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.
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:
"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.
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.
- GUILTY: Jury returns verdict for one of three accused in fatal shooting; defense tries to have case thrown out
- ACCUSED OF MURDER: Three men will stand trial in Kenosha County
- CHARGED: New felony murder charge filed in death of Kenosha man
- Two charged in shooting death of Anthony Edwards