A district judge has denied motions to dismiss criminal charges against an Austin police captain accused of illegally taking prescription drugs from the department's evidence room last year.
Capt. Curt Rude, a 23-year veteran with the Austin Police Department, is charged with two felonies and one gross misdemeanor. His attorney, Terry Maus of Rochester, moved to have the charges dismissed for lack of probable cause he committed any crime.
An omnibus hearing was held in September and Olmsted District Judge Kevin Lund took the motion under advisement. Lund's order was issued today.
Maus said this morning that Lund has denied the motions to dismiss the charges and they will proceed to trial on all of the charges.
Authorities allege that Rude illegally took a package containing the prescription painkiller Oxycotin from the police evidence room and that he was illegally in possession of the drug. Both of those counts are felonies. He also is charged with a gross misdemeanor of interfering with property in official custody. The charges stem from alleged activity on Nov. 6, 2007. Rude is on administrative leave from the police department.
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