Former prosecutors guilty, fined in failed coverup
Both plead no contest; one calls actions ‘stupid’
Two former prosecutors in the Milwaukee County district attorney’s office were fined $500 each Thursday after pleading no contest to charges they tried to cover up why one of them inexplicably dismissed a case against a man who had injured a Fox Point police officer last summer.
Antoni Apollo, 36, a former homicide prosecutor, and Kristin Schrank, 33, a sensitive-crimes prosecutor until her resignation in October, were charged in January with attempted misconduct in office, acting inconsistent with du- ties, as parties to the crime.
At their initial court appearances Thursday before Reserve Judge Michael Skwierawski,
Apollo and Schrank each pleaded no contest to the misdemeanor charge, were found guilty and fined $500.
“I’m not going to excuse either of us, but it’s not necessarily the result was ‘corruption’ or that it harmed the public,” Apollo said Friday. “It was stupid, just like the judge laid it out.”
“I’m very happy to have it behind me and that the judge decided appropriate punishment was a nominal fine.”
The couple’s bizarre case began unraveling almost from the minute it was set in motion, despite Schrank’s sense
that it wasn’t going to work.
It began in July when Schrank was on a shift as the “Duty DA,” a prosecutor who keeps a special phone law enforcement officers can call for advice after hours.
The night of July 16, Schrank expected to be extra busy at her evening waitress job and asked Apollo, who had quit the DA’s office in March, to monitor the phone for her. He took a call from a Fox Point police officer.
Police there had arrested Orlando Trimble, 43, on a charge of first-offense drunken driving. They also sought charges of obstructing and felony resisting arrest because an officer was injured trying to take Trimble 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 advised getting a warrant for a blood sample. When asked for his name, Apollo gave that of an intern in the DA’s office, and the officer referenced that name in her affidavit supporting the warrant request.
That officer’s supervisor thought it was odd an intern at the DA’s office would do that, so he called the number back. This time, Schrank answered and said she had been in the shower when the officer called, that a friend answered for her and everything was fine.
A different prosecutor charged Trimble with obstructing and he was also given municipal citations for first-offense drunken driving.
On July 19, Schrank showed up at Trimble’s initial appearance and dismissed the case without explanation.
She gave excuses to the injured Fox Point officer and different stories to the village attorney. Meanwhile, another prosecutor noticed the intern’s name in the records. The intern said he never spoke with the Fox Point officer.
By August, Schrank was suspended and District Attorney John Chisholm asked the Kenosha County DA’s office to investigate. Recovered texts between Schrank and Apollo revealed the scam.
In one, Apollo tells Schrank he panicked and gave the intern’s name. Schrank said she was “freaking out” but Apollo convinces her to dismiss the case against Trimble.
After she does, she texts Apollo, “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.” The obstruction charge was not re-issued.
As lawyers, both Apollo and Schrank must notify the Office of Lawyer Regulation that they have been convicted of a crime.
The OLR could choose to seek further sanctions, from private reprimands to suspensions from practice.
Apollo said he has been a stay-at-home father with only a part-time non-legal job since leaving the Milwaukee County DA’s office.