A new filing asks prosecutors to point to one lie among 33 recordings- before this case reaches a jury.

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Nick Houck's defense team just filed something that gets at the heart of the perjury case against him: a demand that prosecutors say, in plain terms, which of the 33 recordings in this case actually contains the lie.

Attorney Michael Ferguson filed a "Notice Motion Bill of Particulars" Monday in Nelson Circuit Court on behalf of Houck. In plain English, a bill of particulars is a formal request asking the Commonwealth to spell out the specifics of its case- not just the legal charge, but the who, what, when, and where behind it.

Here's what Ferguson is asking Judge Charles Simms to force prosecutors to answer:

  • Discovery in the case includes 33 separate recordings and transcripts, plus 11 named witnesses and an unspecified number of "unknown grand jurors." Ferguson wants to know exactly which of those 33 pieces of evidence contains the "material false statement" at the center of the charge- down to the date, time, and specific recording.
  • He's also asking prosecutors to identify what evidence proves Houck didn't believe the statement was true when he made it- a required element of first-degree perjury under Kentucky law.
  • The filing argues that before this case can even go to a jury, the judge has to first rule, as a matter of law, that the alleged false statement was legally "material"- meaning it mattered to the underlying proceeding.
  • Ferguson is asking the court to give the Commonwealth five days to respond once the motion is granted.

In short: Houck is charged with one Class D felony count of perjury, but the underlying case spans years of evidence, and the defense says it's still not clear which single statement is actually at issue.

Nick Houck Trial Witnesses, Evidence Revealed
A new court filing in the Nick Houck perjury case reveals the evidence, three grand jury dates, and a witness list spanning a decade of investigation.
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