Statements Curtis Johnson reportedly made to his therapist about sexually assaulting a child will be allowed as evidence during his criminal trial.
Johnson was charged this spring with a felony count of repeatedly sexually assaulting a child. If convicted, Johnson could face up to 40 years imprisonment, which could include time in prison and on supervision.
Racine County Felony Court Judge Eugene A. Gasiorkiewicz decided to allow the statements Friday afternoon during a motion hearing, which included three motions filed by Johnson's attorneys. Gasiorkiewicz will also unseal some of the documents pertaining to Johnson, but information regarding the alleged victim in the case will remain sealed. Gasiorkiewicz will also look at the girl’s medical and mental health records to determine what information could be entered as evidence.
Johnson appeared with his two attorneys, Mark Richards and Michael Hart. During the motion hearing, Johnson seemed passive and unmoved by the decisions.
In the criminal complaint, it is alleged that Johnson touched the victim on multiple occasions, exposed himself and asked the girl to have sex with him. The girl refused and also stated that she could not remember the age she was when the abuse began.
The former head of Sturtevant-based Diversey, Johnson lives in Caledonia and is the billionaire son of the late Sam Johnson. Diversey was sold in June.
According to the criminal complaint, the victim told investigators “there was a ‘touching problem’ with him (Johnson) and that Curt has a sex addiction and is addicted to sex and is very sexual.”
The victim reported that the alleged sexual abuse happened “on more than one occasion” and happened at Johnson’s residence on North Green Bay Road in .
One motion asked for the statements that Johnson made to his Arizona therapist to be excluded under therapist/patient privilege. However, Gasiorkiewicz said Johnson’s statements to the therapist would be allowed as evidence because they are not hearsay if the person who heard the statements would testify in court. He also said that Johnson’s statements about the alleged sexual abuse were exempt from being protected by doctor-patient privilege.
“It is more logical for this court to conclude that once the defendant chose to present himself to an Arizona health care provider, he did so at his own risk with the provider being compliant with the Arizona mandatory reporting requirements,” Gasiorkiewicz said. “This court rejects the notion that his reluctance to further discuss the assertion and call for a lawyer after the utterance essentially serves to negate the assertions freely stated in the Arizona health care provider and rejects the notion that the defendant’s assertions are tantamount to a right of self-incrimination, council or privilege.”
Michael Hart, one of Johnson’s attorneys, objected to Gasiorkiewicz’s ruling.
“I understand the court’s ruling,” Hart said. “This is my issue. But just to protect the record, these cases are real tight. We object to the court’s ruling, although we understand.”
The second motion asked for Gasiorkiewicz to look at the girl’s medical and mental health records to determine what information should be allowed as evidence.
The third motion focused on sealing and unsealing of certain documents in the case, Gasiorkiewicz said.
“The people have the right to know the operations of their government, including the judicial branch ... The court will unseal the matters regarding the defendant. However, what will remain intact will be the seal regarding the alleged victim in this matter,” he ruled.
Last month, Johnson's attorneys succeeded in their attempt to have the . He is now allowed to travel outside the state for treatment, business and to go to North Carolina to visit his wife, who