Olsen misses hearing while in federal custody

PROVO — The case of a man accused of killing a Spanish Fork teenager 11 years ago hit another snag Tuesday.

Timmy Brent Olsen, who is charged in 4th District Court with first-degree murder for the death of Kiplyn Davis, didn't appear for the hearing, forcing the judge to postpone the preliminary hearing.

So why didn't he show up for the hearing? He's in federal custody — and there is some confusion over inmate-custody issues.

Olsen, 29, was recently sentenced in federal court to 12 1/2 years in federal prison for lying to investigators about his role in Davis' 1995 disappearance.

Utah County prosecutors had been waiting for the federal case to be completed before proceeding with the murder case. The murder charge was filed against Olsen in January.

"I wish we were proceeding today," said Judge Lynn Davis Tuesday. "We've carved out four days in anticipation of proceeding today after (federal) sentencing had occurred."

"We were hoping to proceed, too," said Deputy Utah County Attorney Sherry Ragan.

The concern right now is over the timing of switching Olsen from federal to state custody. State prosecutors must file a "writ of habeas corpus" — an order asking that Olsen be transferred into their jurisdiction.

However, when he comes to Utah County for the murder trial, any time spent in the Utah County Jail will be "dead time" and will not count toward his federal sentence as they are different crimes and require sentences to be served in different facilities.

Federal prosecutors said they will be working with state prosecutors to expedite Olsen's appearance in state court to answer the murder charge.

"We believe we'll be able to work things out so Timmy can be speedily brought before the state courts," said Richard Lambert, assistant U.S. Attorney for Utah.

At the hearing, Davis imposed a checklist, which included filing the writ of habeas corpus, to ensure that both sides get the necessary steps in place for the next court hearing on Jan. 17.

"Both sides have homework to do — very important homework to do — and absent that we'll have a stalemate," Davis said.

Davis also made it clear that no future proceedings will happen without Olsen.

The judge also addressed a motion asking that prosecutors be able to introduce to the preliminary hearing transcripts from the federal trial.

Davis said he would hear arguments on that motion Jan. 17, but added there needs to be some organization as to how those massive files are introduced.

"If you think you can come in here with a wheelbarrow load of transcripts and just dump it on the court ... I don't think that's going to happen," Davis said.

Prosecutors said they will provide Olsen's defense attorney Dana Facemyer and the court with a list of which of the nearly 40 witnesses' testimonies they want to use.

There won't be much new evidence or information presented at the preliminary hearing, Ragan said, and the state trial will be very similar to the federal perjury trial.

---

E-mail: sisraelsen@desnews.com