New court filings in the sexual assault lawsuit against former San Diego County Supervisor Nathan Fletcher claim his accuser referred to alleged incidents of assault as “make-out” sessions in text messages to her friend.
The latest filing by Fletcher’s lawyers shows stark differences between how former Metropolitan Transit System (MTS) public relations specialist Grecia Figueroa described three key encounters with the former supervisor to friend Danielle Radin, and how she cast them in her complaint against Fletcher.
In March 2023, Figueroa sued Fletcher in San Diego Superior Court for sexual assault, harassment and battery. She claimed he had groped and kissed her. Days later, Fletcher acknowledged inappropriate behavior and underwent treatment for alcohol abuse and PTSD related to the time he spent as a Marine in combat, and he ended his campaign for state senate. He also resigned his seat on the San Diego County Board of Supervisors.
However, from the beginning Fletcher has steadfastly denied the allegations. He said Figueroa consented to “their interactions” in a cross complaint filed in March that accuses her of defamation.
The first encounter
In her lawsuit, Figueroa said the first encounter took place on May 12, 2022, when Fletcher “convinced” her to visit him at his hotel and led her to a stairwell. There, the complaint said, he confessed he had a crush on her and encouraged her to have a few drinks so they could keep talking.
Figueroa was “shocked and confused” but felt “powerless” because Fletcher was chair of the MTS Board at the time, the complaint said. Fletcher made advances and toward the end of the evening “put his hands on her and kissed her,” the complaint said.
The latest filing by Fletcher in the lawsuit contains text messages between Figueroa and Radin from that same day — just before she met with Fletcher at the hotel.
Figueroa wrote, “Brooooo It’s happening I’m gonna meet up with him But something casual Like hidden,” according to the filing.
Radin, who is a television journalist and self-described domestic violence counselor, responded in a text, saying “GOOD LUCK!!!! LMK how it goes,” according to Fletcher’s filing.
Figueroa replied: “Omg So if I want to have sex with this man … I can.”
Radin texted back, “Well, yeah I could have told you that lol,” according to Fletcher’s filing.
Later, while with Fletcher, Figueroa texted Radin and said he tried to kiss her. “I told him no, no kissing. We are gonna be working with each for another two years at least, we can’t go there,” according to Fletcher's filing.
Radin texted back, “I thought you guys would kiss haha,” according to Fletcher’s filing.
In a later text, Figueroa said she held back for three hours and then kissed him writing, “I feel like I just came out of the wildest dream I could have had, and idk how to feel about it. Omg it was great but at the same time it felt sooooo wrong. I have no words,” according to Fletcher’s filing.
She blamed the “3 f***** beers” they drank, before saying “We made out,” according to Fletcher’s filing.
The second encounter
Figueroa said in her lawsuit that a second encounter with Fletcher occurred on June 9, 2022, after he told her to meet him in an adjacent conference room at MTS. Once inside the room, Fletcher “put his mouth against hers, and began to grab her breasts through her clothes,” the complaint said.
The complaint goes on to say Figueroa pushed Fletcher back because she “was not comfortable having this type of encounter with him, especially at MTS headquarters.”
But according to Fletcher’s filing, Figueroa said in a text to Radin after the encounter, “Hahahaa, I just hugged him and congratulated him … and then we moved to the corner of the room, away from the window and kissed.” She added, “Having a make out session was not in my plans today, but hey..what do I know anymore."
Radin texted back, “OMG hahaha … that is like so hot though,” according to Fletcher’s filing.
The third encounter
And on December 1, 2022, Figueroa’s complaint alleges a third encounter with Fletcher. The complaint states that Fletcher asked Figueroa to meet him in the adjacent conference room after a meeting he was conducting finished. Once inside, Fletcher sexually assaulted her, the complaint said.
Fletcher’s new filing alleges that Figueroa sent a text to Radin that same day with five “OMGs” followed up by, “We just had a heavy, heavy make out sesh Wtf.”
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Figueroa declined to comment. Her lawyer John Holcomb did not respond to a request for comment.
Radin, who has previously not responded to multiple requests for comment by KPBS, said in a court declaration filed on Aug. 13 that her communications with Figueroa were related to her work as an investigative reporter for CBS Los Angeles and domestic abuse counselor.
“In the course of my investigative work, I uncovered information regarding Mr. Fletcher’s conduct that was of significant public interest,” Radin’s declaration states. “The severity of the allegations related to sexual misconduct and abuse of power made it imperative for me, as a journalist, to continue monitoring the situation through direct communication with the source herself, Ms. Figueroa.”
Radin’s declaration goes on to say, “Any information I may have about Nathan Fletcher would have been obtained solely as a result of my role as a domestic violence counselor or in my capacity as a journalist reporting on related matters.”
Radin said in her declaration that she previously worked for Fox 5 and NBC 7 in San Diego.
Fletcher’s lawyer Sam Sherman said in the new filing that the messages between Figueroa and her friend, “all but eviscerate Plaintiff’s allegations against Mr. Fletcher.”
Sherman said Radin turned over the messages after months of refusal but still has not delivered all of the texts and is asking a judge to order her to do so. He said Figueroa has also not produced all communications, despite months of requests.
“Plaintiff and Ms. Radin are intentionally withholding these voice notes as they are inconsistent with Plaintiff’s false narrative of her case,” Sherman wrote in the filing.
Radin said in her declaration that her phone was stolen in May.
