Kentucky's 'Crystal Rogers Act' heads to House for a vote

LOUISVILLE, Ky. (WDRB) — A bill filed to crack down on illegal recordings of grand jury testimony in Kentucky advanced Wednesday.

The legislation was sparked by the Crystal Rogers case after Brooks Houck and his family secretly recorded a grand jury. But because the statute of limitations had run out, no one was charged.

Sherry Ballard, Crystal Rogers' mother, is fighting to change that. She reached out to her local representative, Rep. Candy Massaroni, R-Bardstown, hoping to change state law.

"This bill is to protect the integrity of the grand jury and to extend the statute of limitations for anybody secretly recording grand jury testimony," Massaroni said Wednesday.

House Bill 305, called the Crystal Rogers Act, would extend the statute of limitations from one year to 10 years. It would also extend the statute of limitations for unlawfully sharing grand jury testimony from one year to five.

In the Rogers murder investigation, the recordings weren't found until years later during an FBI search. They were found by investigators in pants pockets and a bag full of bingo stamps. But the Houck family was not charged the statute of limitations had already passed.

Ballard gave emotional testimony in front of lawmakers in Frankfort on Wednesday.

"I cannot express the devastation my family felt knowing that this whole family had recorded their testimonies, and there was nothing we could do about it," Ballard said. "I know this will not help my family, but hopefully it will help another family and they will not feel the pain that my family has had to go through."

The bill is intended to "deter improper disclosures that can jeopardize investigations, erode judicial confidence and retraumatize families."

The Kentucky Commonwealth's Attorneys Association is in favor of the bill, and highlighted how dangerous it is for secret grand jury proceedings to be recorded and leaked.

Jackie Steele, Commonwealth's Attorney for the 27th Judicial Circuit, said illegally recording grand jury proceedings "can affect drug investigations and even lead to the sale of sensitive testimony on the black market."

Steele said secrecy "is essential to prevent witnesses from tailoring their testimony" to "cover for somebody."

The bill was passed unanimously by the House Judiciary Committee Wednesday morning. It now heads to the full House for a vote.

To learn more about SB 305, click here.

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