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Murder trial starts Monday in Missoula

Jesse Davis | Hagadone News Network | UPDATED 10 years, 11 months AGO
by Jesse Davis
| December 7, 2013 7:30 PM

The stage is set for Monday’s murder trial of Jordan Graham, accused of killing her newlywed husband.

A trial brief filed by the prosecution estimated the case should last between five and eight days, during which it intends to call  39 witnesses and introduce 99 exhibits. 

Jury selection begins Monday in U.S. District Court in Missoula.

Graham is charged with first-degree murder, second-degree murder and making false statements after allegedly pushing her new husband, 25-year-old Cody Johnson, off a cliff in Glacier National Park on July 7, then lying repeatedly to law enforcement about the incident.

Defense attorneys also filed a trial brief that included some new details about its version of what happened that night in the park.

The filing in particular states Graham’s position that it was Johnson who suggested they go to the park that night, and that “for an unknown reason, Cody decided to climb down to a dangerous narrow ledge and convinced Jordan to join him there.”

Johnson then grabbed Graham, who instinctively pushed him off, causing him to lose his balance and fall off the ledge, the defense contends.

The brief contrasted Johnson with Graham, stating that “he did not attend church, liked to race cars, drink beer, play softball and hang with his friends, both male and female,” later adding he “loved to drive fast, even described as recklessly, and accumulated many traffic tickets in his short life, including one for driving 120 mph in a 70 mph zone.”

It also noted that Johnson totaled a pickup truck.

Despite the federal indictment that lists only the two murder charges and the false informing charge, the defense wants to include in its proposed jury verdict form the option to find Graham guilty of voluntary manslaughter in place of either murder charge.

U.S. District Judge Donald Molloy has issued an order siding with defense arguments and barring the prosecution from introducing evidence regarding Graham’s alleged allegations of abuse in prior relationships.

Molloy also ruled that certain photographs from Johnson’s autopsy may not be introduced, and that a ruling on the admissibility of others is reserved for trial.

 Reporter Jesse Davis may be reached at 758-4441 or by email at jdavis@dailyinterlake.com.

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