From Deseret News archives:

Separate trials in Kiplyn case?

Published: Friday, May 16, 2008 12:03 a.m. MDT
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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.

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E-mail: sisraelsen@desnews.com

Recent comments

Give it up Olsen and Jeppson. Haven't you put the Davis' through...

Anonymous | May 17, 2008 at 4:07 p.m.

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Timmy Brent Olsen

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