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Prosecutors maintain newlywed murder trial should be delayed

By Emily Adamson, KECI Reporter, eadamson@keci.com
Published On: Nov 14 2013 01:04:43 PM MST
Updated On: Nov 14 2013 01:05:27 PM MST
Jordan Linn Graham, Cody Johnson

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MISSOULA, Mont. -

Federal prosecutors continue to urge a judge to push back the trial date for a Kalispell newlywed accused of pushing her husband off a cliff.

In documents filed in federal court Thursday, Assistant U.S. Attorney Zeno Baucus wrote that "it is in the best interest of the public and the victim to grant the continuance."

Currently a December 9 trial is set for Jordan Linn Graham who faces first and second degree murder charges for the death of her husband Cody Lee Johnson. Prosecutors say Graham pushed Johnson off a cliff in Glacier National Park in July, and then lied to authorities about his disappearance.

Prosecutors are asking for the trial to be postponed until February, asking for more time to prepare.

"Here, there was an actual victim who was pushed over a cliff and died. There are family members of the victim who are left to mourn the loss of their loved one," wrote Baucus. "The public interest in this case is most acutely represented by interests of the deceased victim and his family."

Thursday was the deadline for motions from both parties to be filed.

Prosecutors also responded to the defense teams request to dismiss the indictment or alternatively dismiss the first degree murder charge.

A hearing for the case is scheduled for Friday, where parties are expected to discuss jury selection and present evidence in support of the pending motions.

NBC Montana will continue to update this story as more information is available.

Click here to read the United States Reply to Defendant's Response to Government's Motion to Continue.