Evidence Filed in Graham Case Could Link Husband to Blindfold - ABC FOX MONTANA NEWS, WEATHER, SPORTS - KTMF/KWYB

Evidence Filed in Graham Case Could Link Husband to Blindfold

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New evidence filed in the Jordan Graham case could back up prosecutors' theory that Graham's husband was blindfolded when he was pushed to his death in Glacier National Park. 

U.S. District Attorneys say they will call a FBI forensic examiner to the stand in Graham's trial.

That expert performed mitochondrial DNA tests of four hairs found on a piece of cloth 1000 feet down stream from the body of Graham's husband-- 25-year-old Cody Johnson.

In court documents filed Tuesday, the examiner says Johnson "could not be excluded as the origin of three of those four hairs."

The blindfold theory is one of prosecutors key arguments that Graham went to the park with the intention to kill her husband.

Graham, who pleaded not guilty to charges of first degree murder, second degree murder and making a false statement, is scheduled to go on trial this coming Monday.

Graham's defense team called on Federal District Court Judge Donald Molloy to drop the first degree murder charge.

Judge Molloy released an order Monday explaining his reasons to keep the charge in place.

Judge Molloy says alleged misconduct by FBI agents is not a strong enough reason to drop the first degree murder charge against the 22-year-old, but will still play a very key role in her upcoming trial.

Court documents say an FBI agent did not act illegally when he failed to record Graham's initial confession to pushing her husband 25-year-old Cody Johnson off a cliff in Glacier this last July.

Graham later gave two more statements about what happened, both of which were recorded.

Without Graham's very first confession, Molloy worries the issue of what really happened in Glacier Park will pit Graham's word against the FBI agent and must be presented very cautiously to the jury.

Judge Molloy initially threw out the defense team's request to drop the first degree murder charge on November 15.
    

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