From Deseret News archives:

Lawyer named for Olsen case

Published: Thursday, May 4, 2006 12:00 a.m. MDT
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PROVO — A Utah County attorney was appointed Wednesday to mount a legal defense for the man accused of killing a Spanish Fork teenager 11 years ago.

Dana Facemyer will represent Timmy Brent Olsen, 28, who police say killed Kiplyn Davis, dumping her body at an unknown location in Spanish Fork Canyon and then lying about his role in her disappearance.

Olsen is charged in U.S. District Court with perjury. And even though her body has yet to be found, the Utah County Attorney's Office filed a first-degree felony murder charge against Olsen.

It will be Facemyer's fourth murder trial — if a deal on the first-degree felony charge isn't reached in the next several months.

Facemyer defended John Vinanti, who was convicted in August 2003 of killing his wife and then stuffing her body under a bed in September 2002.

Facemyer also represented Jesus Hernandez, who was found guilty last May of shooting his boss, Joseph Crummy, at a Lehi construction site over a disagreement about wages.

Vinanti and Hernandez were both sentenced to five years to life in prison.

Facemyer also is handling a murder case in Wasatch County.

Tom Means, with the Utah County Public Defender Association, initially asked that Olsen be appointed a defense attorney. The county's public defender's office couldn't represent Olsen because of conflicts — other people they have represented in the past may be involved in the Olsen trial.

Before filing a motion asking to be named as Olsen's attorney, Facemyer said he looked through a long list of potential witnesses for the federal trial to avoid conflicts with previous clients.

Facemyer has not yet met or spoken with Olsen but said he plans to visit with him in the next few days to get the case moving.

Olsen, who remains in federal custody, was not in court in Provo on Wednesday. Federal officials continue to tell state court officials they will not transfer Olsen until he is finished with the federal case.

However, Facemyer said he will be filing motions to get Olsen to Provo, as well as motions regarding Olsen's right to a speedy trial.

State prosecutors have been concerned about the number of hearings without Olsen being present, but they have no concerns about him getting an attorney, said Mariane O'Bryant, deputy Utah County attorney.

"(It's important) so they can get started going through the huge amount of information," O'Bryant said.

Olsen had been scheduled to begin his federal perjury trial Monday. However, a technical error in the indictment delayed the trial and requires revised indictments.

The federal delay also means a delay for the 4th District Case, which at this point will wait for a scheduling conference June 7.

"It's mostly so we'll know what the schedule is for the federal (case) so we can have a realistic chance of having Timmy here," O'Bryant said.


E-mail: sisraelsen@desnews.com

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