Prosecutors: Glacier Park newlywed lacks grounds to withdraw her plea

HELENA — A Montana woman facing sentencing for pushing her husband off a cliff in Glacier National Park eight days after the two were married last summer should not be allowed to withdraw her guilty plea to second-degree murder, federal prosecutors argued.

Attorneys for Jordan Linn Graham, 22, of Kalispell filed a motion Tuesday asking that she be allowed to withdraw her plea after a federal sentencing memo argued Graham appeared to plan the July 7 killing of Cody Johnson, 25. Defense attorney Michael Donahoe said the issue of intent was settled when Graham pleaded guilty to second-degree murder based on extreme recklessness.

Donahoe added that once the issue of intent is settled, prosecutors should not be able to raise it as a sentencing factor.

Prosecutors responded Wednesday that they agreed to dismiss the first-degree murder charge but did not agree to ignore other evidence offered at trial in recommending a sentence of 50 years to life.

Assistant U.S. Attorney Kris McLean noted that Graham agreed to plead guilty on Dec. 12 without the benefit of a plea agreement.

At that time, U.S. District Judge Donald Molloy reminded Graham that her plea meant she could face a life sentence in federal prison.

The federal government is not limited by the defendant’s description of events in recommending a prison term, McLean wrote in his response Wednesday. He argued the court can consider any information about the background, character and conduct of the defendant when determining a sentence.