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							                   Case 9:13-cr-00037-DWM Document 1 Filed 09/09/13 Page 1 of 1
                                                                                                                                            FILED 

AD 91 (Rev, 11/11) Criminal Complaint
                                                                                                                                            S'P'g 9 2913
                                    . UNITED STATES DISTRICT COURT aa.tc. u.s. DIatrk:t Court
                                                                                   for the                                                   DIIt.rIt.t Of Montana
                                                                                                                                                  ....auIa
                                                                       District of Montana

                  United States of America                                              )
                               v.                                                       )
                    Jordan Linn Graham
                                                                                        )           Case No.            fY\J" -/3 -60, - /Yl -j""tL
                                                                                        )
                                                                                        )
                                                                                        )
                                                                                        )
                      .   Defendant(s}


                                                          CRIMINAL COMPLAINT
         I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of                                        2013                              in the county of                        Flathead                    in the
                       District of                  Montana                       , the defendant(s) violated:

            Code Section                                                                               Offense Description
18 U.S.C. Section 1111,                                 MURDER IN THE SECOND DEGREE 18 U.S.C. Section 1111 (a) and (b)
18 U.S.C. Section 7(3)                                  Penalty: any tenn of years up to life imprisonment




         This criminal complaint is based on these facts:

See attached affidavit.




         if Continued on the attached sheet.


                                                                                                                             Steven Liss,
                                                                                                    . . . . . . ., ,. «< ....,"«< 
               Agent, FBI    .,.,   """",.,""   ,   ...., ..... .
                                                                                                                                Printed name and title

Sworn to before me and signed in my presence.



DMe:y~~13
City and state:                         Missoula, Mont«<a«<.n.,.a
                                                               ...«<.,"""""""""""',.. . . . . . 
              Jeremiah C. Lynch, U.S. Magistrate Judge
                                                                                                         .......
                                                                                                      ",.,     ,""""""'" 

 Case 9:13-cr-00037-DWM Document 1-1 Filed 09/09/13 Page 1 of 5

            AFFIDAVIT IN SUPPORT OF COMPLAINT 




      1.    I, Steven Liss, am a Special Agent (SA) for the Federal
Bureau of Investigation, being duly sworn, and state that I am a
Special Agent of the Federal Bureau of Investigation (FBI). I have
been such for over 26 years. Prior to my employment with the
FBI, I served as a police officer and detective with the Ocean City,
Maryland Police Department for over four continuous years. As
. part of my duties, I investigate violations of Federal Law,
including violent crimes. I investigated allegations of murder
against Jordan Linn Graham of Kalispell, Montana. The
statements contained in this affidavit are based in part on my own
investigation and conversation with other law enforcement
officers. Since this affidavit is being submitted for the limited
purpose of establishing probable cause in support of this
complaint, I have not included each and every known fact in this
investigation.


      2.    I verify, under penalty of perjury, the following facts
that I believe establish probable cause that on or about July 7,
2013, within the exterior boundaries of Glacier National Park, in
Flathead County, in Montana, Jordan Linn Graham did
knowingly and unlawfully kill Cody L. Johnson, with malice
aforethought, a violation of Title 18 USC § 1111.




                                1

 Case 9:13-cr-00037-DWM Document 1-1 Filed 09/09/13 Page 2 of 5

           AFFIDAVIT IN SUPPORT OF COMPLAINT 


     a.    On July 8,2013, Kalispell Police Department (KPD)
received a report of a missing person. The missing male was
identified as Cody L. Johnson (Johnson) of Kalispell, Montana.


     b.    On July 9,2013, law enforcement interviewed Graham,
Johnson's wife. Graham provided the following information about
the day of Johnson's disappearance: Mter attending dinner with
friends, they drove home. During the drive home, Johnson
received a cell phone call that caused him to be upset. When she
and Johnson arrived at their home at approximately 2145 hours,
she realized her phone was going dead and needed to be charged.
Graham then drove by herself from her home to another location
to collect her phone charger. Graham said while she was
retrieving her cell phone charger, sometime after 2145 hours, she
received a cellular text message from Johnson's phone saying he
was going for a drive with a friend from out of town. When
Graham arrived back at the house she advised she saw a dark
colored car pulling out of the driveway. Graham stated she is sure
Johnson was in the dark car. In a subsequent interview, Graham
advised she and Johnson routinely delete their text messages,
thus she was unable to produce the above-referenced text for
vIewIng.


