Attorneys Ask Judge to Drop Jordan Graham Murder Charge - ABC FOX MONTANA NEWS, WEATHER, SPORTS - KTMF/KWYB

Attorneys Ask Judge to Drop Jordan Graham Murder Charge

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Defenders of a Kalispell woman, accused of pushing her husband off a cliff in July, are asking the judge drop her first degree murder charge.

This is one of many items to surface from hundreds of pages of new documents filed in the  Jordan Linn Graham murder case.

22-year-old Graham is charged with first degree murder, second degree murder and making a false statement, all of which are felonies she pleaded not guilty to.

But now, Graham's defense team led by attorney Michael Donahoe say the first degree murder charge is based on evidence warped against her by agents who did not record her complete statement and twisted her words.

For the first time we see the transcript of Graham's confession to Kalispell detectives and FBI agents, along with a separate statement from Graham saying she was coerced in her confession to say her actions were motivated by anger and that instead of walking away she chose to push her husband 25-year-old Cody Johnson off the cliff.

The defense team also says FBI agents did not turn on the recorder for the first hour and a half of Graham's confession on July 16.

Though in both of Graham's testimonies taken in July she says she could have walked away, Graham now says she's shocked by that allegation.

In a statement from Graham to her lawyers dated November 7,  she says, "When I first read the complaint after I was shocked. I never told Agent Smiedala that I started to walk away and then decided to turn around and push Cody off the ledge with two hands. Those were his words. That is not what happened."

While in  both of her confession's to law enforcement on July 16 Graham said Johnson had grabbed her arm, she broke free and then decided to turn and push him, now Graham says it was all one motion.

In her latest statement she says the incident was an accident and she never intended for Johnson to fall off the ledge and die.

Graham's defenders have also requested any evidence filed by the prosecution now should be not be allowed to be used in court since the deadline has passed.

This includes a piece of evidence being tested for DNA the prosecutors say is critical to both parties case.

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