Missoula , Montana ( CNN ) -- A federal judge on Friday denied a motion to dismiss a murder case against a Montana newlywed bride accused of murdering her husband by shoving him off a cliff at Glacier National Park . The ruling followed a surprise appearance on the witness stand by Jordan Linn Graham , who faces first- and second-degree murder charges in the death of her 25-year-old husband , Cody Johnson . In his decision , U.S. District Court Judge Donald W. Molloy criticized the prosecutors for what he described as `` trial by ambush , '' but said the case will proceed to trial on December 9 . Graham , 21 , wearing a purple sweater and blue jean blouse , took the stand to testify that doubts about her marriage had escalated into a physical altercation during a trail hike . `` We went on a little stump part and we were in the middle of an argument and he thought I was going to run away , '' said Graham . `` Cody had grabbed me and I thought he was going to push me down , '' she said . `` My first instinct was to get him off . '' Graham was indicted last month on charges she intentionally pushed her husband to his death in an angry rage . Her federal public defender Michael Donahoe has asserted in court documents that his death was an accident . Donahoe also accused the government of misconduct related to a series of interrogation interviews the FBI conducted . The part time nanny has pleaded not guilty to the murder charges including making false statements . She remains under house arrest . During her 15 minutes of testimony , Graham accused FBI agent Stacey Smiedala of making her uncomfortable by placing his hand on her knee during an interrogation . `` He held me for five minutes , '' she said . In cross examination , federal prosecutor Kris Mclean showed Graham an affidavit she signed about that unrecorded interview , which lasted an hour and 20 minutes : . `` Under oath you said , 'During the entire time I was in the room by myself with Agent Smiedala , he never took his hands off my knee , ' '' McClean said , seeking to underscore the time discrepancy between her testimony and her signed affidavit . `` Yes , '' she replied . `` I guess to my knowledge I did not know it was going to be translated in that manner . '' In his testimony about interrogation methods , agent Smiedala denied physically touching Graham 's leg , saying he only tried to verbally console her after she broke down in tears after confessing . In a case that has gained national attention , Graham did not initially report the incident . She told local detectives that Johnson had vanished in a dark vehicle the night of July 7 with unknown friends . On July 11 , according to an affidavit , Graham led a group of friends and relatives to a popular spot in the park called `` The Loop , '' where they discovered Johnson 's body . Only after a FBI agent Smiedala showed her a surveillance photo of the couple entering the gates to Glacier National Park did Graham change her story and confess to pushing him off the ledge . `` She began to cry and I told her , `` I am glad you have been honest , '' the agent said . A polygraph was never conducted and Graham was released until a grand jury indicted her last month . Prior to her interrogation , Graham had signed a polygraph examination consent form and waived her right to remain silent without an attorney . Defense attorneys claimed failure to record the first hour and 20 minutes of the interrogation violated state law . Two subsequent interviews were recorded in which Graham allegedly cited the death as an accident and that she acted in self-defense . Judge Molloy said he would rule on the admissibility of her unrecorded statements at a future date . Prosecutors have theorized that Graham blindfolded her husband before pushing him to his death and then lied to cover up the crime , according to motions filed by the defense . Donahoe , the public defender , has criticized prosecutors for labeling Graham a sociopath , accused them of distorting statements she made , and contended they recorded only those segments of interviews that bolstered the government 's case . Donahoe said federal attorneys have not disclosed any evidence of the premeditation alleged in the first-degree murder charge except for mentioning during a recent telephone conference that `` the government now believes Jordan placed a blindfold on Cody before pushing him off the ledge , '' court documents show . The theory is tied to a `` piece of cloth '' found near Johnson 's body that investigators have sent for DNA analysis , according to court documents . The case is being prosecuted in federal court because the incident occurred in a national park .
Judge denies motion to dismiss murder charges against Jordan Linn Graham . Despite what judge calls `` trial by ambush , '' case will go to trial on December 9 . Graham admitted she pushed her husband off a cliff , but claims it was self-defense . FBI agent denies Graham 's claim that the touched her during an interview .