Hyde prosecutors: No need for labor expert to testify

A prosecutor argued Wednesday that defense attorneys for Sharon Hyde should not be allowed to call an expert in labor law to testify when Hyde’s theft trial begins later this month.

Hyde, 60, is charged with collecting more than $100,000 in pay for hours she did not work between 1999 and 2009 as director of the Creative Playtime Preschool, a village-run day care center.

Hyde, the wife of former Island Lake mayor Thomas Hyde, faces a mandatory prison sentence of six to 30 years if convicted.

Her defense team argues, and the village board passed a resolution declaring, that Hyde was a salaried employee who was paid the same amount every week regardless of the hours she worked.

Defense attorneys Charles Smith and Brian Smith told Circuit Judge Fred Foreman they want Benjamin Gehrt, an expert in labor law, to testify at Hyde’s trial that is scheduled to begin April 25.

Brian Smith said because Island Lake village records do not contain a document stating flatly that Hyde was a salaried employee, Gehrt will be able to explain to jurors how other village records should lead them to make that conclusion.

Gehrt has examined some village records pertaining to Hyde’s employment, Smith said, and will be able to use those records with his understanding of the federal and state laws governing employment status to clarify the issues for the jury.

But Assistant State’s Attorney Christen Bishop countered that the defense has already won the right to present opinion evidence as to Hyde’s employment status.

Bishop said witnesses are scheduled to be called to testify about the village board resolution, which was passed several months after Hyde was indicted, and village attorneys are expected to testify about their understanding of Hyde’s employment status.

Anything Gehrt would testify to would be too far removed from firsthand knowledge of the issues in the case to be relevant, Bishop argued, and should not be allowed in the case. Circuit Judge Fred Foreman said he would review the documentation both lawyers submitted in support of their arguments, and rule on the question April 11.