From Deseret News archives:
Olsen's case is far from over
Appeal likely — which could delay murder trial
Shortly after the verdict, Timmy Brent Olsen's attorney Stephen McCaughey said it is likely his client will appeal.
Both state and federal prosecutors say they are not sure what impact a pending appeal might have on the expected murder trial against Olsen in Utah's 4th District Court.
A potential outcome could be another delay. However, deputy Utah County attorney Sherry Ragan, a prosecutor in Olsen's murder case, said she hopes her office can request Olsen's presence in a Provo courtroom immediately after his federal sentencing, enabling prosecutors to stay on track with the 11-year-old case.
The federal conviction was a bittersweet victory, and as Kiplyn's father, Richard Davis, said after Wednesday's verdict, it was just "round one."
In addition to Olsen's pending murder trial, two co-defendants, Rucker Leifson and Chris Jeppson, also face federal trials.
Assistant U.S. Attorney Richard Lambert said even if Olsen decides to appeal the verdict, it will not take place until after he is sentenced on the perjury charges Sept. 29. Olsen faces a potential five years in prison for each count, or 75 years.
That sentencing date already presents a conflict, as it was supposed to be Olsen's first appearance in 4th District Court for a weeklong preliminary hearing.
Lambert said under the Supremacy Clause, pending federal cases take precedent over state ones, meaning the murder preliminary hearing will have to be continued.
"We will keep him in federal custody until our case is done," said U.S. Attorney's Office spokeswoman Melodie Rydalch.
Ragan said there are many details to be worked out with federal officials but she is hopeful the murder case can continue expeditiously.
Ragan and Utah County Attorney Kay Bryson attended much of the federal trial and said the experience was beneficial as they plan their own prosecution.
"It was very helpful," Ragan said. "They had some really good ideas (in how they) approached some things. I thought that they were extremely organized for as much material as was there."
It was also helpful to see each witness on the stand and hear his or her responses, Ragan said.
"The other advantage for us," Ragan said, "if the defendant (Olsen) were to testify, we could ask him about the fact that he's been convicted of perjury."
Lambert said Olsen will have 10 days to file a notice of appeal after sentencing. Although not completely certain, Lambert said he didn't think Olsen could use a pending federal appeal to delay the state murder trial.
In addition to Olsen's cases, federal prosecutors still have two more trials pending as well as two sentencings for two men, former friends of Olsen's, who struck plea deals and agreed to testify against Olsen in the perjury trial. The two men are also expected to testify in Olsen's murder trial as part of their agreement.
