Fletcher accuser responds to accusations of destroying evidence

SAN DIEGO — The former MTS employee who is suing former county supervisor Nathan Fletcher in a civil sexual assault case says she is in talks with new attorneys.

Grecia Figueroa appeared in court Thursday for a hearing. Her now-former attorney Jessica Pride also appeared, as a courtesy.

Figueroa gave no reason for the split, but says it was amicable.

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The judge granted Figueroa’s request for more time to find counsel.

In her lawsuit, which was filed a year ago, Figueroa claims Fletcher, who was then chair of the MTS board, sexually assaulted her before she was suddenly fired by MTS, at the behest of Fletcher, in early 2023.

Earlier this year, MTS released the results of an independent investigation claiming the transit agency had no knowledge of the alleged interactions and that Fletcher played no role in Figueroa’s termination.

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“Since before my lawsuit was filed, there have been all kinds of intimidation attempts, misuse of legal procedures and resources that the defendants, I believe, have used, to tarnish my reputation,” said Figueroa.

Fletcher admitted the two had consensual interactions, but denied any claims of assault.

During the hearing, Fletcher’s attorney Sean McKaveney argued Figueroa has destroyed evidence – in particular, phone messages that would help clear Fletcher’s name.

“Visible in that screen recording is a 23-second-long audio recording that she sent to Mr. Fletcher, in her own voice, flirting with him. I requested production of that specific audio recording. You compelled them to produce that recording back in November. They amended their responses to say it no longer exists. In response, I sent them a request for admission asking them to admit that they had deleted that message, and they responded under penalty of perjury that it had been unsent,” McKaveney told the judge.

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Figueroa says she has not destroyed any evidence whatsoever.

“The defendant, Nathan Fletcher, is accusing me of potentially deleting evidence — yet he has already destroyed several documents. Last year, for example, after receiving my preservation of evidence letter, he called me, texted me, asking to talk and then he went on to destroy these messages, whole records and even his entire website,” said Figueroa.

During the hearing, the judge put a temporary restraining order on Figueroa’s cell phone and other electronic devices.

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“We’re here today, at least as the court understands it, to make sure that information in your cell phone stays there. You’re nodding your head, that leads me to believe you have no problem preserving whatever evidence is or isn’t on your cell phone, yes?” asked Judge Matthew Braner.

Figueroa replied, “yes.”

Another hearing will be held in April with Figueroa expected to give an update on obtaining counsel.

The trial is expected to begin in February.

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