Prosecutors Push for February Trial in Jordan Graham Case - ABC FOX MONTANA NEWS, WEATHER, SPORTS - KTMF/KWYB

Prosecutors Push for February Trial in Jordan Graham Case

Posted: Updated:

U.S. district attorneys push for a delay in the trial of a woman accused of pushing her new husband off a ledge in Glacier Park.

Thursday was the deadline for attorneys to file briefs supporting new motions they're asking Judge Donald Molloy to consider.

Along with moving the trial date, prosecutors responded to briefs from the defense asking the judge to drop the first degree murder charge.

But as far as the trial goes, attorneys say it would be a miscarriage of justice if it's not pushed to February.   

U.S. district attorneys say it will take more time than a December court date would allow to prepare and organize all of the evidence for the jury.

Some of this evidence includes DNA results from what they allege could be a blindfold and statements from almost 100 witnesses.

With the massive amount of evidence, prosecutors say it is, "In the interests of justice to give the government sufficient time to prepare its case so the jury will have a clear picture as to what Graham was thinking before and after the crime."

They say, "What Graham was thinking as she pushed the victim over the cliff will be the ultimate issue in this case."

Prosecutors say Graham had planned to kill her new husband, 25-year-old Cody Johnson, while defense attorneys say it happened by accident in the heat of the moment.

Graham was charged with first degree murder, second degree murder and making a false statement-- all felonies she pleaded not guilty to.

Earlier this month, defense attorneys asked the judge to drop a first degree murder charge due to prosecutorial misconduct. They are asking the judge to uphold the charge.

Judge Molloy set the trial for December citing Graham and Johnson's family's right to speedy trial.

Attorneys will appear before Molloy for a status conference Friday morning.

It's not clear when the judge will issue a response to the briefings.

  • NationalMore>>

  • CDC director to visit Ebola outbreak countries

    CDC director to visit Ebola outbreak countries

    Friday, August 22 2014 5:35 PM EDT2014-08-22 21:35:40 GMT
    A top U.S. health official plans to travel to West Africa to see firsthand how the Ebola outbreak is unfolding.
    A top U.S. health official plans to travel to West Africa to see firsthand how the Ebola outbreak is unfolding.
  • Woman set reservation fire to give friends work

    Woman set reservation fire to give friends work

    Friday, August 22 2014 5:35 PM EDT2014-08-22 21:35:39 GMT
    The U.S. Justice Department said Friday an Oregon woman pleaded guilty in May to starting a wildfire on the Warm Springs Indian Reservation last year because her firefighter friends were bored and needed work.
    The U.S. Justice Department said Friday an Oregon woman pleaded guilty in May to starting a wildfire on the Warm Springs Indian Reservation last year because her firefighter friends were bored and needed work.
  • Ebola: Care and recovery of 2 American aid workers

    Ebola: Care and recovery of 2 American aid workers

    Friday, August 22 2014 5:35 PM EDT2014-08-22 21:35:16 GMT
    Two American aid workers have recovered from Ebola and left an Atlanta hospital, after weeks of intensive treatment in a special isolation unit.
    Two American aid workers have recovered from Ebola and left an Atlanta hospital, after weeks of intensive treatment in a special isolation unit.
  • Most Popular

  • Most Popular StoriesMost Popular StoriesMore>>

  • Seven Arrested in Kalispell Sex Sting

    Seven Arrested in Kalispell Sex Sting

    Friday, August 22 2014 3:10 PM EDT2014-08-22 19:10:39 GMT
    A four-day online sex sting ends with the arrest of seven Flathead men for sexual abuse of children, and more arrests are pending.
    A four-day online sex sting ends with the arrest of seven Flathead men for sexual abuse of children, and more arrests are pending.
  • Cobell Settlement Checks Could Be Mailed By Fall 2014

