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Cities Community Encinitas News Region

Graham accuser’s trial delayed again

ENCINITAS — A trial for a North County woman accused of falsely accusing former State Assembly candidate Phil Graham of sexual misconduct has been delayed again.

Nichole Burgan was supposed to stand trial on Nov. 13 on a misdemeanor charge of filing a false police report against Graham. But her attorneys requested a continuance, and now the new trial date is Dec. 10.

The District Attorney’s office has charged Nichole Burgan with misdemeanor filing of a false police report stemming from the claims made during the lead up to the June 5 primary election.

Graham, who failed to advance to the Nov. 6 general election after finishing in third place during the primary, is the stepson of former California Gov. Pete Wilson.

Burgan said that Graham forcibly kissed her during the early morning hours of May 14 after a night of drinking at the 1st Street Bar in Encinitas.

But variations in her story to different media outlets and a series of restraining orders filed against Burgan in the past that accused her of filing false reports raised doubts about the veracity of her claims.

The Sheriff’s Department investigated and disproved the claims after reviewing video surveillance inside and outside of the bar and interviewing several witnesses.

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