Wisconsin Supreme Court justices heard arguments this week on the ongoing question about whether the alleged victim in the Curt Johnson child sex asault case has to release her medical records and if she will testify in the case.
Attorneys on both sides of the Johnson case laid out their cases before the high court on Monday. The Racine County case is on hold, pending the justices' decision on the appeal.
Johnson was charged in March 2011 with repeated sexual assault of the same child after a therapist in Arizona reported that Johnson said in therapy sessions that he inappropriately touched his stepdaughter.
As issue is whether the . Racine County Circuirt Court Judge Eugene Gasiorkiewicz ruled the victim can withhold her records, but she can also testify.
The state wants the victim's records released to the judge for his review while the defense wants the medical records released and to have her barred from testifying if she doesn't turn over her medical records.
A ruling by the 2nd District Court of Appeals in April said the victim is entitled to withhold her records, but if she does, she won't be allowed to testify. The state appealed to the high court for review of the decision.
Defense attorneys want the medical records because they don't think the alleged victim ever told therapists of the abuse, according to an article in The Journal Times, casting doubt on whether it really took place.
The state, on the other hand, pointed out this case was triggered by Johnson's supposed admission in Arizona.
The story in The Journal Times says that the justices did not give a timetable for when they will issue a decision.