Investigators are looking at telephone records in a probe of whether Gov.-elect Jim Gibbons or others tried to quash a Las Vegas cocktail waitress' claim that Gibbons assaulted her three weeks before the election, officials said.
Clark County District Attorney David Roger told the Las Vegas Sun for a Friday report that he did not have all the relevant cell phone records to declare the case against Gibbons closed.
"There is a possibility that he was involved in this activity," Roger said in a departure from his Wednesday announcement that investigators found insufficient evidence to prove assault and did not believe Gibbons was "directly or indirectly involved" in trying to influence Chrissy Mazzeo.
"But it does not seem probable that he participated in these actions," Roger said.
Gibbons, a Republican, is due to be sworn in Tuesday as governor.
Roger's top investigator, Mike Karstedt, said in a report that Roger made public Wednesday that he recently subpoenaed cell phone records from several people including Las Vegas public relations executive and Gibbons political consultant Sig Rogich.
Karstedt also obtained cell phone records of attorney Georganne
Bradley and legal secretary Michelle Diegel, who work at a law firm
that shares office space with Rogich in Las Vegas.
All three were drinking Oct. 13 with Mazzeo and Gibbons at a Las Vegas restaurant outside which the alleged encounter took place.
Deputy Las Vegas police Chief Greg McCurdy told the Sun that Las
Vegas detectives did not subpoena the phone records for Rogich,
Diegel and Bradley.
Detectives were focusing on misdemeanor battery charges and requested records they thought were relevant to that charge, McCurdy said.
Mazzeo, a 32-year-old single mother and cocktail waitress, alleged that Gibbons pushed her against a wall in a parking garage and propositioned her for sex outside the restaurant.
Gibbons has denied any impropriety. He said he helped Mazzeo remain on her feet after she slipped.
Roger said Wednesday that investigators were still looking at "unresolved factual and legal issues concerning alleged attempts
by individuals to influence Ms. Mazzeo's testimony."
That probe is expected to focus on Rogich, Diegel, Bradley and Mazzeo's friend, Pennie Puhek, who was also drinking with Mazzeo
and Gibbons that night.
Puhek has acknowledged speaking with Diegel and calling Mazzeo
several times, but has denied Mazzeo's claim she served as a go-between in efforts to silence Mazzeo.
McCurdy said police subpoenaed Puhek's and Gibbons' phone records, along with those of Mazzeo, her sister and a friend Mazzeo called about the same time she made three 911 to police.
McCurdy added that investigators only received records for Mazzeo and Damelio before turning the case over to Roger last month with a recommendation not to prosecute Gibbons.