Judge says lawyer can gather evidence for suing governor

The lawyer for Chrissy Mazzeo can begin collecting some evidence for her lawsuit against Gov. Jim Gibbons and others, but cannot question the defendants, a federal judge ruled Tuesday.

At a hearing in federal court in Las Vegas, U.S. Magistrate Peggy Leen granted part and denied part of Gibbons' request that discovery be halted in Mazzeo's federal lawsuit.

It claims the cocktail waitress's rights were violated when Gibbons allegedly assaulted her in a Las Vegas parking garage shortly before the 2006 election and when he and others, including campaign advisers and Las Vegas police, afterward allegedly attempted to cover up the incident.

Gibbons' lawyer, Pat Lund-vall, argued that Mazzeo should not be allowed to collect evidence until the court decides whether to dismiss the case. The defendants' motions to dismiss the lawsuit, which they call groundless, are pending.

Mazzeo's lawyer, Robert Kossack, said "evidence is going stale" in the case and he needs to identify witnesses and gather records before they disappear. He said if the federal case is dismissed, he intends to refile the lawsuit in state court, so any evidence gathered now could be used then.

Leen said Kossack may gather records and contact third-party witnesses, but he may not take depositions from the defendants -- Gibbons, campaign adviser Sig Rogich, former Sheriff Bill Young, lawyer Don Campbell and alleged go-between Pennie Mossett-Puhek.

Contact reporter Molly Ball at mball@reviewjournal.com or 702-387-2919.