After two days and six witnesses, the defense in the trial of Crystal Rogers investigation suspects Brooks Houck and Joseph Lawson rested their case Thursday.
Houck’s defense attorney Brian Butler called Dr. Jeffrey Neuschatz, a professor of psychology at the University of Alabama Huntsville, who the court accepted as an expert “on cognitive psychology regarding police interviews.” Neuschatz testified that a person’s memory of a specific event can be impacted by multiple factors including exposure time, the amount of time that has passed since the event, and language choices made when asked about the event. He also testified on how post-event information can change or contaminate a memory. Neuschatz testified that the Reid technique, a nine-step method often used by law enforcement during interrogations, has been criticized by experts, and said organizations such as The Exoneration Project say the Reid technique can lead to “perjured testimony, false accusations, and official misconduct.” He testified that coercive tactics can be problematic to an investigation because they result in statements based on what the subject is being asked to do rather than their accurate statement.
Neuschatz was asked by the defense to review Kentucky State Police interviews of Charlie Girdley and Heather Snellen, who were called as prosecution witnesses in the case, and he testified that he identified more than 300 tactics of coercive questioning in both interviews. Clips were played from the interviews with Neuschatz explaining instances of tactics. Neuschatz testified that in his experience studying and reviewing police interviews, “These are some of the most coercive interviews I have seen.”
The defense next called Denver Butler, a retired police sergeant formerly with the Louisville Metro Police Department and the founder of Clemency Investigations, a nonprofit which conducts independent reviews of cases “with an actual claim of innocence.” The court accepted Butler as an expert on police investigations. He was asked about the multiple searches that have taken place over the course of the investigation, with Butler testifying that it was valid for law enforcement to continue searching for evidence in the case as DNA can survive years after a crime. One of the searches Butler was asked about was conducted in August of 2020 at 108 North Howard Road, a house Houck’s company built. Butler testified that investigators dug up the driveway and porch of the home, and while women’s underwear and clothing were discovered along with hairs, law enforcement found the items didn’t belong to Rogers and her DNA was not found on any of the items. On cross examination, Special Prosecutor Shane Young asked Butler if it is possible to kill somebody and not leave any bodily fluids, Butler testified that it is “possible, but not likely.”
After the defense rested its case, Nelson Circuit Judge Charles Simms III dismissed the jury to review motions for directed verdict of acquittal filed by both defenses, with Simms again denying the motions stating that enough evidence had been presented for a jury to deliberate. Simms asked the prosecution and defense to submit their arguments on jury instructions to him by Sunday morning. They will convene at 8:15 a.m. CDT Monday at the Warren County Justice Center to discuss any final motions, after which the jury will return to the courtroom at 9 a.m. to hear closing arguments.
