Prosecutors object to request by Brooks Houck's attorneys to remove judge for alleged bias

LOUISVILLE, Ky. (WDRB) – Prosecutors in the Brooks Houck murder case have filed a motion arguing the judge in the case should not recuse himself, as Houck's attorneys have requested, because he has not "demonstrated any bias" in the case.

Last month, Houck's attorneys asked the high court to remove Judge Charles Simms III, 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 chief justice of the Kentucky Supreme Court sent the motion to remove Simms from the Houck case back to Simms to decide whether he believes he should be removed.

If Simms decides he is not biased and should remain the sitting judge — while providing his reasoning — Chief Justice Laurance B. VanMeter will then review whether or not there is reason to remove the judge.

Houck's attorneys have argued that Simms showed bias against Houck during a family court case and in allowing his bond to remain at $10 million in the alleged murder of Crystal Rogers.

In 2017, Crystal Maupin, Houck's current and longtime girlfriend, was fighting for custody of a child she had before meeting Houck.

The defense 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."

The prosecution argues that statement was taken out of context and directed at Maupin, not Houck. And they argue that the order in the case was impartial and considered the evidence presented in reaching the conclusion that Maupin's child could have contact with Houck, according to the motion.

In addition, the bond set in the murder case "was the result of the court's consideration of relevant factors for bond," Special Prosecutor Teresa Young wrote. "The court considered the nature of the offense, the substantial resources of the defendant, as well as the prior interaction with witnesses in determining the amount of bond."

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.

This story may be updated.

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