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

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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.

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