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Cocktail waitress sues Gov. Gibbons, others alleging due process violation



K.M. CANNON/REVIEW-JOURNAL

Chrissy Mazzeo, the Las Vegas cocktail waitress who claimed two years ago that she was assaulted by then-gubernatorial candidate Jim Gibbons, filed a federal lawsuit against the Republican governor on Tuesday.
view lawsuit "complaint" document

The lawsuit alleges that Mazzeo's constitutional rights to due process and equal protection were violated in the alleged assault and subsequent police investigation. It seeks damages of more than $10,000.

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  • Also named in the lawsuit are Las Vegas political consultant Sig Rogich, the Metropolitan Police Department, former Sheriff Bill Young, lawyer Don Campbell and Pennie Mossett-Puhek, the friend who was with Mazzeo at the seafood restaurant where she met Gibbons on the night of Oct. 13, 2006, three weeks before Gibbons, then a member of Congress, would be elected the state's chief executive.

    Gibbons spokesman Ben Kieckhefer said the governor, in Washington, D.C., for the week, was unavailable to comment on the lawsuit. "He'll make a statement at some point in the future, when the time is right," Kieckhefer said.

    A spokesman for Rogich said he wasn't going to comment, considering it nothing more than "a publicity stunt." Young, who now works for a casino company, didn't return a call seeking comment.

    Mazzeo's lawyer on the suit, Las Vegas attorney Robert Kossack, said it was filed Tuesday because Monday, the two-year anniversary of the incident and a federal holiday, marked the end of the statute of limitations for the crimes alleged. Included with the suit was a plea to those sympathetic to Mazzeo to contribute funds to her defense.

    On that rainy night two years ago, Mazzeo and Puhek drank with Gibbons and Rogich at McCormick & Schmick's, in the Hughes Center complex near Flamingo and Paradise roads. Then, after offering to walk her to her car, Gibbons shoved Mazzeo against a parking garage wall and announced he planned to rape her, she claims.

    Mazzeo escaped Gibbons' clutches thanks to a well-timed kick in the shins, according to the suit, and called police. That's when she claims the cover-up began, with Puhek, a Republican, relaying threats from Rogich and trying to get Mazzeo to change her story.

    Meanwhile, Young, a Republican who had endorsed Gibbons, "kept Rogich and Gibbons informed of the investigation's progress," a privilege that wouldn't have been afforded an average potential criminal defendant. Rogich served as a political adviser to both Gibbons and Young, who left office when his term ended at the end of 2006.

    At the time, Gibbons acknowledged walking Mazzeo to her car but said he did nothing improper. He said he had reached out to grab her arm to stop her from falling when she slipped on wet pavement.

    Several months after Gibbons won election despite the scandal, the district attorney's office determined there wasn't enough evidence to pursue criminal charges.

    In May of this year, Gibbons filed for divorce from his wife of more than 20 years.

    The lawsuit largely rehashes the version of events Mazzeo has previously told, including a profanity-laced scene in the parking garage, a mad dash through a succession of Hughes Center parking lots as she tried to get police to come to her aid, and a harrowing barrage of politically charged pressure in the ensuing days as Gibbons and his allies allegedly worked to cover up their crimes.

    The suit also claims a friendly police officer assured Mazzeo there was evidence, including surveillance tapes, to back up her claims, but he then disappeared and "was never heard of again."

    During the investigation, surveillance tapes from the parking garage surface several days after police had said there were none. Gibbons' lawyer successfully sued to get the tapes; neither Gibbons nor Mazzeo appeared on them.

    Campbell, who has represented the Review-Journal in lawsuits, was Gibbons' lawyer in the matter. On Tuesday, he said he believed he'd been named in the suit to prevent him from defending Gibbons against it.

    "My reaction (to the lawsuit) was that a delusional plaintiff had found an equally delusional attorney," Campbell said. "This complaint ... is devoid of any factual accuracy and lacks even a scintilla of legal merit." He vowed to "take every single avenue to expose this for what it is."

    Mossett-Puhek on Tuesday called the lawsuit "ridiculous" and said she'd filed a complaint about Kossack, the lawyer, with the state Bar Association.

    Mossett-Puhek said Kossack called her last week and tried to "bully" her into changing the statement she made to police last year. She said he threatened to treat her as a co-conspirator in the case if Mossett-Puhek didn't change her statement.

    "I don't get it," Mossett-Puhek said. "Wasn't there something in the news about the police spending 700 hours trying to prove what she (Mazzeo) said?"

    The Police Department declined to comment, citing the department policy of not commenting on pending litigation. Officer Bill Cassell, a police spokesman, said the department had not yet had a chance to review the lawsuit Tuesday.

    According to the lawsuit, Mazzeo now lives in Orange County, Calif. Kossack said Mazzeo left Las Vegas after she was "pretty much blacklisted following the incident" and Strip resorts refused to hire her.

