Charges imminent against Austin police captain

By Paul Walsh, Star Tribune

Last update: December 17, 2007 - 8:53 AM

Charges could come as soon as today against a captain in the Austin, Minn., Police Department.

A criminal complaint "is in the process of being prepared," Olmsted County Attorney Mark Ostrem said in a news release. Olmsted has the case out of Mower County to avoid any potential conflict of interest.

No details have surfaced regarding precisely what Capt. Curt Rude is suspected of doing.

Ostrem said his office has completed its review of the case, and he is awaiting a final review by the state Bureau of Criminal Apprehension before charges can be filed. "As such, we anticipate that the complaint will be filed on Monday or Tuesday," Ostrem said.

Rude, who has been with the Police Department for more than 20 years, has been on paid administrative leave since Nov. 12. Just a week earlier, he won election to the Austin School Board.

PAUL WALSH

Rude Charged with Multiple Felonies

(KAAL) - A high-ranking Austin police officer faces three counts of felony.

A criminal complaint was filed against Captain Curt Rude in Mower County District Court.

It follows independent, outside investigations by the BCA and the Olmsted County Attorney's office.

Rude is accused of tampering with the painkiller Oxycontin that was sitting in the department's evidence locker.

According to the criminal complaint, a fellow police officer spotted Captain Rude with two prescription bottles and an evidence bag on November 7.

When Police Chief Paul Philipp confronted Rude about the pill bottles, Rude admitted he took from the evidence locker.

Five days later, on November 12, Rude was put on paid leave.

Philipp declined to comment about the contents of the complaint but says the department acknowledges the charges.

"Captain Rude has a long history of excellent service to the citizens of Austin and these charges sadden us all,” he says.

The complaint says those charges include stealing Oxycontin from the locker, keeping the pills in his possession and tampering with evidence.

The pills were connected to the drug case of Mark Johnson.

Johnson, a former reporter at KAAL-TV, was convicted of selling Oxycontin to a police informant last December.

He died of an apparent drug overdose this past May at his home.

When asked why Rude stole drugs related to Johnson, the complaint quotes Rude as saying, "Perhaps I crossed the line. Maybe I felt close to mark and his death has always troubled me."

City Administrator Jim Hurm says he has never seen a situation like this in Austin.

And until he and other city officials determine what to do, Rude will remain on paid leave.

"We hope that these matters will be resolved swiftly and fairly to benefit the citizens of Austin and Captain Rude,” says Chief Philipp.

Just a week before Rude went on leave, voters elected him to a four-year term on Austin’s school board.

Austin Public School Superintendent Dr. Candace Raskin tells ABC 6 NEWS that there is no rule about being charged with a crime that would stop Rude from taking office January 7.

But she hopes Rude would quote "make decisions based on what's in the best interest of kids."

A court date for Rude has yet to be scheduled.

If convicted of the felony counts, he could face several years in prison.

ABC 6 NEWS tried to contact Rude but our calls were not returned.

To view the criminal complaint against Curt Rude: http://www.co.olmsted.mn.us/departments ... plaint.pdf

Maybe it was an honest, albeit stupid, mistake and maybe it wasn't. Sure looks bad, though. I hear cops don't do so well in prison.

Captain faces two felonies
By MIA SIMPSON/mia.simpson@austindailyherald.com

On the same day he’s scheduled to take his school board seat, Austin Police Captain Curt Rude will appear in Mower County District Court for charges filed Monday by the Olmsted County Attorney’s Office, who allege Rude took two prescription pill bottles filed as evidence against Mark Johnson, a KAAL-TV crime reporter who died of an Oxycontin overdose March 26 after pleading guilty to drug charges.

“The captain has a long history of excellent service with the city of Austin, and this news saddens us all,” Chief Paul Philipp read from a statement Monday night.

Rude is charged with felony theft, felony 5th degree drug crime and gross misdemeanor interference with property in official custody for removing the disposed bag, which bore Johnson’s name, from the evidence room, according to the summons signed Dec. 17 by Mower County special prosecuting attorney Ross Leuning, who works in Olmsted County.

According to the criminal complaint, Officer Joe Milli approached Philipp around 8 a.m. Nov. 7 after allegedly seeing Rude handling two prescription bottles in the department’s training room.