     c.    On July 11, 2013, K.M. was interviewed by law
enforcement. K.M. advised she was a friend of Graham and
Johnson. According to K.M., Graham recently informed her she
                               2

 Case 9:13-cr-00037-DWM Document 1-1 Filed 09/09/13 Page 3 of 5

           AFFIDAVIT IN SUPPORT OF COMPLAINT 


was having second thoughts about having been married and
needed to talk with somebody regarding her issue. Graham
informed K.M. she intended to discuss the matter with Johnson on
Sunday, July 7, 2013. On July 7, 2013, at 2056 hours, Graham
sent K.M. a text message stating, "Oh well, I'm about to talk to
him." K.M. responded, "I'll pray for you guys." Graham
responded, "But dead serious if u don't hear from me at all again
tonight, something happened."


      d.   On July 11, 2013, at approximately 2030 hours, U.S.
Park Ranger S.P. was dispatched to the Lake McDonald Camp
Store in Glacier National Park for a visitor reporting a dead body
within the exterior boundaries of Glacier National Park. Graham
was identified as the reporting party who informed Ranger S.P.
she had located a dead body. The body was located below a
popular viewpoint and parking area, called the "The Loop".
Ranger S.P. commented to Graham he thought it was unusual
that she had found the body. Graham replied, "It was a place he
wanted to see before he died," and "He would come up here with
friends to drive fast when his friends were visiting from out of
state."


      e.   On July 13, 2013, at approximately 2003 hours, law
enforcement interviewed A.H. at the Glacier National Park
Headquarters regarding the decedent. A.H is a close friend of
Graham and Johnson. On July 10, 2013, in the evening, A.H. was
                               3
 Case 9:13-cr-00037-DWM Document 1-1 Filed 09/09/13 Page 4 of 5

             AFFIDAVIT IN SUPPORT OF COMPLAINT 


at a Faith Baptist Church service. At the church, Graham told
A.H. she received an email while at the day care center. The
email said Johnson had left with three friends, went hiking, had
fallen, was dead, and the search should be called off.


      f.     On July 16, 2013, Graham was interviewed by law
enforcement. During the meeting, Graham was advised of her
Miranda Rights and agreed to cooperate with the investigating
agent and detective and provided the following information:
Graham admitted she had lied about the death of her husband
and had provided multiple false statements to law enforcement
and others regarding Johnson's death. Graham stated on the
evening of July 7, 2013, she and Johnson had an argument, were
upset and both had decided to travel to Glacier National Park to
the Trail Loop area. Once there, they walked on The Loop hiking
trail for a while and were arguing. They then walked to the other
side of the trail to an area that was very steep and proceed down
the rocks near a stump. Graham stated their argument
intensified. At one point in time during their arguing, Graham
turned and began to walk away. She stated Johnson grabbed her
by the arm. Graham turned and removed Johnson's hand from
her arm. Mter removing Johnson's hand from her arm, Graham
stated she could have just walked away, but due to her anger, she
pushed Johnson with both hands in the back and as a result, he
fell face first off the cliff.


                                 4

     Case 9:13-cr-00037-DWM Document 1-1 Filed 09/09/13 Page 5 of 5

               AFFIDAVIT IN SUPPORT OF COMPLAINT 





                           Steven Liss
                           Special Agent
                           Federal Bureau of Investigation



Subscribed and sworn to before me this ~ day of September, 2013, at
Missoula, Montana.




                            o orable Jeremiah C.
                              ted States Magistrate
                            istrict of Montana
                           Missoula, Montana




                                   5

     Case 9:13-cr-00037-DWM Document 28 Filed 10/03/13 Page 1 of 4


ZENO B. BAUCUS
KRIS A. MCLEAN
                                                             FILED 

U.S. Attorney's Office                                        OCT 03 2013
901 Front Street                                           Clel1<, u.s District Court 

Suite 1100                                                    DlStnct Of Montana 

                                                                  Great Falls 

Helena, Montana 59626
Phone: (406) 467-5120
FAX: (406) 457-5130
Email: zeno.baucus@usdoj.gov
       kris.mclean@usdoj,gov
ATTORNEY FOR PLAINTIFF
UNITED STATES OF AMERICA

