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Author Topic: Kiplyn Davis: Presumed Murdered SPANISH FORK, Utah  (Read 43095 times)
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« Reply #20 on: April 21, 2008, 07:38:40 PM »

Officials will not confirm it’s a search for the remains of Kiplyn Davis, but digging continues in a ravine in Spanish Fork Canyon above a blocked road and a law enforcement mobile command center.

Video from Sky2 shows several men who appear to be sifting dirt pulled from a specific location. 

Video from a KUTV photographer also shows officers with blue lights - possibly CSI style technology - searching the Spanish Fork area in the dark over the weekend.

The Utah County Attorney’s office released a statement that indicated investigators received information about a possible burial site in Spanish Fork Canyon.

Timmy Brent Olsen and Christopher Neal Jeppson are charged with Davis’s murder. She disappeared from Spanish Fork High School in 1995.

The Provo Herald reported that a source indicated that Olsen was with officers in the canyon and may have pointed out the ravine location. Again, law enforcement will not confirm the information. 

Police have been in the canyon location for about 10 days. Officials continuously say they can not confirm or deny the reason for the search activity.
http://www.kutv.com/content/news/local/story.aspx?content_id=73444b7b-0009-4795-ac60-99afdf00237a

Sky2 video at the site

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« Reply #21 on: April 22, 2008, 02:10:40 AM »

I pray they find her soon and the people working to find her stay safe.  Amen.
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« Reply #22 on: April 23, 2008, 07:47:41 AM »



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« Reply #23 on: April 29, 2008, 06:39:34 PM »


Appeals court denies Olsen's plea for review


29 April 2008
The U.S. 10th Circuit Court of Appeals denied Timmy Brent Olsen's petition to rehear a recent appeal of his federal perjury sentence, increasing the likelihood that the murder suspect will have to serve a full 12 1/2 years behind bars for perjury.

The court on Friday handed down its ruling on Olsen's petition, which his attorneys submitted shortly after a ruling in March that upheld his federal perjury sentence. The March ruling was made by a three-judge panel, so Olsen had asked the court to review the appeal en banc, which means the case would be heard by all or a majority of the court's judges.

Olsen was convicted in 2006 on 15 counts of perjury for lying to a federal grand jury that convened to investigate the 1995 disappearance of 15-year-old Kiplyn Davis. He and co-defendant Christopher Neal Jeppson are charged in state court with her murder.

According to Olsen's attorneys, his sentence would normally be 18-24 months, but it was enhanced after prosecutors argued that his perjury was committed in relation to a murder investigation. The U.S. District Court in Salt Lake City agreed to cross-reference the perjury charges, significantly lengthening Olsen's sentence.

Melodie Rydalch, a spokeswoman for the U.S. Attorney's Office, said the 10th Circuit's decision was no surprise.

"It was not unexpected. We had a very strong argument in the direct appeal," she said. "The 10th Circuit found that on the direct appeal.

>>>>the complete article
http://www.heraldextra.com/content/view/264159/17/
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« Reply #24 on: May 16, 2008, 06:51:56 PM »

Deseret Morning News (Salt Lake City)
 
May 16, 2008 Friday 
Separate trials in Kiplyn case?  
PROVO -- May 2 is always a poignant date for the Davis family.

But this year brought increased hope, as volunteer and county crews sifted through tons of dirt in Spanish Fork Canyon looking for any sign of Kiplyn Davis, who disappeared 13 years ago.

"We had that search going on," Richard Davis, Kiplyn's father, said Thursday. "(We hoped) maybe this is the day we bring her home, on the anniversary of her disappearance."

But the day came and went with no clues. No closure.

The search continues daily, however, through the soil at Spanish Fork River Park. At this point, prosecutors say they haven't found anything.

"I'll never be able to pay people back," Davis said, tearing up. "I'm grateful for their faith, what they're doing for me. (It shows) how much love people have for each other."

Davis and his family were in 4th District Court Thursday morning, listening to attorneys argue over several motions in the murder case against two of Kiplyn's schoolmates.

Timmy Brent Olsen and Christopher Neal Jeppson were allegedly some of the last people seen with Kiplyn at Spanish Fork High School on May 2, 1995.

But their attorneys argue that the state has no forensic evidence -- like a body or a murder weapon -- to tie their clients to the crime.

At this point, "both are charged in relation to a crime the evidence of which appears to be only what each of them said, supposedly about whether they were involved, without articulating time, manner or means," said defense attorney Scott Williams, who represents Jeppson.

