Attorney is sought in Kiplyn case

PROVO — The chief of the public-defender's office in Utah County is asking a judge to appoint a defense attorney for the man accused of killing a Spanish Fork teenager nearly 11 years ago.

Tom Means, executive director of the Utah County Public Defenders Association, says that legal counsel should immediately be appointed in the first-degree felony murder case so that Timmy Brent Olsen's right to a speedy trial is not violated.

Olsen, 28, is accused in 4th District Court of killing Kiplyn Davis, who vanished from Spanish Fork High School in 1995.

Olsen has been in federal custody since September on a perjury charge for allegedly lying to detectives about his knowledge surrounding Davis' disappearance.

A court-appointed attorney represents him in the perjury case in U.S. District Court but Olsen does not yet have an attorney specifically for the murder case.

Means asked a judge Tuesday to appoint an attorney to represent Olsen. He previously had filed a motion asking for the appointment.

Fourth District Judge Samuel McVey declined to rule, citing the lack of a signed document requesting council from Olsen. McVey also recused himself from hearing the case because of a personal friendship with members of the Davis family.

"If the defendant wants to file something, that will trigger another hearing," McVey said. "I'm not going to set another hearing."

The case will be reassigned to another judge in the next few days.

Olsen did not attend the hearing in 4th District Court Tuesday because federal officials did not want to release him until he's finished with his federal perjury case, said Deputy Utah County Attorney Sherry Ragan.

The Utah County Attorney's Office argued Tuesday that any immediate actions would be premature and out of the court's power.

"Our position is the court doesn't have the jurisdiction to do anything on this case," Ragan said. "He's in federal custody. He's not here. How can you proceed on anything without him being here? It's a violation of his rights."

However, because of the seriousness of the charges, Means said he had already talked with Olsen's federal-case attorney about getting Olsen immediate legal representation in the murder case. He said Olsen's attorney indicated to him that his client wanted a court-appointed attorney.

Means, who said his office would arrange the appointment of an attorney for Olsen, said he is concerned that Olsen's rights to a speedy trial are in danger of being violated.

Individuals have a right to preliminary proceedings within 30 days if they are already in custody for a different crime, Means said.

"Time lines are ticking and need to be complied with," Means said. "The defendant has a right to a speedy trial."

---

E-mail: sisraelsen@desnews.com