Marriage may hurt chances for rape case to go to trial

Keith Paul

Thursday, April 25, 2002 | 11:13 a.m.

A North Las Vegas Police detective investigating a rape allegation against a former city councilman was relieved of duty Wednesday after he revealed he married the woman making the complaint.

Another detective is finishing the case and is expected to forward it to prosecutors today or Friday to determine if former North Las Vegas City Councilman John K. Rhodes will be charged.

But the revelation that Detective Robert B. Tanner married the 31-year-old woman making the allegations likely will be detrimental to the case, said Ron Bloxham, a chief deputy Clark County district attorney who will be reviewing the case.

"It doesn't make it better," he said. "We will review the case when they submit it, but (the marriage) will be a consideration."

Rhodes, who was voted out of office last year after two terms on the city council, could not be reached for comment. Robert Lucherini, an attorney defending Rhodes in a fraud case, would not comment on the pending case.

Tanner refused to comment on the case Wednesday.

County marriage records show Tanner and the woman were married on April 14. He apparently had not met the woman until she came in for an interview in connection with her allegations. She filed a police report March 11.

Tanner told the acting police chief and his supervisors Tuesday he had married the alleged victim in the case, said Lt. Art Redcay, a department spokesman and head of the detective bureau. Tanner, 55, an officer for 31 1/2 years, was put on paid administrative leave Wednesday.

"We are conducting an internal investigation into an allegation of misconduct," Redcay said. "This reflects poorly on him and (the) department. It questions the credibility of the officer in this investigation."

The woman accused Rhodes of sexually assaulting her at his home the previous day. The woman had a prior relationship with Rhodes, but the pair were not currently dating, Redcay said.

Tanner got the report on March 13 for an investigation. He first interviewed the woman on March 18 and then one other time, police said.

Tanner, who along with Detective Jon Martin handles juvenile, sexual assault, missing persons and elderly abuse cases, had prosecutors review the case. Prosecutors suggested a search warrant be served at Rhodes' home.

Tanner started to defer actions in the case to Martin after his wedding, and it was Martin who wrote the application for a search warrant. Officers searched Rhodes' home Friday after kicking in a door because Rhodes was not home at the time. Tanner was not part of the search of the house, Redcay said.

Redcay said there is not a specific regulation in the department manual about relationships with victims or witnesses in ongoing cases. But he said it is understood that as part of a professional investigation, detectives should avoid conflicts such as becoming romantically involved with parties to an investigation.

In an unrelated case, Rhodes faces felony counts of false claims for benefit and obtaining money by false pretenses.

He was indicted in 2000 on felony charges by the state attorney general's office insurance fraud unit, related to two alleged burglaries of his home in 1997 and 1998. He is accused of filing insurance claims on items that were not stolen or he did not own. He is scheduled to go to trial later this year, but Lucherini said he expects if the case goes to court it will not be until next year.

Rhodes ran for re-election to the city council while under indictment and lost in a runoff to Robert Eliason.