(CBS/AP) HELENA, Mont. - Defense attorneys for a Montana woman accused of pushing her husband of eight days off a cliff at the Glacier National Park in July say prosecutors are now claiming the woman may have blindfolded him before allegedly pushing him off the ledge, according to CBS affiliate KXLH.
Jordan Linn Graham was charged with first degree murder and lying to authorities when they questioned her on Cody Johnson’s whereabouts. A trial is set to begin next month.
According to the station, new filing documents say defense attorneys revealed that prosecutors are waiting in DNA results from a cloth found on a shoal in the river near the place where Johnson’s body was found.
Graham’s lawyers reportedly said prosecutors premeditation claim may be proved now that they believe she may have blindfolded him before pushing him off the cliff.
Defense attorneys argue that claim by saying that if the couple were arguing intensely, it hardly seems possible that they would stop the fight so that Graham could place a blindfold on Johnson, reports the station. They now want to know if the “blindfold theory” was given to the grand jury and why it was not mentioned in the charging documents, according to KXLH.
Graham’s attorneys are also asking a judge to dismiss the indictment on first degree murder because investigators allegedly failed to record an hour and a half of her initial interrogation and twisted her statements.
The next hearing in the case is scheduled for November 27.