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>>> 22-YEAR-OLD JORDAN GRAHAM
ADMITTED TO PUSHING HER NEW
HUSBAND CODY JOHNSON TO HIS
DEATH OFF A CLIFF AND NOT BEHIND
BARS.
SHE IS SITTING IN HER PARENT'S
HOME UNDER HOUSE ARREST AFTER A
JUDGE RELEASED HER ON HER OWN
RECOG ANY SANS.
>> AS SHE GONE OUT AT ALL?
>> NO.
YOU KNOW, IT'S INTERESTING.
WE HAVE STAYED OUTSIDE OF HER
HOME, JUDGE.
ESPECIALLY LAST WEEK WHEN SHE
WAS RELEASED FROM CUSTODY AND
INTO HER PARENT'S CUSTODY AND
WAITED FOR THEM TO GET HOME.
THE HOUSE RIGHT OUTSIDE OF
CALISBEL AND SAW A CAR PULL IN
AND IT LOOKS LIKE AT THAT TIME,
THAT WAS NOT HER CAR.
IT WAS A GENTLEMAN GOT OUT AND
IT APPEARED HE WAS DOING A LOT
OF THINGS TO SORT OF SECURE THE
HOME, WHAT WE NOTICED WAS THAT
HE PUT UP A WHITE PIECE OF PAPER
NEAR THE GARAGE WINDOWS, ALSO
NEAR THE FRONT DOOR WINDOWS AND
THEN THE NEXT DAY WE NOTICED A
LOT OF NO TRESPASSING SIGNS AND
I THINK THEY'RE MAKING SURE THAT
SHE DOES NOT GET SEEN, YOU KNOW,
OR IS SEEN INSIDE OF HER HOUSE
AND I KNOW THAT SHE IS A PART OF
HER MONITORING IS THAT SHE IS
ALLOWED OUT FOR CERTAIN THINGS
LIKE CHURCH AND MEDICAL VISITS
AND WHATNOT BUT WE HAVE NOT SEEN
ANY MOTION FROM THE HOUSE AT
THIS TIME.
>> ALL RIGHT.
NOW, YOU HAVE BEEN TO THE
CLIFFS.
WHAT ARE THEY LIKE?
>> RIGHT.
SO THE CLIFFS, IT'S A SECTION OF
GLACIER NATIONAL PARK KNOWN AS
THE LOOP AND YOU DRIVE UP THERE.
IT'S IN THE ALPINE SECTION OF
THE PARK SO YOU'RE VERY HIGH UP
IN ELEVATION.
AND YOU GET OUT, YOU PARK YOUR
CAR.
IT'S A VERY POPULAR AREA TO HIKE
IN THE LOOP TRAIL, SPECIFICALLY.
AND I STARTED WALKING ON THAT
TRAIL MYSELF.
AND IT'S A VERY NARROW PATH.
AND YOU LOOK DOWN TO ONE SIDE
AND IT'S PRETTY MUCH A SHEER
DROP DOWN.
I EVEN TRIED LOOKING OVER MYSELF
AND IT'S IMPOSSIBLE TO SEE THE
GROUND.
IT'S A VERY TREACHEROUS SORT OF
AREA.
AND YOU DON'T REALLY WANT TO BE
NEAR THE EDGE AT ALL.
AND YOU WANT THE KIND OF STICK
TO THE PATH AND PROBABLY THE
PATH THAT'S, YOU KNOW, NOT NEAR
THE EDGE OF THE CLIFFS.
>> AND REBECCA, I HEAR THAT
THERE ARE SOME WEB CAM --
CAMERAS THERE IN THE PARK?
>> YES, JUDGE.
THERE ARE WEB CAMS THAT ARE IN
THE PARK BUT THEY'RE POINTED AT
CERTAIN POPULAR LOCATIONS IN THE
PARK.
VIEWS OF THE LAKE.
THEIR HEADQUARTERS.
AND FROM WHAT WE HAVE DISCOVERED
THERE ARE NO WEB CAMS UP IN THAT
AREA UP IN THE LOOP AREA.
