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.