Two former Milwaukee County prosecutors charged with corruption in cover-up of case dismissal

Two former prosecutors in the Milwaukee County District Attorney's Office were charged Tuesday with trying to cover up why one had inexplicably dismissed a case against a man who had injured a Fox Point police officer last summer. 

Antoni Apollo, 36, once a rising star in the homicide unit of the district attorney's office, and Kristin Schrank, 33, a sensitive-crimes prosecutor until her resignation in October, each face misdemeanor counts of attempted misconduct in office by using discretion in a way inconsistent with duties.  Each is charged as a party to a crime.  Neither answered a reporter's calls seeking more information.

Parts of the incident raised suspicions almost immediately but took weeks of investigation, including reviews of emails and texts and video before a Kenosha County prosecutor filed the misdemeanor charges.

Milwaukee County Chief Deputy District Attorney Kent Lovern said after an initial internal review revealed possible criminal violations, his office asked the Kenosha County district attorney to investigate. Schrank was suspended in early September.  The case is being prosecuted by Kenosha County Deputy District Attorney Angelina Gabriele.

According to court records:

On July 16, Fox Point police arrested Orlando Trimble, 43, on a charge of first-offense drunken driving. They also sought charges for obstructing and felony resisting arrest because an officer was injured trying to take him into custody. Trimble also was injured and taken to a hospital as a result of hitting his head on the ground during the arrest.

One of the arresting officers called the "Duty DA" phone for advice about whether to get a search warrant for a blood sample. Told that Schrank was on duty that night, the officer was surprised when a man answered.

The officer explained the situation and Apollo — who had left the DA's office in March — advised getting a warrant for a blood sample. When asked for his name, Apollo gave that of an intern in the DA's office.

A Fox Point police captain thought it odd that an intern would be advising on search warrants, so he called the number back and eventually spoke with Schrank, who said she had been in the shower that night and a friend had taken the call for her but assured the captain everything was fine.

Assistant District Attorney Randy Sitzberger charged Trimble with obstructing, though not the felony of resisting. At Trimble's initial appearance July 19,  Schrank appeared — though it wasn't her case or assignment that day — and dismissed the case without explanation.

That did not affect the municipal charges of first-offense drunken driving.

She later told the injured Fox Point officer that she dismissed for various reasons — that Trimble was a former law enforcement officer with medical issues and was raising a claim of excessive force, and even that "juries in Milwaukee don't like cops."

Texts between Apollo and Schrank showed Schrank had asked him to take the duty phone overnight on July 16 because it was a particularly busy night at the restaurant where she worked part-time.

Later texts showed that another assistant DA was asking about the intern's name in the affidavit for the blood sample search warrant. Apollo told Schrank he had panicked and given the intern's name to the Fox Point officer.

"I'm freaking out," she texted. "I didn't handle it well this morning. I just acted like Fox Point is crazy."

Apollo tells her she needs to get the situation under control, and that she should dismiss the case. "Say it's too circumstantial."

On the day of the initial appearance, she texts Apollo, "It's a private attorney. Still dismiss? I'm panicking big time."

After she drops the case, she texts Apollo, "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 ass."