In court Thursday, attorneys for one of the three men charged in the disappearance and murder of Crystal Rogers filed two new motions hoping to delay trial.
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Crystal Rogers case: Why prosecutors don't want to DNA test hairs found in abandoned car
As the first trial for one of the men charged in the death of Crystal Rogers gets closer, attorneys are warning they won't be ready to represent their client.
In court Thursday, Steve Lawson's attorneys Darren Wolff and Zach Buckler filed a motion asking for another trial delay. They also changed course on the prosecution's request to
test two hairs found in Crystal Rogers’ car for DNA.
As the court hearing got underway, Special Prosecutor Shane Young remanded his motion to test two hairs, which Kentucky State Police (KSP) investigators discovered nearly a decade ago.
"We did not realize there were two hairs that had not been tested. And I freaked out about to be honest with you,” he told the judge, explaining he filed the motion out of an abundance of caution.
Young says after talking with a chemist, he learned the hairs did not fit the profile of Steve Lawson or his son, and co-defendant, Joseph Lawson. The hairs were 8-10 inches long and had been chemically treated, he said.
"We would anticipate Brooks Houck's hair being in the car because he used the car, so we stipulate the two hairs don’t belong to either of the Lawsons and I don’t really want to spend the state’s money,” Young explained.
The hairs were collected after KSP took custody of Rogers' car, which had been found abandoned on the side of the Bluegrass Parkway days after the Bardstown mother was reported missing.
In 2016, the state police lab said the hairs were not similar in characteristic to Rogers’ hair.
In court documents filed early Thursday morning, Lawson’s attorney teams requested access to the hair samples for their own testing. After Young remanded his motion, confirming the state did not need to test the hairs, Lawson’s attorneys doubled down that they still want to.
“The hairs may not be Joseph or Steven Lawson’s but regardless of that, if the identity is revealed to be somebody else who’s been identified as a suspect in this case or someone involved in this case, that could fundamentally alter our defense strategy to be sure,” Attorney Zack Buckler told the judge.
Buckler said because they were found in Rogers’ car, a “center point of prosecution” against their client, they need to access to the hairs and have found their own expert and lab to do the testing.
In response, Young argued the testing was unnecessary and merely an attempt to delay the trial.
“What they’re trying to do is delay this trial. They want to go behind Mr. Houck. There is some tactical advantage they’ve figured out, that is done in conjunction with Brooks Houck’s attorneys, that they want to go last. The only person that benefits is Brooks Houck”, Young said.
Judge Charles Simms denied the defense team’s request for immediate testing on the hair and instead granted another hearing to discuss the next steps.
Next week, Lawson’s attorneys’ expert will examine the hairs at the KSP Crime Lab in Frankfort and will then appear at a court hearing scheduled for Monday, April 14.
The prosecution is also expected to bring their chemist to the hearing for a discussion on the hair and future possible testing.
Another talking point in court Thursday was the future trial date. The motion was continued to the next hearing, but court documents reveal the defense team does plan to ask for a later trial.
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