by Doug Sain
Yesterday the San Diego County Sheriff’s Department issued a news release stating, “After conducting a thorough investigation, interviewing several witnesses and reviewing video surveillance from both inside and outside of the business, (San Diego County Sheriff’s Department Sexual Assault) detectives disproved the allegations made against (California Assembly candidate) Phil Graham. As a result, this case is being closed as unfounded, pending any new or additional information.”
The Sheriff’s Department has not yet responded to whether a criminal investigation will be launched against the accuser under Penal Code 148.5 about false reports to law enforcement.
From the beginning, Graham issued a statement, calling the allegations absurd. “This is simply dirty campaign politics,” Graham said. “The accusation is absurd and I’m confident voters will see through this as a blatant attempt at manipulating our election process.”
Despite his exoneration, statewide public employee and other organized labor unions continue to spend heavily on express advocacy to mislead the public against Graham’s candidacy. Today, May 30, SEIU issued false mailers claiming the investigation was on-going, and the California Labor Federation and AFL-CIO issued text messages saying the investigation was still on-going. The text includes a web link to a union sponsored website perpetuating the fabricated allegations in more detail. The text message and website were paid by Million More Voters.
Million More Voters independent expenditure (IE) committee was created to reach independent voters, but has been little more than a labor union effort for shilling attack ads.
According to the Enforcement Division of the State’s Fair Political Practices Commission (FPPC), Million More Voters, sponsored by the California Labor Federation and AFL-CIO, stipulated to five counts of violating the Political Reform Act, such as failing to report independent expenditures within 24 hours during an election cycle in connection with a candidate for elective state office.
The Political Reform Act violation by the CLF and AFL-CIO in this IE involved “unreported subvendor payments totaling approximately $1,236,750″ in a single reporting period. For this violation, the FPPC fined Million More Voters all of $16,000, which will assuredly have no impact on the labor unions’ zeal to flout state laws.
Graham’s accuser, Ms. Niki Burgan, 46, a former public employee lifeguard and a veterinarian technician, said he “kissed her against her wishes” during the early morning hours of May 14 at the 1st Street Bar in Encinitas. The Coast News reported Burgan’s past history includes a 2007 civil case, and two recent civil restraining orders.” Burgan’s name is included in nearly a dozen restraining orders — as recently as January 2018 — either filed by her against other people or filed against her by others… In some of the restraining order requests — which are filed under penalty of perjury — people filing against Burgan alluded to her filing false reports.”
Also, the Coast News reported, “Burgan’s account of events — including apparent variations in her account to different media — as well as questions about her background have raised questions about the credibility of her accusations.” As an example, Burgan had similarly filed false allegations of child abuse to Child Protective Services (CPS). A recorded conversation disproving Burgan’s fabrication led to CPS closing the case.
The Coast News reported another incident of Burgan fabricating the need for a temporary restraining order against her ex-fiance, Josh Elliot, who told the Coast News about the incident with Graham, “I thought right away that it wasn’t true,” he said. “She takes any story, flips it upside down and then turns herself into the victim for personal gain.”
Graham’s campaign spokesman, Mike Foster, said in response to the Sheriff’s Department closing the case, “We appreciate the prompt action of the Sheriff’s Office in thoroughly investigating the claim, and in determining the truth in this matter.”
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Sources:
San Diego County Sheriff Department’s News Release, May 29, 2018
California Labor Federation and AFL-CIO Website