Former Harris County District Attorney Chuck Rosenthal testified Tuesday in the case that ultimately led to his resignation.

Sean and Erik Ibarra claim Harris County Sheriff’s deputies violated their civil rights. The brothers were arrested for videotaping a search during a drug raid at a neighbor’s house.

Rosenthal testified he never ordered an investigation into the Ibarra brothers' allegations they were wrongly arrested.

An arrest, Rosenthal acknowledged for the first time Tuesday, that may have been unwarranted.  

"I don't recall anything in the offense report that somebody should have been arrested for what they did,” Rosenthal said on the stand.

Rosenthal also testified about sheriff's deputies seizing and destroying photos and video from the scene.

"I did not see anything in the offense report that would have allowed the destruction of evidence without a court order,” he testified.

Despite that, Rosenthal referred the matter to assistant prosecutor Joe Owmby and Owmby ultimately decided to close the file.

On the stand, Rosenthal said he had every confidence in Owmby and was satisfied he looked into the allegations.

The Ibarra brothers were ultimately cleared of wrongdoing and are seeking $5 million in damages.

The trial is expected to last a few more weeks.

As for those controversial e-mails? Rosenthal still faces a contempt of court hearing for allegedly deleting e-mails subpoenaed as evidence in the Ibarra brothers’ case. That hearing is set for March 14.