HELENA, Mont. (AP) -- Federal prosecutors say a Montana woman does not have grounds to withdraw her guilty plea to second-degree murder in the death of her husband, who was pushed off a cliff in Glacier National Park last summer.
Attorneys for 22-year-old Jordan Graham of Kalispell filed a motion Tuesday asking that she be allowed to withdraw her plea after a federal sentencing memo argued Graham planned the killing of 25-year-old Cody Johnson. Defense attorney Michael Donahone said the issue of intent was settled when Graham pleaded guilty to second-degree murder based on extreme recklessness.
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.
Graham is scheduled to be sentenced Thursday in Missoula.