State in Johnson Child Sex Case Objects to Continuing Until Appellate Decision

Prosecutors in the Curt Johnson child sex assault case objected Monday to continuing until the .

Racine Circuit Court Judge Eugene Gasiorkiewicz recognized the state's position, but said proceedings will go on as scheduled.

The state — through the Attorney General's office — has asked the Court of Appeals to halt the Circuit Court proceedings until after the appeals court decides whether the girl's medical records should be released or if she will be barred from testifying because she refuses to release her records. 

On Friday the Court of Appeals declined to grant the request to stay the proceedings and instead issued an order, requiring the circuit court respond to the issues the state raised. Johnson's attorneys can also file a response. They all have until 4 p.m. Wednesday to file their responses. 

In court Monday, at the final pre-trial hearing for Johnson's scheduled trial, Assistant District Attorney Robert Repischak objected to the circuit court continuing.

"Given that the court has counsel, I am invoking a Supreme Court ruling," he said, "I don't feel comfortable sharing information with the Court about these matters."

But the judge said he doesn't see a conflict since it is the court that has counsel and not him personally. He noted the state's objection but said they're moving forward anyway.

Until the Court of Appeals issues its decision, which Gasiorkiewicz expects later this week, attorneys were advised to continue as if the April 23 trial date is a go.

Other matters decided during the pre-trial hearing Monday included:

• Jurors will be allowed to take notes.
• A total of 14 jurors will hear the case. Two will be alternates. 
• Standard instructions will be issued to witnesses to not discuss the case or their testimony with each other.
• Questioning witnesses during trial must be done by the lawyer who begins. "If you start the questions, then you must participate through the totality of that witness's testimony," Gasiorkiewicz stated.
• Lawyers may not approach the witnesses but must instead stay behind their respective table or behind a podium if one is requested. "I'm not going to have any of you leaning on the railing of the jury box," the judge said.
• Any last offers from the prosecution will be filed with the court and presented to the defendant through his attorneys. They will have Johnson sign the offer as evidence that he understands, but the offer will then be filed in the court record and sealed until the case is concluded.

Johnson was charged March 23, 2011 with . The state last month filed motions to add three felony counts of incest by a stepparent, but because prosecutors didn't file the amended charges by Jan. 23, Gasiorkiewicz ruled against the state.

The charges came after Johnson allegedly admitted to his therapist in Arizona that he inappropriately touched a young girl. That counselor reported the information to the Racine County Human Services who then contacted the Racine County Sheriff's office.

According to the criminal complaint, the girl told police Johnson touched her, kissed her and asked her to have sex with him numerous times over several years. Now a teenager, the girl said the abuse may have started when she was in sixth or seventh grade.

Johnson is one of the billionaire heirs to the SC Johnson fortune. He was head of Mount Pleasant-based Diversey, Inc. until February 2011 when he stepped down for personal reasons.