Judge won't dismiss premeditated murder charge

A federal judge turned down a request to drop charges against a Kalispell newlywed accused of killing her husband by pushing him off a cliff in Glacier National Park on July 7.

Following a hearing in Missoula on Nov. 15, U.S. District Court Judge Donald Molloy rejected a motion by defense attorneys to dismiss the indictment against Jordan Graham, 22, or at least the first-degree premeditated murder charge.

Molloy also turned down the prosecution’s motion to delay Graham’s trial beyond the scheduled Dec. 9 starting date so results from DNA tests on a piece of cloth found near the husband’s body can be obtained.

The prosecution may claim the piece of cloth was used to blindfold Cody Johnson, 25,  before he went off the cliff. This theory could be used to show premeditation by Graham, who faces charges of first-degree murder or second-degree murder and making false statements.

Graham and Johnson had been married eight days when a heated discussion about their marital relationship took place on the Loop Trail, not far from the Going-to-the-Sun Road, and turned deadly.

Graham’s federal public defender, Michael Donahoe, maintains Johnson’s death was an accident, and Graham repeated her claim during the Nov. 15 hearing that she only meant to remove Johnson’s hand from her arm and not push him off the cliff.

The defense also claims Graham was unfairly questioned by FBI agent Stacey Smiedala for nearly 1 1/2 hours alone and without recording equipment turned on.

According to motions filed with the court, the prosecution intends to prove Graham’s guilt by showing her mental state, using statements from law enforcement investigators, text messages, video surveillance, testimony by friends and people who knew Graham, and actions Graham took after Johnson’s death that misled investigators.

The defense opposes the use of non-expert witnesses to prove Graham’s mental state, noting that 25 of the prosecution’s 90 listed witnesses attended the same church as Graham.

The defense also opposes the prosecution’s plan to introduce autopsy photographs. The prosecution claims the photos show trauma to Johnson’s face and skull, indicating he fell face-first because he was pushed of the cliff.

And the defense has requested that the prosecution be forced to produce background information on Smiedala, including personnel files, training manuals and qualifications.

Molloy instructed the prosecution to review the requested information on Smiedala and turn it over to the court for inspection if it “may be subject to disclosure.” In particular, Molloy wanted to see “any evidence that may bear on his capacity for truthfulness, disciplinary records, complaints, specialty training, awards and any clearances that have been obtained or revoked.”