Court asked to review ruling in Rhodes case

Diana Sahagun

Thursday, March 1, 2001 | 11:05 a.m.

Deputy Attorney General Greg Hojnowski this morning filed an appeal with the Nevada Supreme Court challenging a decision by District Judge Michael Cherry to dismiss a felony charge against North Las Vegas City Councilman John Rhodes.

He also asked the court to review a decision by the judge to keep two insurance fraud cases against Rhodes separate, meaning Rhodes will go to trial twice.

Hojnowski is hoping the two cases, stemming from alleged burglaries in 1997 and 1998, will be combined.

Cherry ruled Jan. 26 that the state attorney general's office missed by two days the deadline to file a false insurance claim against Rhodes -- one relating to an alleged burglary in 1997.

Cherry also set a June 11 trial date for Rhodes' other fraud case stemming from a 1998 alleged burglary.

Hojnowski said this morning that he filed the appeal to get clarification on the statute of limitations.

"When does an insurance company learn it's been victimized?" he said.

Rhodes' attorney, Robert Lucherini, argued that because State Farm cut Rhodes' check on Aug. 1, 1997, the attorney general's office had only until Aug. 1 of last year to bring an indictment.

The attorney general's office took the 1997 case to the grand jury on Aug. 3.

Cherry apparently agreed and dropped the false insurance claim charge. However, because Rhodes didn't cash the check until Aug. 20, 1997, he found that the attorney general acted within the statute of limitations as far as the charge of obtaining money under false pretenses.

As a result, one charge remains from the 1997 insurance claim and two remain for the 1998 case.

Rhodes, who is running for re-election, would be forced to step down from his council seat if he is convicted of a felony.