>> ALL RIGHT.
REBECCA, THANKS SO MUCH.
>>> AND WITH ME NOW, FORMER
PROSECUTORS RICHARD PORTALI AND
STEVE RAZOR AND NOW BOTH DEFENSE
ATTORNEYS.
NOW, RICHARD, A LOT OF PEOPLE
ARE WONDERING WHY THIS WOMAN IS
NOT IN JAIL ON A SECOND-DEGREE
*** CHARGE.
SHOULD SHE BE IN JAIL?
>> ABSOLUTELY NOT.
THE BAIL REFORM ACT IS THERE FOR
A REASON.
THE GOVERNMENT LET HER WONDER
ABOUT FREELY IN THE COMMUNITY
FOR TWO MONTHS AFTER SHE
CONFESSED AND NO NEW --
>> SHE DIDN'T CONFESS TO ***.
SHE SAID BASICALLY HE PUSHED HER
AND SHE PUSHED HIM.
SHE SHOULD BE --
>> SHE HAS A PRESUMPTION OF
INNOCENCE.
>> DIDN'T YOU WORK FOR ME?
>> THE GOVERNMENT HAS TO SHOW
SHE'S A THREAT TO THE COMMUNITY.
THEY COULDN'T PROVE EITHER OF
THE TWO ELEMENTS.
LEAVING HER IN THE COMMUNITY
THEY SHOWED THEY COULDN'T PROVE
IT.
>> STEVE?
>> I AGREE.
SHE IS NOT A FLIGHT RISK AND
APPARENTLY THE JUDGE WHO SET HER
OUT ON R.O.R. AT THIS SORT OF
HOME ARREST WAS PROVEN CORRECTLY
BUT THERE HAVE BEEN NOT BEEN ANY
PROBLEMS.
SHE IS THERE AND NOT A FLIGHT
RISK.
>> LET ME ASK YOU THIS.
THE WOMAN APPARENTLY ONLY PUTS
UP PICTURES OF HUSBAND, EIGHT
DAYS, AFTER HE DIES ON HER
FACEBOOK.
YOU SMIRK.
>> NOT SMIRK.
PRETTY SELF SERVING.
IT'S PRETTY OBSERVE WHAT SHE IS
DOING.
>> IT COULD BE THE FACT THAT HER
HUSBAND JUST DIED AND IT DOES
TAKE A LITTLE WHILE BEFORE THE
PICTURES GET UPLOADED.
FACE IT.
EVEN IN THIS DAY AND AGE, IT
TAKES --
>> OH, BALONEY!
>> I COULD DO THAT RIGHT NOW.
>> IS THAT WHAT YOU DID AFTER
YOU GOT MARRIED.
>> I NEVER KILLED ANYONE.
>> NOT THAT WE KNOW OF.
>> NEVER, NEVER, NEVER.
HOW WILL THE PROSECUTION PROVE
THIS CASE?
SHE SAYS HE PUSHED HER AND HE'S
NOT HERE TO TELL US.
WHAT DO YOU THINK?
>> THERE'S A TRAP STATEMENT.
THERE'S A CONDUCT THAT SHE --
SHE SENT A TEXT MESSAGE AND TO
HER MAID OF HONOR JUST BEFORE
SHE KILLED HIM SAYING IF YOU
DON'T HEAR FROM ME AGAIN
TONIGHT, SOMETHING HAPPENED.
IF I'M THE GOVERNMENT HERE, I'M
GOING TO CALL THE DEFENSE OUT
AND CALL STEVE OUT AND SAY, YOU
NEED TO ADDRESS THAT BECAUSE SHE
KNEW SHE WAS GOING TO DO IT.
HOW DO YOU DEFEND IT?
HE HAS TO ADDRESS IT AT THAT
POINT.
>> HOW DO YOU DEFEND THAT?
>> WELL, IT'S SIMPLE.
