Posted at: 11/03/2009 7:27 PM
By: Donny Rowles

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Day Two in Rude Trial

(ABC 6 NEWS) -- Suspended police Austin Police Captain Curt Rude says he did take Oxycontin pills from the department's evidence locker.
 
But he says he took them to investigate them, not to use them himself or to sell them.
 
Tuesday was day two of Curt Rude's trial for allegedly stealing evidence, possessing a controlled substance and interfering with official police property.
 
The jury was seated, and after opening arguments both sides agree that Curt Rude did take the pills from the evidence room.
 
Right now one side is trying to prove he committed crimes by doing that, while the other says he was just doing an independent investigation of the drugs, on his own.
 
The most notable person who took the stand today was Rude's former boss - Police Chief Paul Phillip took the stand, and while he testified against his former number two guy - he also called him a long time, close friend and a good cop.
 
Austin Police Officer Joe Mille says he saw Curt Rude acting anxious and breathing heavily while holding what looked like an evidence bag with prescription pill bottles in it - in an area outside the evidence room. 
 
Mille brought up his concerns to Austin Police Chief Paul Phillip.
 
Phillip says he asked Rude if he had prescription bottles from the evidence room and Rude initially said no but soon after admitted to having the drugs.
 
A few days later, Phillip turned the investigation over to the Minnesota Bureau of Criminal Apprehension. 
 
After that the prosecutor says Rude admitted to having the bottles of Oxycontin that his friend overdosed on, because he wanted to learn more about the drug. 
 
The defense countered that Rude was a dedicated officer and is not guilty of tampering or stealing evidence because he was investigating the drugs on his own and he never took them outside the police department.
 
The defense also says Rude told investigators that he never used any of the drugs, a claim that Philipp supported when he told jurors that none of the pills were missing from the bottles.