Briefs Filed in Curt Johnson Case About Victim's Medical Records

As ordered, motions have been filed in the Curt Johnson child sex assault case about the validity of the victim's medical records.

As of to release the girl's medical records. Through attorney Kathleen Quinn, they said the child has a right to privacy that would be violated should medical records - both mental and physical - be released even just to the judge for review. the records be turned over to him so he could review them and decide what could possibly be released to both sides of the case.

According to The Journal Times, prosecutors say they have the right to subpoena the records and disclose them to the judge, but the defense says since the records don't have evidence of a crime, a subpoena isn't appropriate. Further, Johnson's attorneys assert that if the girl's records aren't released, then she shouldn't be able to testify.

Gasiokiewicz ordered all lawyers - prosecution, defense, and for the victim - to file written explanations by 5 pm Tues., Oct. 25. He also required motions with ideas on how he should proceed.

Johnson was with first degee sexual assault of the same child. Since then, he pled guilty and was released on $500,000 bail with the conditions that he remain in the state and surrender his passport. On , allowing him to go to Arizona for therapy, to travel for business and .

But at the Sept. 23 motions hearing, the judge ruled that Johnson's alleged confession to his therapist was admissable if the counselor would testify in court, eliminating the hearsay argument from Johnson's lawyers.

“It is more logical for this court to conclude that once the defendant chose to present himself to an Arizona health care provider, he did so at his own risk with the provider being compliant with the Arizona mandatory reporting requirements,” Gasiorkiewicz said at the time.

Johnson is a member of the SC Johnson family and was head of -based Diversey, Inc. If convicted, he faces up to 40 years in prison.

The judge will review the briefs, but it is not known when he will issue a ruling. Patch will keep checking and update the story as soon as more information is known.