Metro likely to reopen case against Gibbons

Sam Skolnik, Las Vegas Sun

Thursday, Oct. 26, 2006 | 7:56 a.m.

After more than a week during which Metro Police and the Clark County district attorney's office said they were washing their hands of Chrissy Mazzeo's claim that Rep. Jim Gibbons assaulted her, both agencies may soon be looking at reopening the investigation.

Mazzeo's attorney, Richard Wright, said at a news conference Wednesday that she wants authorities to conduct a "thorough investigation" into her charge that the Republican gubernatorial candidate assaulted her in a parking garage after they had been drinking together on Oct. 13.

The afternoon after the alleged incident, Mazzeo, citing concerns over publicly taking on a powerful, high-profile official, told police that she no longer wanted to legally pursue the matter.

Sheriff Bill Young said last week that once an alleged victim decides not to prosecute, "we're pretty much done with it." District Attorney David Roger Monday said the same thing, noting that when a victim is unwilling to cooperate with police, his office rarely proceeds on its own.

Now, however, both Young's and Roger's offices are sounding a different note.

Police sources said Wednesday that Metro is likely to reopen its investigation. Young is scheduled to hold a news conference today to discuss the matter.

Roger reiterated after Mazzeo's Wednesday news conference, where she stuck by her original allegation that Gibbons tried to force himself on her, that "we rely on police to investigate cases."

"But if she's had a change of heart and is willing to sit down and talk to us - and makes a commitment that she will cooperate 110 percent - we'll review the matter," Roger said.

It's up to Mazzeo to take the next step, Roger said.

If prosecutors pursue the case, Gibbons' attorneys could attack her credibility by pointing to the "request for no prosecution" statement that she signed the day after the incident, Roger said. But the fact that she signed the form and later changed her mind would not stop his office from taking the case, he said.

Similarly, Metro is expected to reopen the case in part because of the statements Wednesday from Mazzeo and Wright regarding their willingness to cooperate with authorities, sources said.

Wright said police and prosecutors could pursue several possible felony charges against Gibbons, including coercion, assault with substantial bodily harm and attempted sexual assault. That contradicts Young's earlier statement that, based on Mazzeo's description of the incident, Gibbons could be charged only with misdemeanor battery.

At Wednesday's news conference, Wright contended that police themselves may have committed a crime by identifying Mazzeo.

"It is a crime, a misdemeanor, for anyone to expose her after what she put up with," Wright said, referring to a state law that says that court and police records that reveal the identity of a victim of sexual assault are confidential.

Young declined to comment Wednesday.

In addition to Clark County officials, state or federal investigators could get involved in a revived Gibbons probe. But that appears unlikely, at least for the time being.

Wright said that he has not contacted the FBI, although an attorney and former boyfriend of Mazzeo in California did. "I'm not sure it's in the FBI's jurisdiction," Wright said.

FBI spokesman Dave Staretz did not return telephone calls Wednesday.

Attorney General George Chanos could not be reached for comment. But according to a statement from Chief Deputy Attorney General Gerald Gardner, Chanos is following the story, and based on news reports, "he believes the primary jurisdiction to investigate and/or prosecute lies with the local police department and district attorney's office."

"The attorney general's office does not see any clear evidence that we need to get involved right now," Gardner said. "However, if requested or if it appears necessary for us to become involved, we will consider what, if any, action may be appropriate at that time."

Sun reporters Jeff German, Abigail Goldman and Mary Manning contributed to this report.