IT IS A TEXT THAT SENT TO HER
AND DOESN'T PROVE THAT SHE
INTENDED TO KILL HIM.
IT COULD BE TAKEN A LOT OF
DIFFERENT WAYS.
BY THE WAY, WE TALKED ABOUT THE
PRESUMPTION OF INNOCENCE.
IT APPLIES THE TEXT, TOO.
>> IF I'M A DEFENSE ATTORNEY,
WHAT I SAY IS SHE WAS A BATTERED
WOMAN AND SHE SAID, IF I DON'T
COME BACK, YOU KNOW, THAT SHE
WAS WORRIED ABOUT HIM COMING
AFTER HER.
THAT ALMOST ADDS TO HER DEFENSE.
>> I HATE TO SAY THIS BUT IF SHE
CLAIMS THAT, SHE KNEW EXACTLY --
THEN SHE KNEW THAT HE HAD A
PROPENSITY TO DO SOMETHING LIKE
THAT, SHE SHOULDN'T HAVE BEEN ON
THE EDGE OF A CLIFF WITH HIM
BECAUSE THERE'S AN ELEMENT OF
FEDERAL LAW WITH SELF DEFENSE.
SHE NEGLIGENTLY PUT HERSELF
THERE, SHE'S OUT OF THE SELF
DEFENSE CLAIM AND SAYING THERE'S
A HISTORY OF ABUSE, IT WON'T FLY
AND SHOOT HERSELF IN THE FOOT
THERE.
>> THERE'S NO SELF DEFENSE
CLAIM.
I HAVE TO SAY THAT, AS WELL.
BASED ON THE FACTS.
THE CASE COMES DOWN TO HER
STATEMENTS AND IN HER
STATEMENTS, SHE INDICATES THAT
HE WENT TO GRAB HER.
SHE MOVED AWAY.
HE TURNED AROUND.
SHE KNEW SHE COULD WALK AWAY,
CHOSE NOT TO AND PUSHED HIM IN
THE BACK.
THERE'S NO SELF DEFENSE
ARGUMENT.
WHERE THE DEFENSE HAS TO GO WITH
THE CASE IS A MANSLAUGHTER
ARGUMENT.
THAT'S THE ROAD THEY'LL TAKE.
THAT'S THE ONLY ROAD TO TAKE.
>> HERE'S AN ADDITIONAL PROBLEM.
THE INCONSISTENT STATEMENTS, HOW
DO YOU RECONCILE THEM?
>> IT'S SIMPLE.
YOU RECONCILE SIMPLY BY SAYING
SHE WAS LYING.
WHY?
SHE WAS AFRAID BECAUSE SHE KNEW
SHE DID SOMETHING WRONG AND
KILLED HER HUSBAND.
THAT DOES NOT DEFEAT A
MANSLAUGHTER CHARGE.
>> NOT SURE IT'S THAT EASY.
SHE LIED AND THEN LIED ABOUT THE
LIE AND THEN WE HAVE TO THEN
BELIEVE THAT CONFESSION WAS A
LIE.
LIES ON LIES ON LIES AND TOO
MUCH FOR --
>> YEAH.
SHE IS MISSING HIM ON FACEBOOK
AND THEN -- MISSING HIM ON
FACEBOOK.
>> I DON'T THINK THAT'S GOING TO
BE THE DAMNING EVIDENCE.
>> OH, YOU NEVER KNOW IN A CASE
THIS CLOSE.
>> YEAH?
>> LITTLEST THINGS CAN MAKE A
DIFFERENCE.
>> CAN CARRY A LOT OF WEIGHT.
YOU KNOW THAT.
>> ABSOLUTELY IT CAN.
REALLY ALL YOU'RE DOING IS
TAKING THE SITUATIONS ON
FACEBOOK FOR NEGATIVE
CONNOTATIONS AS WITH THE TEXT
MESSAGE, AS WELL.
YOU CAN'T DO THAT BECAUSE AS A
PROSECUTOR THE BURDEN WILL BE ON
YOU, NOT ON HER.