    Cobell Settlement Checks Could Be Mailed By Fall 2014

    Friday, August 15 2014 9:03 PM EDT2014-08-16 01:03:47 GMT
    The people in charge of doling out money in the Cobell settlement want to put checks in the mail by this fall.
    The people in charge of doling out money in the Cobell settlement want to put checks in the mail by this fall.
  • 2013 Spokane Lilac Festival Armed Forces Torchlight Parade Winners

    2013 Spokane Lilac Festival Armed Forces Torchlight Parade Winners

    Sunday, May 19 2013 10:30 AM EDT2013-05-19 14:30:26 GMT
    KHQ.COM - The results of the 2013 Spokane Lilac Festival Armed Forces Torchlight Parade are coming in. We'll post them as we get them.
    KHQ.COM - The results of the 2013 Spokane Lilac Festival Armed Forces Torchlight Parade are coming in. We'll post them as we get them. In the meantime, if you have any photos from Saturday night's parade and want to submit them for a slideshow, please send them to pix@khq.com 
  • LOOK: Faces Of WA State's Missing People

    LOOK: Faces Of WA State's Missing People

    Thursday, February 27 2014 11:49 AM EST2014-02-27 16:49:33 GMT
    SPOKANE, Wash. - The missing persons listed in this slideshow resided in the state of Washington at the time of their disappearance or may have traveled to Washington State. These pictures came from Washington State Patrol's website. If you have any information about any of these missing people call 1-800-543-5678.
    SPOKANE, Wash. - The missing persons listed in this slideshow resided in the state of Washington at the time of their disappearance or may have traveled to Washington State. These pictures came from Washington State Patrol's website. If you have any information about any of these missing people call 1-800-543-5678.
  • PHOTOS: Harvest 2014

    PHOTOS: Harvest 2014

    Thursday, August 21 2014 9:18 PM EDT2014-08-22 01:18:43 GMT
    SPOKANE, Wash. - One of the great parts about living in Spokane, is if you head out of town in any direction, you're going to run into some beautiful farm land. I grew up south of Spokane, near Plaza, and one of my favorite things to do was to sit on the porch at night and stare south towards Rosalia at all of the rolling hills of wheat, lentils, barley and peas. 
    SPOKANE, Wash. - One of the great parts about living in Spokane, is if you head out of town in any direction, you're going to run into some beautiful farm land. I grew up south of Spokane, near Plaza, and one of my favorite things to do was to sit on the porch at night and stare south towards Rosalia at all of the rolling hills of wheat, lentils, barley and peas. 
  • Sheriff Deputy Dunn Memorial

    Sheriff Deputy Dunn Memorial

    Thursday, August 21 2014 8:43 PM EDT2014-08-22 00:43:09 GMT
    Full coverage from the memorial of Deputy Joe Dunn.

    Full coverage from the memorial of Deputy Joe Dunn.


  • PHOTOS: Flash flooding & mudslides trap people in Okanogan County

    PHOTOS: Flash flooding & mudslides trap people in Okanogan County

    Friday, August 22 2014 5:05 PM EDT2014-08-22 21:05:03 GMT
    OKANOGAN COUNTY, Wash.- A Washington state trooper says floods and mud slides triggered by heavy rain on wildfire-burned terrain in north-central Washington have blocked portions of two highways, stranding some motorists.
    OKANOGAN COUNTY, Wash.- A Washington state trooper says floods and mud slides triggered by heavy rain on wildfire-burned terrain in north-central Washington have blocked portions of two highways, stranding some motorists.
  • One Dead In Crash North Of Whitefish

    One Dead In Crash North Of Whitefish

    Thursday, August 21 2014 4:11 PM EDT2014-08-21 20:11:40 GMT
    Glacier National ParkGlacier National Park
    A 23-year-old woman is dead and two other people are in serious condition following a crash on Highway 93 north of Whitefish that snarled traffic for over two hours.
    A 23-year-old woman is dead and two other people are in serious condition following a crash on Highway 93 north of Whitefish that snarled traffic for over two hours.
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.