Kiplyn case proceeds

PROVO — State and federal prosecutors continue to wage a custody battle over the man accused of killing Kiplyn Davis almost 11 years ago.

Timmy Brent Olsen was scheduled to appear in 4th District Court Wednesday.

As predicted by the Utah County Attorney's Office at a recent hearing, he didn't make the hearing because federal officials, who took him into custody late last year on perjury charges, are balking at letting him out of their custody.

Olsen is charged with lying to federal officers about what he knew about the disappearance and death of 15-year-old Kiplyn Davis, who disappeared from Spanish Fork High School in 1995.

The 28-year-old's perjury trial is scheduled to start Monday — and federal officials have previously said they would not transport Olsen to hearings regarding the first-degree felony charge in Utah County. He has yet to be able to make an appearance in a Provo courtroom on the charges, raising questions about his right to a speedy trial.

However, with or without his physical presence, Judge Lynn Davis, who is presiding over the murder charges, ruled the case needs to be kept on track.

"The most critical issue . . . is that he is assigned an attorney" so that Olsen can discuss the case or any motions that the attorney may be thinking about filing, Davis said.

Tom Means, an attorney with the Utah County Public Defenders Association, had requested an attorney for Olsen. Means told Davis on Wednesday he should be able to find a suitable attorney for Olsen's murder case within a week.

With or without Olsen, the next hearing in Provo is scheduled for Wednesday at 8:30 a.m.

Means recused the county public defenders office because, with all the potential witnesses in the Olsen case, there is a high likelihood that his office had represented or is currently representing someone connected to Olsen's case.

Deputy Utah County Attorney Sherry Ragan said she sees no need to continue on the murder case until federal proceedings are done.

"First of all, Mr. Olsen is not here," she told the judge Wednesday. "We don't have any jurisdiction over him. I'm very uncomfortable . . . proceeding in any manner without him."

Olsen recently filed a motion asking that his jury trial in 4th District Court begin within 120 days. However, that request would be valid only if he had already been tried and convicted and was serving a sentence in federal custody, Ragan said.

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