“It’s shocking and outrageous:” Former Kenosha police officer admits to planting evidence in murder case

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KENOSHA COUNTY (WITI) -- Questions over a murder conviction could lead to a former Kenosha police officer facing criminal charges. Just this week, he testified that he planted evidence while investigating a deadly shooting.

"It's shocking and outrageous to think evidence is planted in a case to convict somebody," Terry Rose said.

Markese Tibbs

Markese Tibbs

Rose is the attorney for 20-year-old Markese Tibbs. Tibbs is one of three people charged in this case. Rose says he didn't know about the planted evidence until the lawyer for another defendant, 23-year-old Joseph-Jamal Brantley told him about it last week.

Tibbs, Brantley and 20-year-old Brandon Horak are charged in the shooting death of Anthony Edwards.  Edwards was found dead near 65th and Sheridan Road in Kenosha on April 14th, 2014. Police say Edwards was driving a car — and ended up driving the car into a home. Police believe the shooting occurred in the area of 58th Street and 11th Avenue.

Court records show the shooting occurred after a disputed marijuana sale.

FOX6 News has obtained a transcript of former Kenosha Police Officer Kyle Baars' testimony:

Joseph-Jamal Brantley

Joseph-Jamal Brantley

"When asked 'did you plant Mr. Tibbs' ID at the scene of 1208 59th Street?' Baars replied 'yes.' And when asked 'is the truth, in fact, that you planted that .22 caliber bullet in the bedroom?' Baars again replied 'yes.'"

"I asked him why -- certainly a question you'd like to know, I'd like to know and he said 'I can't tell you.' And I said 'you can't or you won't?' and he said 'I won't,'" Kenosha Police Chief John Morrissey said.

Chief Morrissey says he was notified about possible misconduct by Baars in January. Morrissey says Baars resigned on January 18th.

"The ID, the bullet -- it's at least my understanding it really plays no significance into the case to begin with, which makes it more bizarre why he did what he did," Chief Morrissey said.

"Is this a smoking gun? I think this is -- when you plant somebody's identification with a bullet from the home of the investigating officer in the bookbag of defendant Tibbs?" Rose said.

Brandon Horak

Brandon Horak

Despite Baars' testimony, on Monday, a jury convicted Brantley on all four charges he faced in this case: first degree reckless homicide, armed robbery, first degree recklessly endangering safety and carrying a concealed weapon. Brantley's lawyer has moved to dismiss the charges -- a move Rose says makes sense.

"Did they have evidence over and above that to convict them? I think so, but regardless, it's the outrageousness of this act," Rose said.

Tibbs has pleaded guilty to the charges he faces in this case: felony murder, armed robbery and first degree recklessly endangering safety. He is set to be sentenced next week -- on Thursday, March 12th. Rose says Baars' alleged misconduct should allow Tibbs to withdraw his plea, but Rose says they haven't decided whether that's what they'll do.

The Milwaukee County District Attorney's Office is investigating Baars for misconduct at the request of the Kenosha County District Attorney's Office.

Meanwhile, the third man charged in this case, 20-year-old Brandon Horak (charged with felony murder) has a status conference scheduled for Thursday, March 5th.

READ IT: Transcript of former Kenosha Police Officer Kyle Baars testimony in Kenosha County Court.

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5 comments

  • Mr. Bob

    Can’t explain why the cop would do this but obviously he is wrong and should be sent to jail for his actions. The other 3 are guilty beyond a reasonable doubt without this evidence so send them where they belong to jail!!!

  • Opinion8d

    Mr Rose (the attorney) believes that even though without that evidence they would still be convicted, but since it’s so outrageous, we should just let these guys off. Maybe they could stay at your house Mr. Rose!? What about justice for the victim?

  • Amelia Royko Maurer

    KENOSHA WILL TRY TO BURY THIS STORY. PLEASE SHARE, EMAIL AND TWEET IT, FAR AND WIDE. In this interview, Kenosha Police Chief John Morrissey has the demeanor of someone who is familiar with this level of deceit and corruption and for good reason. What is unfamiliar to him is the act of voluntarily coming clean, as this officer has demonstrated so bravely.

    Sadly, Kenosha WI has proven again that they are incapable of delivering a clean investigation of the loss of a human being’s life – an investigation with an outcome that poses dire consequences for those under the microscope.

    What else about this investigation is tainted?

    How many officers is justice waiting on, to come clean?

    How does Chief Morrissey grapple with the lack of knowing how and when his own acts of deceit and corruption will make headlines?

    The positives for Kyle Baars is that he has, for this case, a clean conscience and thus can no longer work for Chief Morrissey and the city of Kenosha. One positive piece for all of us is, the blue curtains around this country are, one way or another, coming down.

  • Melissa

    The stupid moronic move on the part of the former officer does NOT negate the murder or the parts each of these POS killer apes played. Period.

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