Williams argued that the men's upcoming murder trial -- which could be as long as five weeks -- should be severed, since Olsen has made far more incriminating statements to others than Jeppson. Williams also alluded to a potential plea deal for Olsen.

"There are events and statements that have been provided to us in discovery that relate to Timmy Olsen and his activities and discussions with law enforcement and prosecutors," Williams said.

He said the information might help clear Jeppson, but they couldn't introduce it if the trial was with Olsen as a co-defendant.

"Our understanding is it was derived ... in the course of ... plea discussions," Williams said.

Prosecutor Mariane O'Bryant said the county is always interested in plea negotiations, and that police are reviewing additional information provided within the past month.

"It could have an impact on severance," she said, "depending on what's in the report."

She said it's a complicated legal position, because if the report has information that could be useful in a theoretical plea deal with Olsen, the state is obligated to provide it to defense. However, it might not be allowed to come in at trial, being protected under rules governing plea deals. She said she hasn't even seen the report yet.

However, additional information aside, O'Bryant said she doesn't think the cases need to be severed because there are so many overlapping witnesses.

"They're not conflicting or antagonist, their (cases are) simply different," she said. "I don't believe there's enough to justify severing the two defendants."

Defense attorneys also argued that because of prejudicial media coverage, the case should be moved, even if it means driving several hours to a different city and court.

"Convenience is low on the threshold when determining whether a change of venue should be granted," said Olsen's defense attorney, Carolyn Howard. "Our main concern is the ... defendant. If everybody has to get in their cars and drive somewhere else, we're going to do that. (He's) facing life in prison."

Prosecutors argued against a change, saying the publicity in this case hasn't been greater than it has been in other high-profile criminal cases in 4th District Court, and that a fair jury pool could still be obtained.

Judge Lynn Davis said he would rule within a month on some motions and after additional information has been filed on the others. 
http://www6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFullDocument&orgId=574&topicId=100020825&docId=l:792621003&start=4
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« Reply #25 on: May 17, 2008, 09:27:24 AM »



Lawyers for Kiplyn Davis' accused killers disagree on trial venue

SALT LAKE CITY (ABC 4 News) - Lawyers for Timmy Olsen and Christopher Jeppson were back in court on Thursday, battling over where they think their clients can get a fair trial.

Olsen's attorney wants to move the trial to southern Utah, and Jeppson's attorney wants it in Salt Lake City because there is a bigger jury pool.

There are concerns among defense attorneys over whether the pair could get a fair trial in Utah county because of the extensive media coverage of the case.

Prosecutors believe an impartial jury can be found in Utah County.

Olsen and Jeppson are charged with murder in the 1995 death of Spanish Fork teen Kiplyn Davis.

Meanwhile, the search for Kiplyn's remains continues in Spanish Fork Canyon at a location provided to investigators by Timmy Olsen last month.

http://www.abc4.com/news/local/story.aspx?content_id=b6dcc8ff-8877-4406-9915-07480cee9bc1
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« Reply #26 on: May 20, 2008, 09:15:28 PM »

Two suspects in Kiplyn Davis case ask for sentencing delays

May 20, 2008
Two suspects in the disappearance of Kiplyn Davis have asked that their sentencings next Thursday for perjury be delayed for legal reasons.

Christopher Neal Jeppson and David Rucker Leifson have filed motions to postpone their sentencing on charges they lied to a federal grand jury and an FBI agent about what they know about the fate of the 15-year-old Spanish Fork High School student.

Jeppson has filed a motion for a new trial, claiming federal prosecutors withheld evidence that he could have used during his trial. A federal jury found Jeppson guilty of perjury last September.

In his motion, Jeppson said prosecutors failed to reveal to his defense attorneys that another student at Spanish Fork High School, who claimed to be the last person to see Davis alive, had failed a polygraph test and asked others to make up false alibis for him on where he was on the day of the disappearance.

Leifson has also asked the court to put off his sentencing. In his motion, Leifson's attorney says he is still currently negotiating with prosecutors over several legal issues, including how much time Leifson should serve in prison.

Last October, Leifson accepted a plea deal with prosecutors, avoiding trial. Leifson plead guilty to one count of perjury in exchange for having five other counts dismissed.

In his motion, Leifson's attorney, Ed Brass, argues his client should serve less than 60 months in prison, which is the current sentence calculated under the federal sentencing guidelines.

