In the lengthy appeal, Houck argues the state never proved Crystal Rogers was ever murdered
LOUISVILLE, Ky. (WDRB) — Attorneys for Brooks Houck filed an appeal with the Kentucky Supreme Court, asking that his murder conviction in the death of Crystal Rogers be overturned.
In the appeal, Houck argues the state never proved Rogers — his girlfriend at the time of her 2015 disappearance — was actually murdered.
“The jury could not figure out who supposedly killed Crystal Rogers,” the appeal states. “That is understandable, as there was insufficient evidence that Crystal Rogers was killed at all, as the Commonwealth failed to present sufficient evidence to rule out the very real possibility that Crystal was abducted from the Bluegrass Parkway after having a flat tire.”
Houck also criticized Judge Charles Simms III, claiming the judge should have recused himself after an earlier comment referring to Houck as the “prime suspect in the disappearance and presumed death of his previous girlfriend.”
Despite this, the case went to trial, during which Houck claims three additional errors occurred:
-
Brooks and co-defendant Joseph Lawson were tried together.
-
The court failed to remove potential jurors who knew about Steve Lawson’s conviction related to Crystal Rogers’ disappearance.
-
Prejudicial hearsay evidence from multiple witnesses was allowed.
The 69-page appeal revisits much of the weeklong trial, questioning witness testimony and raising concerns about jury impartiality.
“… when the Commonwealth is unable to produce the alleged victim’s body, it must provide other evidence sufficient to establish that the alleged victim was killed — a confession, an eyewitness to violence toward the alleged victim, a crime scene,” the appeal states. It adds that prosecutors never produced evidence of the following:
-
Crystal Rogers’s body: Never found, and no evidence showed she had been killed.
-
A confession: Houck has consistently maintained his innocence.
-
An eyewitness of violence: No evidence Houck ever acted violently toward Rogers.
-
A crime scene: Prosecutors admitted they had “no idea” where the alleged murder occurred.
-
A murder weapon: No weapon or explanation of how the alleged murder took place was presented.
“In the absence of any actual evidence of Crystal Rogers’s death, the jury was left to speculate as to whether Crystal Rogers is actually dead,” the appeal says. “The jury’s speculation that Crystal Rogers is dead is not a substitute for evidence of her death. Accordingly, Brooks’s conviction for murder cannot stand.”
The 10-day trial, beginning June 24, included more than 50 witnesses, cellphone data, expert testimony, surveillance videos, and recorded interrogations.
Rogers, a 35-year-old mother of five from Nelson County, was last seen during the Fourth of July weekend in 2015 with Houck. Her car was found abandoned on the Bluegrass Parkway days later, still running, with her purse and other belongings inside. Despite extensive searches, she has never been found.
Although no physical evidence — such as a body, weapon, or crime scene — was presented, the prosecution focused on Houck’s actions before and after Rogers disappeared.
Houck admitted he was with Rogers from about 7 p.m. until midnight on July 3, 2015, at his family farm. Prosecutors say he lied about his whereabouts, claiming he had been running errands when he was actually at the farm most of the day.
After Rogers vanished, Houck did not respond to multiple texts and calls from her family but did answer a call from his mother, Rosemary Houck. He also claimed Rogers stayed up on her phone after they returned home, but records show her phone battery died at 9:23 p.m., while they were still at the farm.
In September, Houck and co-defendant Joseph Lawson were sentenced in Nelson County. Circuit Court Judge Charles Simms III gave Houck a life sentence and Lawson 25 years, the maximum under Kentucky law.
Lawson’s father, Steve Lawson, had previously been sentenced to 17 years in connection with the case.
Leave a Comment