Columnist Jeff German: Justice not only blind but lame

Wednesday, May 14, 2003 | 11:55 a.m.

Jeff German's column appears Tuesdays, Wednesdays, Fridays and Sundays in the Sun. Reach him at german@lasvegassun.com or (702) 259-4067.

The case of Michael Pellegrino vs. Robert Scott Rasmussen is an example of why our justice system moves slowly.

Pellegrino, a 75-year-old retired Army veteran, and Rasmussen, a 37-year-old defense attorney, crossed paths the afternoon of July 6, 2000.

Pellegrino, who is 5-foot-5 and 160 pounds, was walking across the busy intersection of Valley View Boulevard and Sahara Avenue on his way to the grocery store when his path was blocked by a Jeep Grand Cherokee, driven by Rasmussen's wife, Elizabeth, who was taking the attorney home from an eye appointment.

Forced to leave the crosswalk, Pellegrino yelled obscenities at Rasmussen's wife as he skirted the back of the Jeep. The 6-foot-3, 240-pound Rasmussen didn't like what he heard from the passenger side, so he jumped out and allegedly began pummeling Pellegrino until the senior citizen fell down and injured his knee. Rasmussen jumped back into the vehicle and the couple sped off, as witnesses jotted down the license number and called 911.

It looked like an easy battery case for police to put together. But the district attorney's office found that there was insufficient evidence to charge Rasmussen with felony battery. No one in the office Tuesday could explain why the charge wasn't filed, and we may never know. Records explaining the rejection were shredded by the D.A.'s office. That's routine when the office declines a case.

Police persuaded the city attorney to file a misdemeanor battery charge against Rasmussen, but his lawyer, Randall Pike, said the charge was negotiated down to jaywalking. Rasmussen contended he was only trying to protect his wife and their three young children who were in the Grand Cherokee.

Pellegrino then sued Rasmussen in September 2000 hoping to get compensation for his injured knee (he needs a knee replacement), but he hasn't had much luck in the civil proceedings, either.

"They're looking at me as a senior citizen they can push around," Pellegrino said. "It's a big joke. I've been limping for three years."

On Oct. 1, 2001, the case was declared a priority for a trial date under state law because Pellegrino is over 70. The trial was supposed to have taken place within 120 days of that order, but for one reason or another, primarily a series of continuances requested by Rasmussen's lawyers, the trial still hasn't occurred.

Tempers flared at a recent court hearing, when Robert Groesbeck, Pellegrino's attorney, suggested Rasmussen's lawyers were trying to stall the case until Pellegrino dies.

On Monday the case, now in front of District Judge Ron Parraguirre, was postponed indefinitely again.

Is Rasmussen getting special treament because he's part of the legal fraternity? No one is willing to admit that is happening.

District Court Administrator Chuck Short said the system simply is clogged.

If that's the case, fix the system. Provide more incentives to settle cases. Don't let judges grant continuances so easily. Do whatever it takes.

But stop penalizing senior citizens like Michael Pellegrino.