The complaint said Milli told the chief he’d seen Rude standing over the sink with the two bottles in his hand, which Rude allegedly tried to conceal when confronted. An evidence bag sat nearby on the counter, Milli alleged.

According to the complaint, Milli said Rude, who appeared “visible shaken and startled,” changed the subject to some keys he claimed to be searching for, while simultaneously appearing to take the items off the counter to hide in his pants pocket.

The complaint said Milli thought Rude may have been disposing evidence, but saw nothing in the sink and no sign of water.

That same day, Philipp spoke with Rude, who initially denied possession of the prescription bottles, saying he spoke with Milli about the keys.

“Chief Philipp pressed Captain Rude about the issue assuring him that Officer Milli had surely seen something and didn’t want to jerk him around,” the complaint said. “Captain Rude stopped talking and sat there staring away from Chief Philipp for about 20-30 seconds, then put both hands on the table, stood up and said, ‘Paul, follow me.’”

Rude took Philipp to a file door behind his desk, which allegedly contained two prescription bottles he said belonged to Johnson.

The complaint said Rude told Philipp that he noticed an evidence bag bearing Johnson’s name while looking at a decorative ax in a barrel, which contained disposed evidence.

Rude said he picked up one bag to examine it, thinking “these are what killed Mark,” according to the complaint.

He allegedly said he couldn’t remember how long he’d been looking at the bottles before taking them to the training room while he looked for keys. The complaint said he admitted to looking at the bottles again and sticking them in his pocket after Milli walked in, as well as putting the bottles in his desk and then his credenza after the incident.

When Philipp asked Rude why he took the bottles from the evidence room, the complaint said he paused before saying, “I don’t know, maybe because they killed Mark.”

“Perhaps I crossed the line, maybe I felt close to Mark and his death has always troubled me,” he allegedly said.

Rude retold this account to two agents from the Bureau of Criminal Apprehension, which entered the investigation Nov. 13. He allegedly added that he’d been looking for a billfold in the evidence room when he noticed the ax-type item in the barrel, the complaint said.

An agent also spoke to a woman, identified as J.B., who said Rude confided in her about taking the bottles because of their link to Johnson, the complaint said.

She allegedly said Rude told her he planned to look up information about Oxycontin.

Johnson pleaded guilty Aug. 11, 2006, to felony 3rd degree drug crime for selling 10 pills of Oxycontin to a police informant at his home near Sumner Elementary School May 15. A second more severe drug charge — 2nd degree drug sale in a school zone — was dismissed as part of the plea agreement.

During a hearing for a pre-trial violation, he said he’d been using the drug since the 1970s for back pain and entered a drug treatment program following his arrest. He was found dead in his bathroom March 25 from a suspected overdose.

Rude was placed on paid administrative leave Nov. 12, six days after he was elected to the Austin School Board. Philipp had refused to disclose why Rude had been suspended, saying state law prohibited him from doing so, and still declined to comment on charges.

The theft charge carries a maximum penalty of 10 years in prison or $20,000 in fines; for 5th degree controlled substance crime, the maximum penalty is 5 years imprisonment or $10,000 fine.

Rude’s future with the department will likely be determined by the police civil service commission, according to Philipp, after his trial concludes.

“It’s really a matter of what happens next,” he said.

City administrator Jim Hurm said he will meet with Philipp, city attorney David Hoversten and human resources director Tricia Wiechmann to decide whether Rude will remain on paid administrative leave.

“We just need to research this to make sure we don’t make any mistakes,” Hurm said.

Officer pleads not guilty in alleged drug theft

By Chao Xiong, Star Tribune

Last update: January 7, 2008 - 11:45 AM

AUSTIN, Minn – Austin police captain Curt Rude pleaded not guilty this morning in Mower County District Court to stealing the drug OxyContin from the police department’s evidence room.

Rude will be sworn in at noon today as a new member of the Austin School Board. He was elected to the board the same day he allegedly took the drugs in November.

Rude declined to comment after his court appearance. His attorney Terry Maus said Rude is anxious to go to trial and prove that he is innocent of the felony charges.

“He’s a good officer, “ said Maus.

Rude is on unpaid suspension until the matter is finished. He is working to become a truck driver so he can support his wife and three kids, Maus said.