LOUISVILLE, Ky. (WDRB) -- A Nelson County judge ruled that Brooks Houck's bond will remain at $10 million while he awaits trial for the murder of his former girlfriend, Crystal Rogers.

Nelson County Circuit Court Judge Charles Simms III issued the ruling Monday, denying a request by Houck's attorneys to lower the bond to $500,000 with GPS monitoring.

In his order denying the bond reduction, Simms expressed concern for the safety of other people involved in the case if Houck is able to post a reduced bond and be released on home incarceration. 

"There is reason to believe that the Commonwealth may have one or more cooperating witnesses, and this Court is gravely concerned for the safety of any such witness(es) and any other individuals connected to this case," Simms wrote. 

In the eight years since Rogers' disappearance, police have long said Houck was the lone suspect. Last month, he was arrested and charged with murder. 

In his ruling Monday, Simms also referenced accusations that Houck's family members — including Nick Houck, his mother and sister — secretly recorded grand jury proceedings, which are supposed to be secret, when they were testifying shortly after Rogers' disappearance. 

"... The integrity of the entire proceeding is at stake when someone deliberately violates the rules of criminal procedure," Simms wrote. "In this case, the Houck family intentionally engaged in misconduct when they secretly recorded the grand jury proceeding."

During Houck's initial hearing Oct. 5, prosecutor Shane Young told the court that the investigation into the murder of Rogers is also an investigation into the death of her father, Tommy Ballard.

Less than 18 months after Rogers went missing, Ballard was shot and killed in November 2016 while hunting with his grandson on family property in Nelson County. The case has also long gone unsolved, but Young argued there is a link between the Houck family and Ballard's death.

BARDSTOWN HOUCK ARREST FOLO 4PKG.transfer_frame_3092.jpeg

He told Simms that, during the state's investigation, a rifle was purchased from Nick Houck, Brooks' brother, who was using a fake name. Young said it's the same caliber as the gun used in Ballard's death and so far matches four of the five criteria they were looking at in comparison.

Simms used that information in Monday's ruling, openly wondering what the Houck family has done and what it could do again.

"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 wrote. "... Although this court will not speculate about a motive for killing Tommy, it is extremely alarming as to why Nick may have been selling the same caliber firearm that matches four of the five criteria for being used in Tommy's shooting."

Thomas Clay began working as a public defender 49 years ago and has been practicing criminal defense law ever since. He said the judge's reasoning is all in "black and white."

"He's concerned about Mr. Houck's businesses. He's concerned about his assets. He's concerned about his conduct, and it's all in that order," Clay said.

Clay is not involved in this case, but is familiar with Judge Simms.

"The judge is a very, in my opinion, very thoughtful judge and gave this a lot of consideration," Clay said.

Brian Butler, Houck's attorney, argued in a motion filed in Nelson Circuit Court that the current bond amount is "excessive, punitive, and serves no purpose other than to punish Mr. Houck by keeping him incarcerated while this is pending."

Butler had contended that the $10 million bail is contrary to the constitution and Kentucky legal precedent, arguing bond is not supposed to be used as a punishment but a way to protect people from those deemed dangerous and guarantee defendants show up for court.

He noted that Houck has cooperated with investigators since his former girlfriend disappeared, agreed to interviews with police and submitted to a polygraph examination. The polygraph was deemed inconclusive but "did not show deception" when Houck denied wrongdoing relating to Rogers' disappearance, according to the motion. 

Houck has no criminal history, runs a successful local business, has family members in Nelson County, has consistently maintained his innocence and poses a low flight risk, according Butler's motion.

"The current bond is unconstitutional, and, if it stands, can only send a clear message that our laws and years of precedent can be disregarded if the defendant is sufficiently vilified before ever being charged," Butler wrote in the motion.

Butler had no comment on the ruling Monday afternoon. 

In regard to protecting witnesses related to this case, retired FBI agent Doug Kouns said the U.S. Attorney's Office, as well as state and local authorities, have funds to protect witnesses. It could be used to temporarily house someone in a hotel out of town or station a police officer outside their residence.

Kouns retired from the FBI in 2018 and is now the CEO of Veracity IIR, an investigative firm. 

He said in his more than 20 years with the FBI, he never had a case rise to the level where a witness has been put into a protection program, and given the FBI rarely is involved with murder cases, that is unlikely. 

Over the years, the Houck family farm, the homes of Brooks Houck and his brother, Nick, have been searched multiple times, along with a storage unit belonging to Rogers. In 2021, the driveway of a home built by Houck was ripped up by the FBI. And, most recently, in 2022, the FBI was back at the Houck farm for a five-day search.

Evidence collected during the search was sent to the agency's lab in Quantico, Virginia.

The FBI is also still investigating the death of Rogers' father, Tommy Ballard, who was shot and killed in 2016 while hunting on his own property with his young grandson more than a year after Rogers went missing.

Houck remains in custody in the Hardin County Jail. 

Related Stories:

Copyright 2023 WDRB Media. All Rights Reserved.