BARDSTOWN, Ky. (LEX NEWS) — UPDATE: Aug. 25 at 3:45 p.m.
Nicholas Houck's defense attorney has filed a motion in Nelson Circuit Court. It asks the judge to get answers about evidence that will be used during the trial by the Commonwealth.
According to court documents, that evidence includes 33 separate recordings and transcripts and the use of a possible 11 witnesses, including an undetermined number of grand jury members.
The filing seeks to force prosecutors to identify specific evidence supporting their allegation of Houck knowingly making a material false statement. According to the defense, the current discovery is too broad to clearly identify which statement forms the basis of the charge.
The motion is scheduled to be heard on August 28, 2026, at 9 a.m.
UPDATE: Aug. 6 at 1:30 p.m.
A judge has granted a change of venue in the criminal case against Nicholas Houck, the brother of convicted murderer Houck, according to newly filed court documents.
The order, filed in Nelson Circuit Court, states that both the defense and prosecution agreed to the venue change. The court ordered that the location of the jury trial be moved under Kentucky law and said additional details regarding the new trial location and related matters will be determined in future court orders.
Original Story:
For the first time, Nick Houck, a former Bardstown police officer, walked into the Nelson County Courthouse as a defendant Thursday morning for his arraignment on a first-degree perjury charge.
His brother, Brooks Houck, was convicted last summer in Crystal Rogers' death along with two other men. Brooks Houck is currently serving a life sentence.
The Houck family, including mother Rosemary and sister Rhonda, attended the arraignment in support of Nick, just as they did during Brooks' trial.
During the arraignment, Houck appeared confused about the charge against him, leading to an exchange with the judge.
"I've been charged with perjury and I have no idea why you guys are charging me with that," Houck told the court.
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Brother of convicted murderer Brooks Houck arrested on perjury charge
The judge clarified that he doesn't charge people with crimes, prompting Houck to say he was referring to "the state police or whoever involved."
Houck appeared without an attorney, explaining that his lawyer needed more information before making a decision about representation. The judge appointed a public defender, who entered a not guilty plea on Houck's behalf and waived formal arraignment.
According to the indictment, Houck allegedly lied under oath between July 15, 2015, and April 2023. While Kentucky State Police haven't confirmed the perjury charge is tied to Rogers' case, the July 2015 date corresponds with when Houck was interrogated shortly after Rogers disappeared.
Rogers' mother, Sherry Ballard, sat just feet away during the proceeding. She said afterward that she's been pushing for perjury charges and is hopeful the truth will emerge about both her daughter's death and her late husband Tommy Ballard's unsolved murder.
"I've been waiting for that day and I've really, really pushed for these perjury charges," Ballard said. "I'm praying that he's going to be found guilty of this."
Special prosecutors who secured convictions against Brooks Houck and two others have alleged Nick Houck sold a firearm to an undercover officer using a fake name, and that the rifle's caliber and ballistics profile matched four of five testing criteria for the weapon used to kill Tommy Ballard.
However, Nick Houck has never been charged in Ballard's death.
"This is a step in the right direction," Sherry Ballard said. "I'm gonna take what I get."
Houck remains out on a $25,000 bond.
During a court appearance on July 2, a trial date was set for Nov. 9.