    In going public with her side of the story, Mazzeo previously said she was only trying to defend herself and didn't want money. Asked about her apparent reversal, Kossack said the lingering consequences of the incident have prevented the now-34-year-old single mother from moving on with her life.

    "I think what she said was if he had just apologized at the right time, this could have all gone away, but a lot of other things have happened," Kossack said.

    Review-Journal writer David Kihara contributed to this report. Contact reporter Molly Ball at mball@reviewjournal.com or 702-387-2919.



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    Ken Lucas wrote on October 15, 2008 05:53 AM: "Lying skeezer"- perhaps. Woman who's telling the truth- perhaps. Nevada, and other cities in America are full of powerful people who throw their weight around when they think no one is looking, or no one can fight them.

    She may be lying, and she may be telling the truth!


    T.N. wrote on October 15, 2008 12:33 AM: Let's not overlook the most impressive piece of this stale story-Gibbons was helping someone who was under the influence into a car...brilliant judgement on display there.


    Robert Uithoven, Just as Smart as Gibbons! wrote on October 14, 2008 11:16 PM: The Gibbon's gubernatorial campaign manager, Robert Uithoven, speculated in an e-mail to Gibbons' supporters that Dina Titus, Gibbons' opponent, hired the woman to entice Gibbons. Titus retorted that to do this she would have had to control where Gibbons went, who he was with, and even the weather (Gibbons claimed he was helping the woman to her car in part because of the weather).


    Vegas Justice wrote on October 14, 2008 11:11 PM: In October 2006, a woman accused Jim Gibbons of attempted sexual assault in a parking garage. Gibbons claimed he was helping her to her car. They both admitted to drinking alcohol at McCormick and Schmick's restaurant in Las Vegas.

    In the initial aftermath of the event, Las Vegas Sheriff Bill Young, a long time supporter of Jim Gibbons and donor to his gubernatorial campaign, cited lack of evidence in the case and refused to bring evidence of the attack to the District Attorney. His accuser did not initially want to pursue pressing charges, saying she just wanted "to be left alone." But when the Las Vegas Metropolitan Police Department was forced to open the incident case file after inquiries by Las Vegas media, the Las Vegas Review Journal and the Las Vegas Sun released her name and the woman was thrust into the public eye. She later said she was being pressured to not talk to the police about the incident by people close to Jim Gibbons.[37] In fact, the Gibbon's campaign hired a private investigator to "talk" to the woman shortly after the incident occurred.[38]

    Under pressure from the media and eventually the accuser, Sheriff Bill Young famously taunted the alleged victim to "bring it on" and sign a formal complaint. This is a highly irregular step as most victims of assault are not required to sign a complaint before an investigation can begin. Nevertheless, she signed the complaint and there was a further investigation. The evidence was given to the Las Vegas District Attorney, David Roger, who also donated to the Gibbons' Campaign. Charges were never filed in the case.


    Sequence of Trash wrote on October 14, 2008 11:03 PM: 1) Could not find a lasting job or 2) Sugar Daddy, so now 3) resorts to Lawsuit hope for money. Nothing to lose, OF COURSE!

    To those involved in this cheap case: Please send a Message to Plaintiff. No easy money.


    Sandie wrote on October 14, 2008 10:49 PM: Sully, you are wrong. There was nothing on the video, so nothing to dis-prove. Mysteriously, the video could not show Chrissy or Jim, so the cops said.


    Ted Striker wrote on October 14, 2008 10:39 PM: This is an attempt by small-minded people to try to suck some money from Jim Gibbons and Sig Rogich.

    There are much larger problems in the world.


    urnuts wrote on October 14, 2008 10:24 PM: Heard that her photo shoot with Hustler fell apart because Kermit the Frog back out, and Hillary Clinton was busy admiring herself. Bill Clinton said he would do it as long as she used a cigar again. And what is wrong with her neck - is it broken. BREAKING NEWS: OJ and CJ wed at CCDC.


    Sad Summerlin wrote on October 14, 2008 10:15 PM: mark - Gibbons and Young are not running, but it is politically damaging again to Republicans for this to be out there... this adds to anti-Gibbons sentiment and provides fodder for associated races...

    Regardless of where you are on the political spectrum... this only benefits Democrats in the race...

    Sandie --- I hope someday you are not accused of something you did not do, only to be tried in the court of public opinion and found guilty....

    Again... there has already been an investigation and no charges were filed. If there is any beef, it is with the police only... the fact that this woman has blanketed the governor, Mossett-Puhek, Young and the department shows that this is to smear, not to correct injustice...

    If it was purely about injustice, this case would have been filed any time previous in the 12 months against the Police for a failure to perform their duty....

    Sorry... but this case again smells as corruption...

    If the case against the police alone would have been proven, then she could have gone after the Governor again...


    Big_Bruce wrote on October 14, 2008 10:12 PM: She's nothing but a lying, $2.00 Skeezer !!


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