Gov.-elect Jim Gibbons will not be prosecuted on allegations that he assaulted cocktail waitress Chrissy Mazzeo three weeks before Election Day, but authorities are continuing to investigate whether anyone attempted to influence Mazzeo’s statements to authorities.
“We review cases to determine if there is sufficient evidence to go forward at trial, and we felt we did not have a provable case,” Roger said. “We looked at the totality of the evidence in making our decision.”
Mazzeo was disappointed with Roger’s decision. “The only thing I can say is our system sucks,” the 32-year-old Las Vegas Valley resident said. “I actually even said that if he (Gibbons) apologized to me, I would drop everything. And he wasn’t man enough to actually apologize. But he knows the truth, and I know the truth.”
Mazzeo’s lawyer, Richard Wright, said Wednesday that Mazzeo has no intentions of filing a lawsuit against Gibbons.
“Never did,” Wright said.
Gibbons’ spokesman, Brent Boynton, said: “The results are no surprise to us. It’s been over for us for a long time. … Anyone who knows Jim Gibbons knows he did nothing improper, and we have known all along this would be the outcome.”
As for Gibbons’ version of the incident, police said that a 32-minute gap existed in his initial account of the night on which Mazzeo alleged he assaulted her.
In his second interview with police, Gibbons said he thought he and Mazzeo separated at approximately 10:15 p.m. But when detectives checked computerized hotel records, it showed he entered his room at 10:47 p.m.
“When questioned about the discrepancy in time, Gibbons said he remembered attempting to open the rear gate to the hotel,” police wrote. “However, the gate wouldn’t open. He then walked around to the front of the hotel and realized he didn’t have his key. He thought he may have dropped the key card. Gibbons said he retraced his steps back the rear gate of the hotel and found his key card lying on the ground. Gibbons said he didn’t know how long it took him to locate his room key.”
During Gibbons first statement to police, he had not mentioned the search for the key card.
Julie Vick, a waitress who originally told police that the atmosphere at Gibbons’ restaurant booth was “flirty” and that dirty jokes were being told, later “clarified the comment by saying everyone at the table seemed to be having a good time, drinking and laughing,” police wrote. “Vick said she witnessed no behavior at the table she would consider inappropriate or of a sexual nature.”
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District Attorney David Roger concluded that his review of a Metro Police investigation found insufficient evidence to prove criminal battery charges against Gibbons beyond a reasonable doubt. But Roger said there is reason to continue investigating allegations of attempts to silence Mazzeo after the incident.
As part of that investigation, the district attorney’s office said it recently subpoenaed cell phone records of witnesses, including Gibbons’ political consultant Sig Rogich and Mazzeo’s friend Pennie Puhek, both of whom were drinking with Gibbons and Mazzeo at McCormick & Schmick’s in the Hughes Center on Oct. 13 before the encounter.
Police did not provide those phone records for the district attorney. Sources close to Metro’s investigation said last month that the department had intended to obtain those documents.
The district attorney also subpoenaed the cell phone records of private investigator David Groover, who attempted to contact Mazzeo on behalf of the Gibbons camp after the incident. Roger, however, said Wednesday that “based upon the evidence known to us at this time, we do not believe Mr. Gibbons was directly or indirectly involved with this activity.”
Mazzeo, a 32-year-old single mother and cocktail waitress, declined to press charges Oct. 14, telling police she didn’t want to take on a powerful political figure like Gibbons. Later, however, she told reporters she had done so after being pressured into keeping silent by Puhek and the Gibbons campaign.
Mazzeo telephoned Puhek minutes after her first of three 911 calls on the night of Oct. 13.
Over the next five days, police said, Puhek’s phone number appeared on Mazzeo’s cell phone records 16 times. Police said Mazzeo telephoned Puhek six times Oct. 14, but there is no record of Puhek calling Mazzeo that day. There were, however, three unidentified blocked calls to Mazzeo on Oct. 14
