Attorney General Asks Supreme Court to Review Appellate Decision in Curt Johnson Case
As expected, the state Attorney General's office has asked the state Supreme Court to review the decision by the Court of Appeals in the Curt Johnson child sex assault case.
Whether or not the victim at the center of the Curt Johnson child sex assault case will testify could rest in the hands of the state Supreme Court.
The Attorney General's office today asked the state's high court to review a decision from the Court of Appeals Second District that said as long as the victim withholds her medical records, she does not have to testify. According to a story in The Journal Times, the AG's office had until tomorrow to file the request.
Racine County prosecutors wanted the lower court to force the records release so Circuit Court Judge Eugene Gasiorkiewicz can conduct an in camera review. Defense attorneys want the victim barred from testifying unless she releases her records. Both sides appealed the Nov. 29 opinion that allowed the victim her right to privacy but didn't bar her from testifying.
With a 2-1 decision, the appellate court upheld Gasiorkiewicz's ruling for an in camera review, but reversed his decision that the victim testify. Through her attorney, the victim continues to refuse to release her medical records.
The judge granted the prosecution's motion for a delay on April 23, what was to have been the first day of Johnson's criminal trial. Later that same day, the Court of Appeals issued a stay until May 18. Court records show that the next court date scheduled is June 8 for a status hearing.
Johnson was charged on March 24, 2011 with first degree sexual assault of the same child. Since then, he pleaded not guilty and was released on $500,000 bail. Since then, he pleaded not guilty and was released on $500,000 bail with the conditions that he remain in the state and surrender his passport. On Aug. 22, however, Gasiorkiewicz changed the conditions of Johnson's bond, allowing him to go to Arizona for therapy, to travel for business and to go to North Carolina to vist his wife.
One of the billionaire heirs of the SC Johnson family, Johnson ran Diversey, Inc. until Feb. 2010. At that time, he stepped down citing personal problems, and his sister, Helen Johnson-Leopold took the reins. If convicted, Johnson faces up to 40 years in prison.