An investigator with the Milwaukee County District Attorney's Office says there is no evidence to support dismissing a use of force case against a Fox Point police officer - a dismissal which two former county prosecutors are now accused of covering up.
Antoni Apollo and Kristin Schrank are both charged with misconduct in public office. Schrank reportedly dismissed the case filed against a man accused of injuring the police officer.
According to the warrant Fox Point police officers responded to a report of a drunk driver last July. When the suspect resisted arrest an officer took him to the ground. The suspect was injured, and according to the warrant, so was the officer.
Because the suspect refused a sobriety test, one of the responding officers contacted the on-call prosecutor for advice on how to proceed. Former prosecutor Kristin Schrank was supposed to answer the phone. According to the criminal complaint, she asked Antoni Apollo to cover for her, even though Apollo was no longer employed by the DA's office.
The criminal complaint says Apollo answered the phone and claimed to be an intern. He then advised the officer on the case.
A few days later Schrank dismissed the "obstructing an officer" case, with no explanation. According to the DA's investigator, Schrank sent a text to Apollo after that court hearing saying "it's dismissed. It's going to come out and look like i did it/lied. And got rid of a criminal case to cover my own a***."
When a captain with the Fox Point Police Department questioned why the charge was dropped, Schrank's case notes indicated the officer used excessive force and was not giving lawful commands - claims the DA's inspector calls unsubstantiated.
We reached out to the DA's office about the criminal case that was dropped. It's now being re-reviewed for the same charges. We were also told there was an internal investigation into Schrank's other cases and "no further action is necessary at this point."
Schrank resigned from the DA's office in October.