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

Posted: Updated:

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.

  • NationalMore>>

  • 16-year-old survives in wheel well of Maui flight

    16-year-old survives in wheel well of Maui flight

    Monday, April 21 2014 12:23 AM EDT2014-04-21 04:23:23 GMT
    FBI officials say a 16-year-old boy stowed away in the wheel well of a flight from California to Hawaii, surviving the trip halfway across the Pacific Ocean unharmed despite frigid temperatures at 38,000 feet and a...
    FBI officials say a 16-year-old boy stowed away in the wheel well of a flight from California to Hawaii, surviving the trip halfway across the Pacific Ocean unharmed despite frigid temperatures at 38,000 feet and a lack of...
  • Car hits packed Florida church, injuring about 20

    Car hits packed Florida church, injuring about 20

    Monday, April 21 2014 12:13 AM EDT2014-04-21 04:13:07 GMT
    Authorities say a driver trying to park before an Easter concert at a packed Florida church inadvertently drove into the building and through a concrete outer wall and several pews, injuring about 20 people.
    Authorities say a driver trying to park before an Easter concert at a packed Florida church inadvertently drove into the building and through a concrete outer wall and several pews, injuring about 20 people.
  • Public smoke-out marks pot holiday in Colorado

    Public smoke-out marks pot holiday in Colorado

    Sunday, April 20 2014 11:13 PM EDT2014-04-21 03:13:25 GMT
    The 4/20 stoner holiday is going mainstream in Colorado.
    Tens of thousands of revelers raised joints, pipes and vaporizer devices to the sky Sunday at a central Denver park in a defiant toast to the April 20 pot holiday, a once-underground celebration that stepped into the...
  • Most Popular

  • Most Popular StoriesMost Popular StoriesMore>>

  • LOOK: Photos Of 'Blood Moon' During Total Lunar Eclipse

    LOOK: Photos Of 'Blood Moon' During Total Lunar Eclipse

    Tuesday, April 15 2014 7:59 PM EDT2014-04-15 23:59:30 GMT
    KHQ.COM - It was a sight to behold! The blood moon lit up the heavens last night. If you slept thru it, no need to worry! We recorded the whole thing for you and many of our Facebook friends and viewers have shared the photos that they captured of the total lunar eclipse last night!
    KHQ.COM - It was a sight to behold! The blood moon lit up the heavens last night. If you slept thru it, no need to worry! We recorded the whole thing for you and many of our Facebook friends and viewers have shared the photos that they captured of the total lunar eclipse last night!
  • WATCH: Cell Phone Video Of Sinking Ferry Released As 270 Are Still Missing

    WATCH: Cell Phone Video Of Sinking Ferry Released As 270 Are Still Missing

    Friday, April 18 2014 4:21 PM EDT2014-04-18 20:21:35 GMT
    MOKPO, South Korea (AP) - Searchers have now put markers on the surface of the water where the South Korean ferry went down. Part of the ship had remained above the surface until today, but now the entire vessel is submerged. They're continuing the effort to find some 270 people who are missing and feared dead.
    MOKPO, South Korea (AP) - Searchers have now put markers on the surface of the water where the South Korean ferry went down. Part of the ship had remained above the surface until today, but now the entire vessel is submerged. They're continuing the effort to find some 270 people who are missing and feared dead.
  • The Grizzly Hurling Team: Introducing Montana To Something New

    The Grizzly Hurling Team: Introducing Montana To Something New

    Friday, April 18 2014 11:48 PM EDT2014-04-19 03:48:09 GMT
    Have you ever heard of the sport hurling?  Not curling, but hurling with an "H" If you're like me, you may have had no idea what that is,but the University of Montana has a pretty impressive hurling team
    Hurling is one of the most popular sports in Ireland, but April 19th is when the first ever Hurling game in Montana will be played by the Grizzlies Hurling Team
  • Big Sky Closing For Season Sunday

    Big Sky Closing For Season Sunday

    Saturday, April 19 2014 12:02 AM EDT2014-04-19 04:02:08 GMT
    People have just two days left to ski at the nation's largest ski resort before it closes for the winter season. "It's truly been an epic year, one of the best ever," said Cindy Reiss, skier. Big Sky Resort
    People have just two days left to ski at the nation's largest ski resort before it closes for the winter season.
  • Montana/ Idaho Border: Lookout Pass Closed After Landslide

    Montana/ Idaho Border: Lookout Pass Closed After Landslide

    Sunday, March 30 2014 10:36 PM EDT2014-03-31 02:36:40 GMT
    LOOKOUT PASS, Montana- Lookout Pass near the Idaho/Montana Border is shutdown down following a landslide on I-90. D.O.T. crews are on the scene Sunday evening clearing trying to clear the scene.
    LOOKOUT PASS, Montana- Lookout Pass near the Idaho/Montana Border is shutdown down following a landslide on I-90. D.O.T. crews are on the scene Sunday evening clearing trying to clear the scene.
  • Auctioned Bull Raises Money for Fellow Breeder

    Auctioned Bull Raises Money for Fellow Breeder

    Friday, April 11 2014 8:11 PM EDT2014-04-12 00:11:47 GMT
    Thousands of dollars were raised in a matter of seconds for a wounded rancher at the 5-L Red Angus Bull Auction in Sheridan Friday. A total of 300 bulls were sold in a matter of four hours, but one bull
    Thousands of dollars were raised in a matter of seconds for a wounded rancher at the 5-L Red Angus Bull Auction in Sheridan Friday.
  • Griz Lax Gaining Popularity

    Griz Lax Gaining Popularity

    Thursday, April 17 2014 12:41 AM EDT2014-04-17 04:41:14 GMT
    The Montana Lacrosse team is preparing for their last three games of the regular season.  They're currently 6-6 and with all three games at home in Washington Grizzly Stadium, they're hoping the playoffs
    The Montana Lacrosse team is preparing for their last three games of the regular season.  They're currently 6-6 and with all three games at home in Washington Grizzly Stadium, they're hoping the playoffs are on the horizon.
  • Our Lady of the Rockies Statue Turned Red After Prank

    Our Lady of the Rockies Statue Turned Red After Prank

    Thursday, April 17 2014 8:05 PM EDT2014-04-18 00:05:47 GMT
    According to the Butte-Silver Bow County Police Department, the "Our Lady of the Rockies Statue" turned red on Wednesday night after four young adults put cellophane over the white lights.Undersheriff
    According to the Butte-Silver Bow County Police Department, the "Our Lady of the Rockies Statue" turned red on Wednesday night after four young adults put cellophane over the white lights.
Powered by WorldNow

Features

  • More Features
  • Powered by WorldNow
    All content © Copyright 2000 - 2014 WorldNow and Cowles Montana Media. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.