.

Judge Orders Victim in Johnson Child Sex Assault Case to Turn Over Records

In a 40-page opinion, Judge Eugene Gasiorkiewicz denied a defense request that the victim not be allowed to testify if she doesn't turn over her records.

The alleged victim in the Curtis Johnson sexual assault case can testify without releasing her medical and mental health records, Racine County Circuit Court Judge Eugene Gasiokiewicz ruled Tuesday. 

Gasiokiewicz denied motions by both sides in the case, which involves the billionaire heir to the SC Johnson fortune. Johnson lives in Caledonia. But the crux of the ruling is that the victim will be able to testify in the case. The defense had hoped to prevent her testimony because she refused to release medical records showing she could not accurately recall events in the case. 

In his opinion filed with the court on Tuesday, Nov. 29, Gasiokiewicz ordered the victim to turn over her medical and mental health records for an in camera review. An in camera review means the judge reads through the records in chambers and makes a determination if anything can or should be given to the parties in the case.

Gasiokiewicz denied a motion from the state to issue a subpoena duces tecum, which would have compelled the victim to turn over her records. He also denied a motion from the defense to bar the victim from testifying because she maintains her refusal.

His reason for denying the state's request is based on the victim's right to privilege, and he said that same right is not reason to bar her from testifying should the case go to trial.

"Barring victim testimony is an inappropriate sanction for the assertion of (her) statutory communication privilege," he wrote.

Further, Gasiokiewicz noted the defense's contradictory stance regarding the victim's ability to accurately recollect the events in question. In the body of the opinion, he states that the defense cannot on the one hand say the victim's medical or mental health condition impairs her memory and on the other hand recognize that the victim has full comprehension of the process.

While the judge did order the victim to comply, he also gave her a couple of outs: she can confirm she will comply and then produce the records in 20 days with an agreement for the in camera review; or reconfirm her assertion of statutory communication privilege.

If she chooses to uphold her privilege, the judge will still allow her to testify and uphold her privilege. But that also means the jury will receive instructions that what the victim withholds by denying the review of her records could be helpful to the defense. Not turning over her records will also limit the defense's potential cross-examination of the victim as it pertains to her privilege.

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 .

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. On Nov. 10, he said he would render an opinion "in a couple of weeks" on how to move forward.

Heather Rayne Geyer December 03, 2011 at 03:46 PM
The reporter on this story knows all of the facts that any other reporter knows. She has made the responsible decision not to plaster the identity of the victim all over the site as other sites/mediums have. She is using compassion and integrity - you still have all of the facts. I don't get why you feel the need to attack the writer.
Shari M. Evans December 03, 2011 at 08:07 PM
Who attacked the writer, H-R-G? The only mistake I made in that post was putting an "s" after lives. So I'll correct that..."Reporters obviously live..." And you definitely have this right, "The reporter on this story knows all of the facts that any other reporter knows"...and the point is, why publish anything at all, when we could all just go to ONE source and take that information? BECAUSE, people have brains and wish to explore many views, but are limited by the lame "facts" that are published by reporters in today's news because they too have agendas. And nothing at all in the papers does not sell newspapers. Follow the trail of money with all stories and you get a clearer picture than the news out there today. The excuse of protection? LOL If they were worried about this child's protection than everyone would be acting on correcting the matter...error would be thrown in the minor's direction, not in the adult's. This will end up being swept under the table...until the PSU/Syracuse type widening of investigation comes out in finding other victims. Historically/clinically, very few middle age men start now with this type of behavior. Now before you think I'm bashing the family company...no one said that they were bad, but this son is and serving time works much better than treatment.
Heather Rayne Geyer December 03, 2011 at 08:35 PM
I agree and probably feel the exact same way. I have NO tolerance for this disgusting sexually deviant behavior. I think the victim is being used AGAIN. I have many thoughts on the issue and HAVE seen much censorship on other local outlets protecting the abuser not the victim. HOWEVER, I know the people who run this Patch and write for them myself. And I assure you that this decision was made for no other reason than professional and personal integrity and compassion. Trust me, I am just as angry about this case and wish I could say A LOT more!!
Shari M. Evans December 04, 2011 at 11:47 PM
Ok, Heather, let's agree to agree on the sicko...and the victim being manipulated. The rest we'll leave to others to source out the true detailed info on their own. Though I have some suggestions where they could look. LOL
Shari M. Evans December 04, 2011 at 11:50 PM
It's always about money. And now regret that it got beyond family matters. Now it's both lawyers (even though different sides) being paid by the same family. Love to be a lawyer in this easy money making percentage.

Boards

More »
Got a question? Something on your mind? Talk to your community, directly.
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors.What's on your mind?What's on your mind?Make an announcement, speak your mind, or sell somethingPost something
See more »