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New allegations by prosecutors suggest that newlywed bride Jordan Linn Graham blindfolded her husband, Cody L. Johnson, before pushing him over the side of a cliff to his death. Graham has pleaded not guilty to first- and second-degree murder charges and making false statements to law enforcement.
"Government counsel told the defense for the first time that premeditation may be proved because the government now believes Jordan placed a blindfold on Cody before pushing him off the ledge," the defense's motion to dismiss charges against Graham."
"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 case 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," the defense's affidavit continued.
Prosecutors maintain that Graham made comments about blindfolding Johnson during their hike, which shows premeditation on her behalf and could lead to a stronger sentence if she is found guilty.
"I didn't want to do that trail because I was afraid that, I mean there is a cliff right there," Graham told detectives. "And you could fall. And he [Johnson] 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."
Police did find a piece of cloth in the area where Johnson's body was found; DNA tests are currently being performed to see if it could have been used. Meanwhile, Graham maintains that she only shoved Johnson in a fit of anger and had no intention of killing him.
"Graham stated their argument intensified. At one point in time during their arguing, Graham turned and began to walk away," court documents read. "She stated Johnson grabbed her by the arm. Graham stated she could have just walked away, but due to her anger, she pushed Johnson with both hands in the back and as a result, he fell face first off the cliff."