Hearing in former DHS employee case rescheduled for late July

Ryan Patterson, The Leader-Telegram, Eau Claire, Wis.
·1 min read

Jun. 16—EAU CLAIRE — A hearing in the criminal case of a former Eau Claire County Department of Human Services employee was moved back about six weeks on Wednesday.

Zer Yang Xiong Smith, a former DHS employee, is charged with four felony counts of fraudulent writings by a corporation officer and five misdemeanor counts of fraudulent use of a credit card. Each felony carries a maximum sentence of six years in prison and a fine of $10,000. Each misdemeanor carries a maximum sentence of nine months in prison and a fine of $10,000.

During an intake hearing Wednesday, Harry Hertel, Smith's defense attorney, asked that the case be rescheduled until Eau Claire County District Attorney Gary King returns to work. Judge Emily Long scheduled the next hearing at 9:30 a.m. July 26 and a pretrial conference, which is closed to the public, at 3:30 p.m. June 30.

Hertel said he has spoken with King, the prosecuting attorney in Smith's case, and that the two sides are "very close" to agreeing on a plea deal for Smith.

King is currently on a two-week voluntary leave of absence. He is accused of workplace sexual harassment and allegedly was intoxicated in the courtroom. Last week, Gov. Tony Evers appointed a special commissioner to hold a hearing on King's behavior. The commissioner will determine whether investigations are needed and will report on the findings.