           IN THE UNITED STATES DISTRICT COURT 

               FOR THE DISTRICT OF MONTANA 

                         MISSOULA DIVISION 


 UNITED STATES OF AMERICA,              CR 13- 3( - M- l:L.oin

            Plaintiff,                  INDICTMENT

     vs.                                FIRST DEGREE MURDER 

                                        (Count I) 

                                        Title 18 U.S.C. §§ 7(3) and l111(a) 

 JORDAN LINN GRAHAM,                    and (b) 

                                        (Penalty: Mandatory life 

            Defendant.                  imprisonment, $250,000 fine, and 

                                        five years supervised release) 


                                        SECOND DEGREE MURDER 

                                        (Count II) 

                                        Title 18 U.S.C. §§ 7(3) and 1111(a) 

                                        and (b) 

                                        (Penalty: Maximum of life 

                                        imprisonment, $250,000 fine, and 

                                        five years supervised release) 




                                   1

        Case 9:13-cr-00037-DWM Document 28 Filed 10/03/13 Page 2 of 4



                                           FALSE STATEMENT
                                           (Count III)
                                           Title 18 U.S.C. § 1001
                                           (Penalty: Five years
                                           imprisonment, $250,000 fine, and
                                           three years supervised release)




THE GRAND JURY CHARGES:

                                 COUNT I

      That on or about July 7, 2013, in Flathead County, within the

special territorial jurisdiction of the United States, that being Glacier

National Park, and within the District of Montana, JORDAN LINN

GRAHAM, knowingly and unlawfully killed Cody Johnson with malice

aforethought and premeditation, in violation of 18 U.S.C. §§ 7(3) and

11 11 (a) and (b).

                                 COUNT II

      That on or about July 7, 2013, in Flathead County, within the

special territorial jurisdiction of the United States, that being Glacier

National Park, and within the District of Montana, JORDAN LINN

GRAHAM, knowingly and unlawfully killed Cody Johnson with malice

aforethought, in violation of 18 U.S.C. §§ 7(3) and 11 11 (a) and (b).



                                      2

       Case 9:13-cr-00037-DWM Document 28 Filed 10/03/13 Page 3 of 4



                               COUNT III 


     That on or about July 11, 2013, in Flathead County, in the State

and District of Montana, the defendant, JORDAN LINN GRAHAM, in a

matter within the jurisdiction of the United States National Park

Service, an agency and department of the United States, did willfully

and knowingly make and cause to be made a materially false, fictitious,

and fraudulent statement and representation, that is, the defendant,

JORDAN LINN GRAHAM, in statements to the United States National

Park Service concerning Cody Johnson's disappearance on July 7, 2013,

falsely represented that Cody Johnson's "car buddies from Washington

probably came and got him. He always takes his out of state friends

here," when in truth and fact, as JORDAN LINN GRAHAM, then and

there well knew, she was with Cody Johnson when he last went to

Glacier National Park on July 7,2013, in violation of 18 U.S.C.

§ l001(a)(2).

II

ff

If




                                    3

       Case 9:13-cr-00037-DWM Document 28 Filed 10/03/13 Page 4 of 4



     A TRUE BILL. 





MICHAEL W. COTTER
United States Attorney
Attorney for Plaintiff




 riminal Chief Assistant U.s. Attorney
Attorney for Plaintiff 





                                                     Crimi SIImmons,?"",,,,_
                                                    WeI",m"      ~ ,
                                                    f4t.                I




                                     4

        Case 9:13-cr-00037-DWM Document 32 Filed 10/03/13 Page 1 of 1




                IN THE UNITED STATES DISTRICT COURT

                     FOR THE DISTRICT OF MONTANA

                             MISSOULA DIVISION

 UNITED STATES OF AMERICA,                Crim No. CR 13-37-M-DWM

                Plaintiff,

 vs.                                                      ORDER

 JORDAN LINN GRAHAM,

               Defendants.


       Pursuant to the unopposed motion of Defendant, JORDAN LINN

GRAHAM, for an Arraignment Hearing;

       IT IS HEREBY ORDERED:

       That an Arraignment Hearing is set for Friday, October 4, 2013, at 1:00 p.m.

at the Russell Smith Courthouse in Missoula, Montana.

       DATED this 3rd day of October, 2013.




                                              Jeremiah C. Lynch
                                              United States Magistrate Judge

						
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