LOUISVILLE, Ky. (WDRB) -- Brooks Houck was arraigned in Bardstown on Thursday for the investigation into the murder of Crystal Rogers.
During the arraignment, there were allegations made that the Houck family secretly recorded grand jury proceedings. But there are still no charges, and there won't be, because it's been too long and the statute of limitations has passed, according to Nelson County Commonwealth's Attorney Terry Geoghegan.
"Brooks Houck shows her how to run the recording ... tells her he wants a tape of it," special prosecutor Shane Young, who's assigned to the Rogers murder case, said Thursday, referencing Houck and his sister.
"To make sure everyone's story is consistent, been stated before, the truth will set you free. Problem in this matter, the truth will imprison Brooks Houck."
Grand jury proceedings are secret. Regular members of the public are chosen to be on a grand jury and determine whether someone should face criminal charges. They don't decide whether a defendant is guilty. Tthat's what a jury does.
Geoghegan said he subpoenaed the Houck family within two weeks of Rogers' disappearance back in 2015 and interviewed members of the Houck family. He said, at the time, there was no reason to believe they had recorded the grand jury proceedings. Geoghegan said when the FBI searched Houck's mother Rosemary's farm years later, it found the recordings in a jacket in a closet.
He said the family took micro-recorders into the grand jury room that could be easily hidden in a pocket. Young talked about the recordings Thursday.
"The defendant's sister, Rhonda Mcllvoy-Houck, brother Nickolas Houck, mother Rosemary Houck, brother-in-law Alex Mcllvoy and Rosemary Houck's live-in boyfriend, Larry, all recorded, secretly brought in recorders and recorded the grand jury," Young said. "I've been practicing, your honor, for 25 years in this state. I have yet to hear of anyone recording a grand jury."
"The other way you can look at that is law enforcement comes out and says 'You're the prime suspect' and released evidence that gets you excoriated on podcasts and medias and signs in yards," said Brian Butler, Brooks Houck's attorney. "Who in their right mind wouldn't want to know what's being said?"
Geoghegan said if the recordings were discovered in 2015, the Houcks could have been charged with contempt of court. It's a misdemeanor with a fine of up to $1,000 and a year in jail, but misdemeanors can only be prosecuted within one year of the crime, so Geoghegan said too much time has passed to charge anyone now.
Geoghegan said, at the time, investigators already had the rifle believed to have killed Tommy Ballard, Rogers' father.
He said investigators had already ordered testing on the bullets and were focused on the murder and possible kidnapping of Rogers, so they decided not to pursue the misdemeanor and there were statute of limitations concerns too.
Related Stories:
- 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
- Judge upholds court ruling denying Sherry Ballard the right to see her grandson until custody case resolved
- Judge rules Crystal Rogers' son can no longer see his grandmother, Sherry Ballard
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