Glacier Park murderer wants a new trial

Defense attorneys in the Jordan Linn Graham case claim their client should get a new trial on a lesser charge.

In documents filed to the Ninth Circuit Court of Appeals earlier this month, defense attorney Michael Donahoe claimed the court can reverse the conviction and order a retrial on manslaughter charges.

In the most recent appeal filing, Donahoe claims the case brought by U.S. Attorneys Zeno Baucus and Kris McLean leaned on a theory that Graham, 23, of Kalispell, had blindfolded her husband of eight days, Cody Johnson, 25, on July 7, 2013 and then pushed him off a cliff in Glacier National Park not far from The Loop on Going-to-the-Sun Road.

Donahoe argues that theory was used to get a grand jury indictment on first-degree murder but was never proven at trial.

Graham pleaded guilty to second-degree murder shortly before the trial went to the jury. She could have been convicted of first-degree murder, second-degree murder or voluntary manslaughter. The higher and lower charges were dropped in a plea agreement, and she was sentenced to more than 30 years in prison.

Prosecutors argued in previous briefs on Graham’s appeal that she lied over and over again, which proves malice on her part.

Graham first lied when she told authorities her husband went out with friends from Washington state and never came home. Pressed by Kalispell police and FBI agents, she confessed to the crime about nine days later.

The FBI was able to garner a confession from Graham by using a Park entrance station videotape showing the couple entering the Park together on the night of the murder.

In addition, Graham set up a fake e-mail account and sent herself e-mails intended to look like they came from Johnson’s friends.

She even went as far as to set up a search party with friends. Graham then “found” Johnson’s body in the ravine below the Loop Trail and told friends she knew where to look because “she just had a feeling. This is a place (Johnson) liked to go.”

Prosecutors also noted that Graham was fully aware she could receive a lengthy prison sentence and acknowledged that point to the court before the accepting the plea deal. Therefore, they said, she has no right to withdraw her plea and be retried.

Donahoe says he wants to inspect the minutes from the grand jury, which he claims will prove vindictive prosecution in an effort to get a plea deal from Graham.

“The government did not prove that (Graham) blindfolded her husband, nor did it prove there was ever an argument on the ledge” prior to Graham pushing Johnson, Donahoe maintains.