A judge has already granted a motion to continue Jeppson's sentencing. Jeppson is also charged along with Timmy Brent Olsen in Davis' murder in state court.

Olsen was the first to be sentenced for perjury in federal court after a jury found him guilty of perjury. Olsen was sentenced to serve 12 years in federal prison, which included a cross-reference enhancement to criminal activity.

U.S. District Attorney for Utah spokeswoman Melodie Rydalch said her office is prepared to move forward with Leifson's sentencing on Thursday. A federal judge has yet to rule on whether the hearing will be continued.

Davis vanished from her school on May 2, 1995. Investigators believe she was taken up Spanish Fork Canyon where she was raped, killed and her body buried in a secret location.

Police say for more than a decade Davis' disappearance has been surrounded by a conspiracy of silence among fellow students, who have given police false alibis and threatened others to keep quiet.

http://deseretnews.com/article/1,5143,700227635,00.html
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« Reply #27 on: May 22, 2008, 11:27:59 AM »

ahhhhh, now how great is this!


++++++++++++++++


Sentencing delayed — one day

May 22, 2008 12:34 a.m
A federal judge has granted a request by a suspect in the Kiplyn Davis disappearance to have his sentencing delayed, but by only one day.

On Wednesday, U.S. District Judge Tena Campbell granted a motion by David Rucker Leifson to have his sentencing for perjury put off while his attorney works out some legal issues. Originally set for Thursday, Campbell has set sentencing for Friday morning.

Leifson pleaded guilty last October to perjury as part of a plea deal with prosecutors. He is accused of lying to a federal grand jury and an FBI agent about what he knew regarding the disappearance of 15-year-old Kiplyn Davis.

Davis vanished from Spanish Fork High School on May 2, 1995. Police believe Davis was taken up Spanish Fork Canyon where she was raped, killed and buried in a secret location. Her body has never been found.

Come Friday, Leifson will be the second person sentenced for perjury. Timmy Brent Olsen was sentenced to 12 years in federal prison after a federal jury found him guilty of lying to investigators about making statements that he killed Davis.

Olsen, along with Christopher Jeppson, are both charged with Davis' murder in state court and are awaiting trial.

http://deseretnews.com/article/1,5143,700228031,00.html
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« Reply #28 on: May 25, 2008, 10:37:13 AM »

Agent no-show leads to delay in Kiplyn case

 May 24, 2008
A no-show by a key FBI agent on Friday led to the continuance of a sentencing hearing for a man charged with perjury related to the Kiplyn Davis disappearance.


David Rucker Leifson appeared in U.S. District Court prepared to face sentencing on one count of perjury but was sent home after U.S. District Judge Tena Campbell said she could not make a decision on a sentencing enhancement without hearing from FBI Special Agent Mike Anderson. Anderson presided over the perjury investigation that led to the indictment of five men for lying to a federal grand jury and the FBI about what they knew regarding Davis' fate.

 Olsen appealed the use of the cross-reference enhancement to the 10th Circuit Court of Appeals, which upheld his sentence.

Campbell said that, under the Olsen ruling, Leifson's lie would have to be related to the underlying crime of murder, and the government would have to show it obstructed its investigation.

In a plea agreement, Leifson admitted to lying when he denied having two heated arguments with Olsen, furious that Olsen had told others that Leifson was behind Davis' disappearance. According to the indictment against Leifson, two people were witnesses to both confrontations, and a third witness recorded Leifson admitting to having the arguments while wearing a concealed wire.

During Olsen's perjury trial in July 2006, Olsen's former girlfriend testified that while she and Olsen were "dragging" Main Street in Spanish Fork in the summer of 1996, an angry Leifson forced their car off the road. Leifson walked up to their car and warned Olsen to stop telling people that he was involved in Davis' murder and disappearance and that he "better keep his mouth shut," the woman testified.

 Campbell said she was struggling with how Leifson's perjury obstructed the Davis investigation and wanted to hear testimony from Anderson.

Assistant U.S. Attorney Carlos Esqueda said Anderson was in West Virginia giving lie-detector tests. Campbell said she made it clear in advance that she wanted to hear Anderson's testimony.

"This is an important matter," she said. "You won't have any evidence to prove your point."

>>>>the complete article
http://deseretnews.com/article/1,5143,700228688,00.html
At the beginning of the hearing Friday, Campbell asked federal prosecutors if Anderson was present to testify about a cross-reference enhancement, which could mean the difference between Leifson serving just over a year or five years in prison.

