."
The motion asked that VanMeter review the facts and decide whether to replace Simms with another judge.
VanMeter wrote that “Simms should have been afforded an opportunity to grant or deny a motion for recusal” himself before a higher court gets involved.
If Simms decides he is not biased in the case and should remain the sitting judge - and provides his reasoning - VanMeter will then review whether or not there is reason to remove the judge.
Houck was identified as the primary suspect in the Rogers case days after she went missing July 2015. He now faces charges of murder and tampering with physical evidence after being indicted by a Nelson County grand jury Sept. 20.
Simms set his bond at $10 million.
"The sensationalism surrounding this case was fueled, in large part, due to local law enforcement's remarkable decision to release portions of their open investigation, including Mr. Houck's police interview, to the public during an ongoing investigation after naming Mr. Houck as a main suspect," Tuesday's court filing says.
Houck's attorneys also bring up Crystal Maupin, Houck's current and longtime girlfriend. In 2017, Maupin was fighting for custody of a child she had before meeting Houck. The attorney cited a Family Court order from Simms, in which he said, in part, that "... this court is simply astonished that (Crystal Maupin) would want a relationship with (Brooks Houck) who is the prime suspect in the disappearance and presumed death of his previous girlfriend."
Houck's attorneys said this statement, made six years before an arrest is made, proves the need for Simms' disqualification.
"Based on the contempt for Mr. Houck as expressed in this family court order written six years before Mr. Houck was even charged, it is clear that Judge Simms has prejudged Mr. Houck's guilt and is not and could not possibly be impartial."
This story may be updated.
Related Stories:
- Brooks Houck's family is accused of secretly recording grand jury proceedings. Here's why they won't be charged for it.
- Prosecutor says state investigation into Brooks Houck connects his family to murder of Crystal Rogers' father
- Families of Crystal Rogers, Brooks Houck fight for custody of their 10-year-old son
- After long custody battle, Crystal Rogers' mother denied right to see her grandson
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