Jordan Graham pleaded guilty in December 2013 to second-degree
murder in the July 7 death of Cody Johnson, 25, her husband of eight
days in a case that garnered international headlines.
The former nanny was sentenced last March to 30 years in prison by a
U.S. judge after he rejected her request to withdraw the guilty plea
that came as part of a deal with prosecutors that saw them dismiss a
first-degree murder charge.
Graham last October appealed her conviction, arguing prosecutors
engaged in misconduct by publicly labeling her a sociopath,
distorted facts and acted in a vindictive manner toward her.
Prosecutors argued in legal documents filed on Wednesday that the
9th U.S. Circuit Court of Appeals should reject Graham's attempts to
overturn her conviction and sentence since her claims of
prosecutorial vindictiveness "are based on the kind of supposition
that will not sustain a valid motion."
Prosecutors also contended that Graham not only killed her husband
in cold blood, but she later lied about it to investigators and even
created a fake email in attempt to cover up the crime.
The email authorities say Graham sent three days after she had
killed her husband, but before his body was found, alleged to be
from someone named "Tony," who said Johnson was gone and the search
for him should stop.
Early in the investigation, Graham told police that her husband had
vanished the evening of July 7, 2013, after going for a ride with
friends from Washington state, prosecutors said.
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Graham initially pleaded not guilty to indictments on first- and
second-degree murder, saying she unintentionally shoved her husband
off a cliff during a martial dispute that broke out while the couple
was hiking a steep trail.
She pleaded guilty to the lesser charge of second-degree murder in
an agreement with prosecutors that came just before closing
arguments in her trial.
Prosecutors disputed Graham's claim that the plea deal required them
to recommend less prison time than the life sentence they sought and
the 30 years the judge ultimately handed down.
(Reporting by Laura Zuckerman in Salmon, Idaho; Editing by Curtis
Skinner, Robert Birsel)
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