The girl at the center of the child sex assault case against billionaire Curt Johnson was a no-show in court Monday despite being ordered to appear.

Johnson – son of of the late Sam Johnson of SC Johnson – was supposed to go to trial Monday for first degree repeated sexual assault of a same child. He is accused of touching his stepdaughter inappropriately, kissing her and asking her to have sex with him over a period of several years, beginning when she was in seventh grade. The girl is now 18 and lives in North Carolina with her mother.

Racine County Circuit Court Judge Eugene Gasiorkiewicz ordered the teen to court Monday because she was still under a subpeona, and a North Carolina judged agreed before learning the trial wasn’t going forward, a story in The Journal Times reads.

The delay is because the state Supreme Court has yet to make a decision about the ruling they passed down last summer that upheld an appellate court decision that said the alleged victim in the case could withhold her medical records but that she would be allowed to testify in the case against her stepfather.

Defense lawyers for Johnson filed a motion to reconsider, saying the high court violated its own rules for arriving at the decision while the state says the justices acted appropriately.

Monday, Gasiorkiewicz agreed the North Carolina judge’s decision to not enforce the subpeona was the right way to go, the JT story reads, but he is frustrated with the continued delay of Johnson’s trial.

Another conference update is scheduled for Feb. 10.

Johnson was charged in March 2011 after allegedly making statements to a therapist in Arizona, and he plead not guilty in April 2011.

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