Curt Johnson Child Sex Assault Case Still on Hold
The state Supreme Court has not determined if it will take up whether or not the alleged victim witness can continue withholding her medical records but still testify.
The child sex assault case against Curt Johnson remains on hold.
On Friday, attorneys for the state and the defense met in Judge Eugene Gasiokiewicz's courtroom for a status conference. Attorney Richard Hall, one of Johnson's defense attorneys, appeared via telephone. Assistant District Attorney Robert Repischak and defense attorney Michael Hart appeared in person.
The parties, including the court, were trying to determine if the state Supreme Court has decided to hear a petition for review filed by the Attorney General on behalf of the state. At issue is a Court of Appeals ruling that allows the alleged victim to uphold her claim to privacy and not turn over her medical records.
On June 8, Gasiorkiewicz agreed the case should be halted until the Supreme Court makes its decision.
This is the second status conference in regard to whether or not Johnson's case gets on the high court's calendar. While the justices are in recess for the months of July and August, they do review cases and they can sometimes make determinations for which cases they will hear even without a formal meeting.
Hart suggested that the next status conference be set for the first week of Septemeber since the high court is considered officially not in session in August. Gasiorkiewicz and Repischak agreed.
The judge made sure to let both sides know that he's moving over to probate as part of the regular bi-annual rotation of judges, but he will retain authority over the Johnson case. He will now be located on the sixth floor of the Racine County Courthouse.
"I am going to retain control over certain criminal cases like this one because of my historical knowledge," he said.
The next status conference is set for Sept. 7 at 1:15 pm.
The case against Johnson was to have gone to trial April 23, but Gasiorkiewicz granted the state's request for a continuance because of trouble securing witnesses. Later that same day, the Court of Appeals issued a stay
Johnson was charged on March 24, 2011 with first-degree sexual assault of the same child for having inappropriate contact with a young girl several times over a number of years. Since then, he pleaded not guilty and was released on $500,000 bail.
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.