Las Vegas Sun

March 28, 2024

Lawyers: Gibbons has no time for Mazzeo right now

Exhibit photos in Mazzeo case

Chrissy Mazzeo Launch slideshow »

Lawyers for Gov. Jim Gibbons have filed court papers seeking to put off depositions and other evidence gathering in Chrissy Mazzeo’s federal civil rights lawsuit until several motions to dismiss the complaint are resolved.

Attorneys Pat Lundvall and Carla Higginbotham argued that it would be a waste of time for Gibbons, who is busy handling state government responsibilities, and the other defendants to deal with any gear-up for the trial before knowing whether a federal judge will order the case tossed out of court.

Within the past couple of weeks, Gibbons and several other defendants — including former Sheriff Bill Young, the Metro Police Department and Don Campbell, the governor’s criminal defense attorney — have filed motions attacking Mazzeo’s case. She has alleged that her reputation was smeared and her constitutional rights were violated in a wide-ranging cover-up. The governor’s top political strategist, Sig Rogich, is also expected to file a motion calling into question Mazzeo’s claims.

The suit stems from an October 2006 late-night encounter between Gibbons and Mazzeo outside a Las Vegas restaurant in which she alleged the governor, while a candidate, assaulted her.

A Metro Police investigation cleared Gibbons of criminal wrongdoing. But Mazzeo, a single mother and a former cocktail waitress, hired Las Vegas attorney Robert Kossack to go after the governor and the others in federal court.

Kossack said Tuesday he’s not surprised the defendants are trying to put off the collection of evidence.

“I doubt any of the defendants, especially Gov. Gibbons, want to be deposed where they would have to answer questions under oath or turn over their phone records, which would allow us to piece together a conspiracy among them,” Kossack said.

He also said he didn’t buy the argument that Gibbons is too busy to have his time wasted.

Gibbons seems to have plenty of time for other activities that have nothing to do with state business, Kossack said.

The civil rights attorney suggested that Gibbons and company would prefer to see the case moved to Clark County District Court, “where the defendants could try to exercise the same undue influence” alleged in the federal suit.

In their motion to dismiss, Lundvall and Higginbotham called Mazzeo’s claims against Gibbons “ludicrous,” saying the thrust of the complaint appeared to be aimed at “disparaging the reputation and character” of the governor.

The lawyers argued that the suit failed to state any legitimate legal claims against Gibbons, an argument echoed in the other motions to dismiss.

Last week attorneys for Campbell argued in court papers that Mazzeo’s complaint was “barren of well-pled facts giving any credence to (her) far-flung and vain conspiracy claims.”

Campbell contends he was brought in as a defendant so he wouldn’t be able to represent Gibbons in the case.

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