Prosecutors claim Leifson should serve more prison time because the lies he told were connected to a murder investigation. Federal law provides such an enhancement, which was used to sentence Timmy Brent Olsen to 12 years for perjury. Olsen, along with Christopher Neal Jeppson, also is charged with Davis' murder in state court.

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« Reply #29 on: May 29, 2008, 05:58:09 AM »

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« Reply #30 on: June 28, 2008, 07:36:12 AM »



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« Reply #31 on: July 03, 2008, 04:23:00 PM »

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« Reply #32 on: July 09, 2008, 12:17:18 PM »

Judge to consider moving trials

 July 9, 2008 11:05 AM ET
PROVO, Utah (AP) - A judge wants more information before he decides whether to move the trials of 2 men charged with killing a teenage girl who disappeared in 1995.

Timmy Olsen and Christopher Jeppson are both charged with murder in the case of Kiplyn Davis, a 15-year-old who disappeared from school and is presumed dead. Her body has not been found.

Fourth District Judge Lynn Davis granted a motion last week to separate the trials of the two men. He set an Aug. 20 hearing date for defense attorneys to present more information on why they feel the trial should be moved out of Utah County, where they say it will be difficult to seat an impartial jury because of the publicity in the case.

http://www.localnews8.com/Global/story.asp?S=8647058&nav=menu554_2
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« Reply #33 on: September 18, 2008, 12:07:47 PM »

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« Reply #34 on: September 18, 2008, 12:09:21 PM »

Deseret Morning News (Salt Lake City)
 
September 18, 2008 Thursday 
 
Accused killer seeks new venue in Kiplyn Davis case
 
PROVO -- The entire Utah County community is too entrenched in the tragedy of Kiplyn Davis for her accused killers to get a fair trial here, an attorney argued Wednesday.

Christopher Neal Jeppson's attorney, Scott Williams, argued in 4th District Court that Jeppson's upcoming murder trial should be moved to another venue outside Utah County.

"The focus is ... not the extent to which the county may have some people who have some familiarity (with the case), but the extent to which a case is of a nature, has a history such that it is embedded in the community conscience," Williams said.

Jeppson, and former Spanish Fork High School classmate, Timmy Brent Olsen, are both charged with the death of 15-year-old Kiplyn Davis, who disappeared from school on May 2, 1995.

Both have been convicted and sentenced for lying to federal officials about their knowledge of her disappearance and are awaiting a murder trial.

Williams argued that hundreds of news articles and hours and hours of television coverage have created too much of a sense of sympathy for the Davis family, that while understandable and noble, is problematic for the court process and a fair trial for Jeppson.

Prosecutor Sherry Ragan disagreed that the community is too immersed in the story to be fair and impartial, and in fact said having the trial in Utah County might be beneficial to Jeppson.

"There are many people in the community who think that Mr. Jeppson is a victim here," Ragan said. "A jury could sympathize with him and view him as a hometown boy who is being victimized. To say that at some point the jury might sympathize too much with the victim is not a valid point for that reason."

Judge Lynn Davis said he would rule in writing within 30 days. He'll also be ruling on the same motion from Olsen and his attorney who argued the issue previously. 
http://www6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFullDocument&orgId=574&topicId=100020825&docId=l:853728203&start=1
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« Reply #35 on: October 23, 2008, 10:30:50 AM »

Deseret Morning News (Salt Lake City)
 
October 23, 2008 Thursday 
 
April trial date is set in Kiplyn Davis case
 
PROVO -- After more than 13 years of waiting, Richard Davis can circle April 6 on his calendar.

That's the first day of a four-week trial scheduled for Timmy Brent Olsen, one of the men charged with abducting and killing Davis' 15-year-old daughter, Kiplyn.

"We've got a date," an elated Davis said outside the 4th District Court room. "I feel, honestly, we're gonna win this."

The decision to set a trial date for Olsen's first-degree felony murder charge came late Wednesday after Judge Lynn Davis denied a change-of-venue motion filed by Olsen's attorneys.

The attorneys had argued that it would be impossible to get an untainted jury pool in a community saturated by media coverage and personal familiarity with the case.

Prepared for such a denial, defense attorney Jeremy Delicino said he would be seeking an interlocutory appeal, meaning he will ask the Utah Supreme Court if it will allow him to appeal the judge's decision.

In the interim, Olsen's case, and that of his former classmate, Christopher Neal Jeppson, can still proceed.

