Jordan Graham's Attorney Wants Charge Dropped - KFBB.com News, Sports and Weather

Jordan Graham's Attorney Wants Charge Dropped

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Defenders of a Kalispell woman, who was accused of pushing her husband off a cliff in July are now asking the judge drop her not guilty plea.

The twenty two year-old is currently facing several charges, including first degree murder, second degree murder, and making a false statement, all of which are felonies that she has pleaded not guilty to. Graham's defense team say the first degree murder charge is based on evidence brought against her by agents who failed to 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 16th.  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 7th, she says quote "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 16th 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 that any evidence filed by the prosecution from this point on should not be allowed 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.

A trial date is scheduled for December 9th.

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