Austin Police Capt. Curt Rude will appear in Olmsted County District Court Sept. 9 for an omnibus hearing, which was postponed May 15 because of a scheduling conflict with the special prosecutor, according to Mower County court administration.

Rude has been put on unpaid administrative leave after he was charged with allegedly removing prescription drugs from the police evidence room Nov. 6. He faces felony theft, felony fifth-degree controlled substance crime, and gross misdemeanor interference with property in official custody.

Rude planned on challenging the validity of the charges during the omnibus hearing, according to his lawyer, Terence Maus, who said Rude’s position as captain gave him authority to remove the evidence from its designated room.