MADISON – Despite Curt Johnson’s purported admission that he inappropriately touched his stepdaughter, his defense attorney told five Wisconsin Supreme Court justices on Monday that’s not the case.
The heir to the Johnson family household products fortune is accused of repeatedly molesting his teenage stepdaughter. The issue of Johnson’s defense to the accusations came as the justices peppered his attorney with questions, along with a prosecutor for the state Department of Justice, who have appealed a lower court’s ruling in Johnson’s Racine County child sexual assault case.
“Just so I understand: So Mr. Johnson has denied sexual contact with (the girl), so that’s his defense?” Wisconsin Supreme Court Justice Pat Roggensack asked defense attorney Mark Richards during oral arguments Monday before the state’s highest court.
“Yes,” he responded.
He is seeking the ability to force the teen’s confidential medical records to be released for a Racine County judge’s private review to determine whether the records contain information that’s potentially pertinent to the criminal case. But she has refused to waive her privacy rights, staunchly opposing release of the records.
Johnson, 57, is charged with repeated sexual assault of the same child for allegedly molesting his teenage stepdaughter. Johnson, of Wind Point, is the former chairman of Diversey Inc. and a son of the late SC Johnson chairman Sam Johnson.
Richards said they are seeking the records to determine whether she ever reported her sexual assault allegations in therapy. He argued that two therapists who met with her never reported accusations of sexual abuse at Johnson’s hands – which they legally were required to do had she confessed it to them.
“So your inference is since they didn’t report it, it didn’t happen,” Justice Annette Ziegler cut in.
“Partially,” Richards said.
He said he also wants to learn the root cause of the teen’s problem or “angst” with Johnson, one of the reasons the family previously was in counseling.
“So you want that to bolster your case. She didn’t report it to the counselors so it didn’t happen,” she said. “So why not just elicit that testimony without the records?”
Richards said that’s because defense lawyers couldn’t prove what the teen would say would be true.
Assistant Attorney General Marguerite Moeller said defense lawyers haven’t indicated why they think the girl would have made false accusations against Johnson.
Johnson didn’t attend Monday’s arguments, nor was he expected to.
Racine County prosecutors charged him in March 2011 after his then-15-year-old stepdaughter accused him of sexually assaulting her for three years, beginning when she was 12 years old, according to court documents.
The allegations surfaced, according to lawyers on Monday, when Johnson purportedly told his therapist in Arizona that he inappropriately touched his “daughter.”
“He does have a daughter,” Richards told the justices. “The disclosure of (alleged abuse by his stepdaughter) to the mother predates that.”
The stepdaughter, now nearly 18, and her mother live out of state.
“This is a case we see all too often around the state. My concern is for collusion and coercion,” Justice Ann Walsh Bradley said. “I understand there is no assertion in this case of collusion and coercion — but it exists in other cases around the state.”
She said a relative, such as the mother, could put pressure on the child not to release private medical records so the alleged abuser — the mother’s boyfriend or husband – winds up having criminal charges dropped. That doesn’t seem like the proper balance among the rights of the defendant, accuser and the public, Bradley said.
But Johnson’s stepdaughter has an attorney, as does her mother, Johnson’s wife, Richards said.
“There is no allegation of collusion,” he said. “(Prosecutors contend) all these prosecutions are going to be barred (and mothers and daughters will arrange for that.) I believe that argument is fallacy put forth by the government that the sky is gonna fall.”
However, Moeller said defense attorneys also do not want any of the stepdaughter’s comments — made to people outside of court — used during Johnson’s trial. That would be a double blow to prosecutors.
“I don’t see how you could possibly proceed (with the prosecution),” she told the justices. “(Does an alleged victim’s privacy privilege) have to bow to a defendant’s constitutional rights? ... Here, the whole thing was triggered by Johnson’s admission in Arizona.”