BARDSTOWN, Ky. (FOX 56) — After nearly a month, the prosecution has spoken out about Brooks Houck’s motion to remove the judge from his case.

In October, Houck’s attorneys asked to remove Judge Charles Simms III, claiming bias against him. It was argued that Simms showed bias against Houck in a family court case in 2017 and by allowing Houck’s bond to remain at $10 million in the alleged murder of his ex-girlfriend Crystal Rogers.

The defense cited a Family Court order from Simms, in which he said, 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 argued that this statement was taken out of context and directed at Maupin, not Houck.

Also, the prosecution argues the bond decision “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.”

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“The defendant has offered nothing but conclusory statements to support his motion to disqualify Judge Simms,” Young wrote. “Wherefore, as the defendant has failed to meet his burden for disqualification of Judge Simms, the Commonwealth requests this court deny the defendant’s motion.”