Correction: A previous version of this story incorrectly reported a motion to disqualify Judge Charles Simms in the Brooks Houck case had been denied. The special prosecutor for the Commonwealth of Kentucky filed a motion objecting to the removal of Simms, stating the defense has not proven the judge is biased against Houck. The error has been corrected. (Nov. 15, 2023)

BARDSTOWN, Ky. — The special prosecutor for the Commonwealth of Kentucky in the Brooks Houck trial, has filed a motion objecting to the removal of Judge Charles Simms. Houck’s attorneys claim Simms is biased against their client.

Houck’s attorneys, Brian Butler and Michael Denbow, argue that Judge Simms is biased against Houck, citing a $10 million bond and comments made by the judge in an unrelated case.

The prosecutors’ motion said 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 the bond. It also noted the comments made by the judge were not directed at Houck and therefore did not show bias against him.

Attorneys for the Commonwealth said Houck “failed to meet his burden for disqualification of Judge Simms.”

Houck’s attorneys originally appealed to the Kentucky Supreme Court to move the case out of the Nelson County Circuit Court for the same reasons. Chief Justice Laurence VanMeter dismissed that motion, ruling that they needed to make the appeal in the circuit court.

On Oct. 10, Simms denied a motion by Houck’s attorneys to have the bond reduced.

Houck is charged with murder in the death of his former girlfriend, Crystal Rogers. She disappeared in 2015. Houck entered a not guilty plea at his arraignment on Oct. 5. He is scheduled to be back in court in Feb. 2024.