Wednesday, April 18, 2001 | 11:35 a.m.
District Judge Michael Cherry has postponed an early June trial date for North Las Vegas City Councilman John Rhodes. A status check on the case has been set for June 19.
Rhodes was scheduled to go to trial June 11 on two charges of insurance fraud in connection with an alleged home burglary in 1998.
Cherry has not set a trial date regarding another case, in which Rhodes faces one count of insurance fraud in connection with an alleged home burglary in 1997.
Cherry also threw out a motion Tuesday for proposed jury instruction by Rhodes' attorney, Robert Lucherini.
Still, Deputy Attorney General Greg Hojnowski -- who is prosecuting Rhodes -- and Lucherini are applauding the decision. Lucherini will appeal the decision to the Nevada Supreme Court, which Hojnowski says will set new legal ground on insurance fraud statute.
In his motion Lucherini argues that Rhodes did misrepresent certain facts relating to a golf clubs that were allegedly stolen from his home in 1998. He argues that although Rhodes made false statements they do not rise to the level of fraud.
According to grand jury transcripts, Rhodes told State Farm Insurance officials that everything in his home was taken during the burglary, except the bed. A set of $1,800 Callaway golf clubs was among the items allegedly stolen.
Rhodes told investigators the man who sold him the clubs, Mike Farino, had died. Rhodes produced a receipt for the clubs, which was alleged to have been doctored. Farino, who is alive and was eventually contacted by investigators said he had never sold golf clubs to Rhodes, according to grand jury transcripts.
Lucherini said although Rhodes produced a false receipt, the golf clubs were stolen, and he deserves to be paid for the loss.
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