Olsen's trial is scheduled to begin April 6, 2009, and go each Monday, Tuesday, Thursday, Friday until May 1. On Wednesdays, Davis deals with other pending cases in 4th District Court.

There will be another status conference for Olsen's case on Dec. 10.

"It seems like the appropriate thing to do, to have it in the community where it occurred, give the family access, the witnesses better access, and the defendant's family better access," said prosecutor Mariane O'Bryant.

Olsen and Jeppson both face murder charges for their involvement with Kiplyn on May 2, 1995, the day she disappeared from Spanish Fork High School after lunch. She is presumed dead.

Both men were also indicted by federal grand juries for lying to investigators about what they knew concerning her disappearance and are serving lengthy federal commitments.

The judge's ruling on Jeppson's motion to change venue will be heard next week, as the cases are proceeding independent of each other.

Prosecutors had argued against a change of venue in the Olsen trial, stating that Utah County has grown exponentially since 1995, and many residents weren't even living in Utah when the crime allegedly occurred.

They also stated that they believe the jury selection process is fair enough to weed out any individual who might be biased. 
http://www6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFullDocument&orgId=574&topicId=100020825&docId=l:873035458&start=1
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« Reply #36 on: October 23, 2008, 10:55:21 AM »

Change of venue denied in missing teen case

Associated Press - October 23, 2008 9:45 AM ET

PROVO, Utah (AP) - A judge has denied the request for a change of venue in the trial of a man accused of killing a Utah County teen.

Judge Lynn Davis said Wednesday that Timmy Brent Olsen's request was seriously considered. He said his written ruling will be complete within 10 days.

Olsen and another man, Christopher Neal Jeppson, are charged with the murder of Kiplyn Davis, who disappeared from Spanish Fork High School in May 1995. Her body has never been found.

Olsen's attorney, Jeremy Delicino, had argued that the trial could not have a fair jury pool in Utah County. Delicino says he will appeal the ruling.

The judge has not ruled on a change of venue request by Jeppson.

Olsen's trial is set to start April 6, 2009.

http://www.localnews8.com/Global/story.asp?S=9226237&nav=menu554_2_3
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« Reply #37 on: December 10, 2008, 09:13:10 PM »



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« Reply #38 on: December 11, 2008, 08:33:41 AM »




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« Reply #39 on: March 24, 2009, 08:52:06 PM »

Critical Moment May Be Coming In Kiplyn Davis Case

Last Update: 3/20 11:00 pm 

Her family has refused to let her case die, an anguished exercise in seeking justice and a permanent burial place for Kiplyn Davis, who vanished 14 years ago in Spanish Fork. But despite a lengthy investigation, and a raft of state and federal charges against five men, including murder, Kiplyn's body has never been found.

"There's an infinite lack of evidence," said Scott Williams, lawyer for murder defendant Christopher Neal Jeppson. "There's no physical. There is no forensic. There is no eyewitness. There is no murder weapon evidence."

Williams' comments followed a state court hearing in Provo on Friday, in which he presented arguments with the potential to dismantle the case against Jeppson and murder co-defendant Timmy Brent Olsen. The arguments center on a legal standard that pertains to alleged confessions by both men.

"If the court does not find that we met that standard, then we cannot put the confessions in. And if we cannot put the confessions in, we don't have much of a case left," said Mariane O'Bryant, a prosecutor in the Utah County Attorney's Office, who continued to express confidence going forward.

The judge will not rule immediately, but rather wait to hear from Olsen's lawyer next month.

At a preliminary hearing in early 2008, seven people reportedly testified they heard Olsen admit involvement in Kiplyn's murder. It was also reported that Jeppson's ex-wife and girlfriend both heard him say he killed Kiplyn, only to add he was joking.

Kiplyn's father has pleaded with the men, many of them former classmates of his daughter at Spanish Fork High School, to reveal details of her murder. He has also publicly asked for help from their families, and said he would recommend leniency in return for cooperation. One by one, Olsen, Jeppson, David Rucker Leifson, Scott Brunson, and Gary Von Blackmore pleaded guilty or were convicted of lying in the federal investigation into Kiplyn's disappearance.

"In my heart, I know where Kiplyn is spiritually," said Richard
http://www.kutv.com/content/news/local/story/Critical-Moment-May-Be-Coming-In-Kiplyn-Davis-Case/bwSOVe9MFkOeE_eoC1RB9A.cspx
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