Text messages from Nathan Fletcher's accuser in sexual assault case undermine her claims, new court filing claims

New court documents in the sexual assault lawsuit against former San Diego County Executive Nathan Fletcher allege that his accuser referred to the alleged assault proceedings as “makeout sessions” in text messages to her friend.

The latest filing by Fletcher's lawyers notes that there are clear differences between how former Metropolitan Transit System (MTS) public relations specialist Grecia Figueroa described three key encounters with her former supervisor to her friend Danielle Radin and how she portrays those encounters in her complaint against Fletcher.

In March 2023, Figueroa sued Fletcher in San Diego Superior Court on charges of sexual assault, harassment and battery. She claimed he groped and kissed her. Days later, Fletcher admitted to inappropriate behavior and underwent treatment for alcohol abuse and post-traumatic stress disorder related to his time as a Marine in combat. He also ended his campaign for state Senate. He also resigned his seat on the San Diego County Board of Supervisors.

However, Fletcher has firmly denied the allegations from the beginning. He said Figueroa had consented to “their interactions” in a Counterclaim In March, a lawsuit was filed against her accusing her of defamation.

The first encounter

In her lawsuit, Figueroa said the first encounter occurred on May 12, 2022, when Fletcher “convinced” her to visit him at his hotel and led her to a stairwell. There, the lawsuit says, he confessed that he had a crush on her and encouraged her to have a few drinks so they could talk further.

Figueroa was “shocked and confused” but felt “powerless” because Fletcher was chairman of the MTS board at the time, the complaint says. Fletcher made advances and toward the end of the evening “put his hands on her and kissed her,” the complaint says.

The most recent text message submitted by Fletcher in the lawsuit is between Figueroa and Radin from the same day – shortly before she met Fletcher at the hotel.

According to the file, Figueroa wrote: “Brother, it's happening, I'm going to meet him, but something casual, like secret.”

Radin, a television journalist and self-proclaimed domestic violence counselor, responded in a text message saying, “GOOD LUCK!!!! Let me know how it goes,” Fletcher's filing states.

Figueroa replied, “Oh my God, so if I want to have sex with this man… I can.”

According to Fletcher's file, Radin replied, “Yeah, I could have told you that, lol.”

Later, when she was with Fletcher, Figueroa texted Radin and said he tried to kiss her. “I told him no, no kissing. We're going to be working together for at least two more years, we can't do that,” Fletcher's filing states.

According to Fletcher's file, Radin replied, “I thought you guys were going to kiss, haha.”

In a later text message, Figueroa said she hesitated for three hours and then kissed him, writing, “I feel like I just woke up from the wildest dream I've ever had and I don't know how to feel about this. Oh my god it was amazing but at the same time it felt sooooo wrong. I'm at a loss for words,” Fletcher's filing reads.

She blamed it on the “damn 3 beers” they had had and then said, “We were making out,” according to Fletcher's file.

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 adjoining conference room at MTS. Once in the room, Fletcher “put his mouth on hers and began groping her breasts through her clothing,” the lawsuit states.

The lawsuit goes on to say that Figueroa rejected Fletcher because she “did not feel comfortable meeting him in this way, particularly at MTS headquarters.”

But according to Fletcher's file, Figueroa texted Radin after the encounter: “Hahahaa, I just hugged him and congratulated him… and then we went to the corner of the room, away from the window, and kissed.” She added: “Makeout wasn't on my agenda today, but hey… what do I know?”

According to Fletcher's file, Radin wrote back: “OMG hahaha… but that's so hot.”

The third encounter

And on December 1, 2022, Figueroa's complaint alleges a third encounter with Fletcher. The complaint says Fletcher asked Figueroa to meet him in the adjoining conference room after a meeting he was leading. Once inside, Fletcher sexually assaulted her, the complaint says.

Fletcher's new filing says Figueroa texted Radin that same day with five “OMGs” followed by “We just had a heavy, heavy make-out session, wtf.”

Figueroa declined to comment. Her attorney, John Holcomb, did not respond to a request for comment.

Radin, who had previously not responded to several requests for comment from KPBS, said in a court declaration filed on August 13 that her communications with Figueroa were related to her work as an investigative reporter for CBS Los Angeles and as a consultant on domestic violence cases.

“In the course of my investigative work, I uncovered information about Mr. Fletcher's conduct that was of significant public interest,” Radin's statement said. “The seriousness of the allegations involving 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 statement continued: “Any information I may have about Nathan Fletcher was obtained solely in the course of my work as a domestic violence counselor or in my capacity as a journalist covering related issues.”

Radin said in her statement that she previously worked for Fox 5 and NBC 7 in San Diego.

Fletcher's attorney, Sam Sherman, said in the new filing that the messages between Figueroa and her friend “virtually invalidate the plaintiff's allegations against Mr. Fletcher.”

Sherman said Radin turned over the messages after months of refusing to do so, but still hasn't turned over all the texts and is asking a judge to compel her to do so. He said Figueroa also hasn't turned over all the messages despite months of requests to do so.

“Plaintiff and Ms. Radin intentionally withhold these voice memos because they are inconsistent with Plaintiff's misrepresentation of her case,” Sherman wrote in the filing.

In her statement, Radin said her phone was stolen in May.