Newlywed bride, Graham, from Kalispell, Montana, previously told
investigators she pushed her husband Cody Johnson during an argument,
forcing him off the cliff in Glacier National Park on July 7, 2013. Graham
who allegedly pushed her husband to his death from a cliff just eight
days after their wedding had blindfolded him before the fall,
prosecutors have now claimed.
She has pleaded not guilty to murder - as well as to a charge of making false statements to law enforcement after she allegedly told officers she had come across Cody's body while searching for him when he failed to come home...
Defense attorneys have claimed that an FBI interrogator failed to properly record interviews with Graham - and then later twisted her words.
The defense heard 'for the first time' that Graham placed a blindfold on her husband before pushing him over the ledge - which the prosecution claims shows premeditation, HLN reported.
In a motion to dismiss charges against Graham - filed November 8 - the defense fought back: 'If, as is stated in the complaint affidavit, Jordan and Cody were arguing intensely on the ledge it hardly seems plausible that the argument would cease abruptly so Jordan could apply a blindfold.
'Frankly at this point the defense has no idea of how the government intends to try this case.'
Another motion filed by prosecutors says DNA tests are being carried out on a piece of cloth found in the area where Johnson's body was found.
It asked the judge to delay the trial until February as results could take more than a month.
"I didn’t want to do that trail because I was afraid that, I mean there is a cliff right there," Graham said.
"And you could fall. And he said, "I could do this with a blindfold on". And he said, 'I could just put it on, take a step but I wouldn't even fall'. And I was like - and it just kept going through my head that, um, you are going to fall or something."
The defense heard 'for the first time' that Graham placed a blindfold on her husband before pushing him over the ledge - which the prosecution claims shows premeditation, HLN reported.
In a motion to dismiss charges against Graham - filed November 8 - the defense fought back: 'If, as is stated in the complaint affidavit, Jordan and Cody were arguing intensely on the ledge it hardly seems plausible that the argument would cease abruptly so Jordan could apply a blindfold.
'Frankly at this point the defense has no idea of how the government intends to try this case.'
Another motion filed by prosecutors says DNA tests are being carried out on a piece of cloth found in the area where Johnson's body was found.
It asked the judge to delay the trial until February as results could take more than a month.
"I didn’t want to do that trail because I was afraid that, I mean there is a cliff right there," Graham said.
"And you could fall. And he said, "I could do this with a blindfold on". And he said, 'I could just put it on, take a step but I wouldn't even fall'. And I was like - and it just kept going through my head that, um, you are going to fall or something."
The defense is now fighting to dismiss the charges.
Federal public defender Michael Donahoe claimed in documents filed last week that an FBI interrogation specialist questioned Graham alone for nearly 90 minutes without recording it.
Donahoe argues the agent did so in order to 'shape' Graham's statements.
Donahoe says investigators then distorted her statements about what happened on the cliff.
According to earlier court documents filed in the case, Graham had told police they had gone on a hiking trail little over a week after their wedding and they had started fighting.
'Graham stated their argument intensified,' the affidavit states. 'At one point in time during their arguing, Graham turned and began to walk away. She stated Johnson grabbed her by the arm.'
Graham said she turned around and 'pushed Johnson with both hands in the back and as a result, he fell face first off the cliff,' the affidavit says.
His body was found several days later.
The affidavit also states that Graham had texted a friend earlier that night, saying she was planning on talking to her husband about having 'second thoughts'.
'I'll pray for you guys,' her friend responded.
Graham replied: 'Dead serious, if u don’t hear from me at all again tonight, something happened.'
MailOnline
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