11/6/2009 10:06:04 AM

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By Janice Gregorson and Kurt Nesbitt

Post-Bulletin, Austin MN 

ROCHESTER -- A guilty verdict for a felony against an Austin police captain and school board member will likely end his police career, but it is unclear how the conviction would affect his status on the school board.

After six hours of deliberations, an Olmsted County jury returned a split verdict Thursday for Curt Rude, 50, who was accused of taking drugs from the department evidence room.

Jurors found Rude not guilty of felony theft, but guilty of felony fifth-degree controlled substance crime. They also found him guilty of a gross misdemeanor of interfering with property in official custody.

But Judge Kevin Lund told attorneys he would look favorably on giving Rude a probationary or diversionary sentence sometimes provided to first-time drug offenders, which, if successfully completed, would erase the conviction, according to his attorney, Peter Wold. The judge would conditionally defer adjudication at the time of sentencing, which is set for Dec. 21.

Austin Superintendent David Krenz said the district will likely refer to the Minnesota School Board Association for direction on how to handle the conviction.

"The law doesn't say anything about a stay of adjudication. It's silent on it," said Greg Abbott, spokesman for the MSBA. "It just says a person convicted of a felony can't serve and that's for people running for the board. A lot of this is gray area."

School board member Diana Wangsness said she attended Rude's trial as a family friend and to offer Rude support. She said she wouldn't comment on what the board might do.

"I sat through the two-day trial. I was very surprised at the verdict. He was just being very human. It was a very human thing to do," said Wangsness. "Yes. he's a police officer but he's also very human. I'm just sad."

Prosecutor Ross Leuning said he does not anticipate Rude will be given any jail sentence, but could be ordered to pay a fine.

But, Wold said, that won't help Rude get back his job with the Austin Police Department, where he worked for 23 years prior to being put on unpaid leave of absence two years ago.

"Practically speaking, his career in law enforcement is done. It's over. He knows that,'' Wold said.

Rude paced in the courtroom moments before the jury came back with its verdict shortly before 6 p.m. His wife, Peggy, put her head in her hands and cried as the guilty verdicts were read. Family members left the courtroom quietly. Wold said Rude would not make a public statement at this time.

Leuning said jurors had some "very tough issues" to resolve in their deliberations. The trial began Monday with jury selection, and jury deliberations began at 11:30 a.m. Thursday.

Twice, they sent messages to the judge that they had questions about wording in the elements of two of the charges.

"There are no winners in this case," Austin Police Chief Paul Philipp said in a statement, adding that laws apply equally to all.

Staff writer Tim Ruzek contributed to this report.

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