A settlement conference and plea hearing has been scheduled for Curt Rude for Thursday, Jan. 22 in Olmsted County Court.

Rude, who is on unpaid leave as captain of the Austin Police Department, is charged with felony theft, felony fifth-degree controlled substance crime, and gross misdemeanor interference with property in official custody.

Rude testified during a hearing Sept. 9 that he was under authority to remove two bottles of the prescription drug Oxycontin located in a disposal bin in the APD evidence room on Dec. 6, 2007, and therefore, the theft charged should be dismissed.

Earlier this month, Olmsted County Judge Kevin Lund ruled to deny dismissing the charge.

Rude was elected to the Austin School Board the same day — Dec. 6 — as the alleged crime occurred. He still serves on the board as clerk.

Although Rude is charged in Mower County, his case has been held in Olmsted County because of a conflict with judges.

Attorney Ross Leuning, who is serving as a special assistant Mower County attorney on this case, explained today that a settlement hearing essentially gives both parties the opportunity to negotiate.

“It does not mean anything is settled,” he said.

If the case is not resolved during that hearing, a pretrial will be scheduled, followed by a trial the following week.

Rude’s attorney, Terence Maus of Rochester, could not be reached by deadline today.

The settlement conference and plea hearing is scheduled for 10:30 a.m. Jan. 22 in Courtroom 5 at the Olmsted County Courthouse.