The criminal complaint alleges that Nichole Burgan, on or about and between May 20 and May 23 “did unlawfully report to a peace officer that a misdemeanor had been committed, knowing such report to be false.” Courtesy photo
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Trial date set for Phil Graham accuser

ENCINITAS — A North County woman accused of falsely accusing former State Assembly candidate Phil Graham of sexual misconduct will go to trial on Nov. 13, prosecutors said.

Nichole Burgan, whose trial was set to begin on Halloween, now will return to court at 8:15 Nov. 13 in Judge K. Michael Kirkman’s courtroom, an official with the District Attorney’s office said.

The District Attorney’s office has charged 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.

Records show that charges were filed against Burgan June 14, and she was arraigned on July 3 and charged with a single misdemeanor count of filing a false report, which carries a maximum sentence of six months in jail and/or a $1,000 fine.

The criminal complaint alleges that Burgan, on or about and between May 20 and May 23 “did unlawfully report to a peace officer that a misdemeanor had been committed, knowing such report to be false.”

Burgan’s attorney appeared in court on Oct. 17 for a readiness conference, when the new trial date was set.

Graham has declined to comment on the matter through a spokesperson.

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1 comment

TruthSeeker November 6, 2018 at 10:11 am

I wonder if Coast News has any regrets publishing this woman’s false claims, just before the election, prior to law enforcement making their findings based on the EVIDENCE? Put another way, does Coast News feel ANY guilt or responsibility for the damage done to Graham’s campaign by publishing their story prior to the video evidence being reviewed by the cops? Did Coast News, for even a second, think “Maybe we shouldnt go with this story just weeks out from election day given its just this lady’s word re what happened, she is a known fabricator, and we havent let the Sheriff’s department finish their inquiry?”

Coast News…YOU have much to atone for in this case …almost as much as Ms. Burgan.

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