A newlywed bride who allegedly pushed
her husband to his death from a cliff just eight days after their
wedding had blindfolded him before the fall, prosecutors have now
claimed.
Defense attorneys for Jordan Linn Graham, 22, said they were shocked by the '11th hour' theory.
Graham,
from Kalispell, Montana, previously told investigators she pushed her
husband Cody Johnson during an argument, forcing him off the cliff in
Glacier National Park on July 7 this year.
She
has pleaded not guilty to murder - as well as to a charge of making
false statements to law enforcement after she allegedly told officers
she had come across Cody's body while searching for him when he failed
to come home.
Accused: Jordan Linn Graham, center, leaves the
federal courthouse after pleading not guilty to charges last month.
Prosecutors have now claimed she blindfolded her husband before pushing
him off a cliff
But now defense
attorneys have claimed that an FBI interrogator failed to properly
record interviews with Graham - and then later twisted her words.
They
also said they were shocked by claims by the prosecution on October 25
that they had evidence to support their accusation of first-degree
murder because of the blindfold.
The
defense heard 'for the first time' that Graham placed a blindfold on
her husband before pushing him over the ledge - which the prosecution
claims shows premeditation, HLN reported.
In a motion to dismiss charges against Graham - filed November 8 - the defense fought back: 'If, as is stated in the complaint
affidavit, Jordan and Cody were arguing intensely on the ledge it hardly
seems plausible that the argument would cease abruptly so Jordan could
apply a blindfold.
'Frankly at this point the defense has no idea of how
the government intends to try this case.'
Another
motion filed by prosecutors says DNA tests are being carried out on a
piece of cloth found in the area where Johnson's body was found.
Loss: She told investigators she had pushed her husband of eight days, Cody Johnson, during a fight
It asked the judge to delay the trial until February as results could take more than a month.
Graham spoke about a blindfold in an interview with police on July 16, the defense's motion reveals.
'I didn’t want to do that trail because I was afraid that, I mean there is a cliff right there,' Graham said.
'And
you could fall. And he said, "I could do this with a blindfold on". And
he said, "I could just put it on, take a step but I wouldn't even
fall". And I was like - and it just kept going through my head that, um,
you are going to fall or something.'
The defense is now fighting to dismiss the charges.
Federal public defender Michael
Donahoe claimed in documents filed last week that an FBI interrogation specialist
questioned Graham alone for nearly 90 minutes without
recording it.
Donahoe argues the agent did so in order to 'shape' Graham's statements.
Donahoe says investigators then distorted her statements about what happened on the cliff.
Wedding day: She had told a friend she was going
to talk to her husband about having 'second thoughts'. They are
pictured on the day of their wedding - just eight days before he fell to
his death
'Killed': She told authorities she pushed him after he grabbed her and called the death an 'accident'
According to earlier
court documents filed in the case, Graham had told police they had gone
on a hiking trail little over a week after their wedding and they had
started fighting.
'Graham
stated their argument intensified,' the affidavit states. 'At one point
in time during their arguing, Graham turned and began to walk away. She
stated Johnson grabbed her by the arm.'
Graham said she turned around and 'pushed Johnson with both hands in the back and as a result, he fell face first off the cliff,' the affidavit says.
His body was found several days later.
The
affidavit also states that Graham had texted a friend earlier that
night, saying she was planning on talking to her husband about having
'second thoughts'.
'I'll pray for you guys,' her friend responded.
Graham replied: 'Dead serious, if u don’t hear from me at all again tonight, something happened.'
dailymail.co.uk
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