Victim Records Triggers Appeals Court Hearing in Curt Johnson Case

Both the prosecution and the defense in the Curt Johnson child sex assault case appealed a ruling by Judge Eugene Gasiorkiewicz that allowed the victim to keep her medical records sealed and the door open for her testify.

This is an unusual move since the Johnson case remains in progress, and in a story running in The Journal Times, a Milwaukee attorney is quoted as saying there must be an extraordinary reason. The Second Court of Appeals in Waukesha will hear arguments and is expected to issue a ruling in March because Johnson's case is scheduled for trial on April 23.

Johnson is one of the billionaire heirs to the SC Johnson fortune and former head of Diversey, Inc. in Mount Pleasant. He was with multiple counts of first degree sexual assault of a same child and released on a $500,000 cash bond that kept him in the state and made him surrender his passport. In August 2010, Gasiorkiewicz to Arizona for treatment, for business and to .

On Nov. 29, saying the victim's records can remain sealed and she will be allowed to testify though the jury will be instructed that information withheld should be assumed to help the defense. He also re-ordered her to turn over her records for an in camera review, but still gave her options: issue a written statement saying she will comply or restate her right to privilege.

It is this opinion that both sides are appealing; the prosecution wants the court to simply order the release of the records, and the defense wants the victim barred from testifying if she doesn't release her records.

There is a status hearing in the Johnson case on Mon., Jan. 9.