11/3/2009 12:27:13 PM

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By Janice Gregorson

Post-Bulletin, Rochester MN 

Opening arguments began this morning in the felony case of an Austin police captain accused of taking drugs from an evidence room.

	What happened: Jury selection was completed today in the trial of the Austin police Capt. Curt Rude, accused of felony theft related to the removal of drugs from an evidence room. Why it matters: Rude is the No. 2 officer on the Austin police force. He also serves on the Austin School Board. He's been suspended from APD but continues to serve on the school board. What comes next: Opening arguments begin today in a trial expected to take approximately three days.

A jury of nine women and five men were sworn in this morning in the case of Capt. Curt Rude.

On Monday, the prospective jurors were quizzed by the judge and attorneys on their perspectives of police.

"What do you think when a police officer is on trial?"

"Does it make you nervous to judge a captain of a police force?"

Those were among the key issues raised by Minneapolis attorney Peter Wold on Monday afternoon, as he questioned prospective jurors who will decide if Wold's client, a longtime Austin police officer, committed a crime two years ago.

Rude, 50, has pleaded not guilty to charges of felony theft, felony fifth-degree controlled substance crime and gross misdemeanor interfering with property in official custody. He has been on leave without pay since last year.

Rude was charged in December 2007 with taking a bottle of OxyContin from the Austin Police Department's property room. At that time, he was a captain with the Austin department and second-in-command. He has been with the department 23 years. He has since been on unpaid administrative leave.

The trial could last the remainder of the week. The case is being heard in Olmsted County on a change of venue. It is being prosecuted by Ross Leuning, a senior assistant Olmsted County attorney, and presided over by Olmsted District Judge Kevin Lund, both to avoid any conflict of interest in Mower County, where the charges were filed.

Prior to bringing in prospective jurors, Lund ruled on a couple of pre-trial motions. Co-defense attorney Aaron Morrison wanted jurors to know that a urine test of Rude analyzed by the Minnesota Bureau of Criminal Apprehension was negative for OxyContin.

Leuning objected.

The judge said it is not relevant and will be admissible only if Leuning "opens the door" in his case against Rude.

A pool of 40 prospective jurors completed a juror questionnaire before even being called to the courtroom. They were asked about their knowledge of the case and if they had formed an opinion. Two said they had, and they were released from service. Five others said they had heard about the case but had not formed an opinion.

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