Supreme Court Decision Expected Wednesday in Johnson Child Sex Assault Case

The state Supreme Court will issue its decision Wednesday on a matter central to the Curt Johnson child sex assault case and how it moves forward in local criminal court.

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.

At issue is an appellate court ruling, which stated that as long as the alleged victim withholds her medical records, she does not have to testify. The AG's office filed the appeal on May 17, 2012, one day short of the deadline.

The Court of Appeals Second District panel upheld part of the original ruling by Racine County Circuit Court Judge Eugene Gasiorkiewicz, agreeing that the victim has the right to keep her medical records private. But, the appellate judges disagreed with the lower court saying the victim would still be called to testify.

Racine County District Attorney Rich Chiapete said last fall that the case is out of his hands until the Supreme Court makes a determination.

"Everything now is coming from the AG's office," he said. "They filed the appeal so the case is in their hands for now. Once the high court makes a decision, the case comes back to the circuit court."

But, how the state proceeds hinges on the high court's ruling. Patch has a message into Chiapete about the DA's options, and we will update this story after we speak with him.

If convicted, Johnson faces up to 40 years in prison.