Community Corner
Supreme Court Rules that Victim in Johnson Case Can Testify
Now that the state Supreme Court has issued their decision, the child sex assault case against Curt Johnson can continue in Racine County Circuit Court.
The alleged victim at the center of the Curt Johnson child sex assault case can be called to testify even if she continues to withhold her medical records for privacy reasons, the state Supreme Court has ruled.
Four justices - Abrahamson, Bradley, Roggensack, and Ziegler - agreed with the appellate court that the girl can continue to claim privilege with her medical records but they disagreed that she would then be barred from testifying. They published their opinion Wednesday.
In part, their opinion reads:
A majority of thecourt concludes that in this case, the circuit court may notrequire production of the privately-held, privileged mental health records for in camera review. Second, under varying rationales, a majority of the court concludes that the privilege-holder may testify in this case.
The court's decision means they are remanding the case back to Racine County Circuit Court Judge Eugene Gasiorkiewicz.
How the state will proceed is still a question. Racine County District Attorney Rich Chiapete said he expects to schedule a trial date at Johnson's July 11 status hearing.
"Now that the high court has made a decision, we expect to schedule a trial date next week," he said.
Justices heard arguments in February from both sides on whether or not the victim in the case can both withhold her medical records for privacy reasons and testify or if she will be barred from testifying because she is withholding her medical records.
It's an unusual twist in the case against Johnson, one of the billionaire heirs to the Johnson family fortune. He is accused of inappropriately touching his now teenage step-daughter multiple times over a number of years and asking her to have sex with him.
Johnson was taken into custody in March 2011 after allegedly admitting his behavior to a therapist in Arizona. That counselor reported the information to the Racine County Human Services who then contacted the Racine County Sheriff's office.
If convicted, Johnson faces up to 40 years in prison.
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