Would name 'Kiplyn' tilt jury?

The "flood" of publicity surrounding the perjury cases connected to the disappearance of 15-year-old Kiplyn Davis may make it difficult for one suspect to get a fair trial, a defense attorney argued in court Tuesday.

An attorney for Christopher Neal Jeppson argued in federal court Thursday to keep Kiplyn Davis' name from being mentioned during the trial, which is set to begin on Sept. 4. However, U.S. District Judge Tena Campbell denied the motion, pointing out that even with keeping Davis' name out of the courtroom, the circumstances regarding her disappearance are unique enough that most jurors could guess.

Defense attorney Scott Williams said numerous media reports refer to the perjury cases against five men, accused of lying about what they know about the circumstances surrounding Davis' disappearance, as the "Kiplyn Davis case" or the "Kiplyn Davis trial."

"We want to try the Chris Jeppson case," Williams said.

Jeppson has been indicted on nine counts of perjury. Federal prosecutors claim Jeppson lied when he told investigators that he and defendants David Rucker Leifson and Timmy Brent Olsen, the prime suspect in Davis' disappearance, were at the Spanish Fork High School's auditorium setting up for a play and throwing a football on May 2, 1995, the day Davis vanished from the high school.

Prosecutors allege that story was a fabricated alibi because a community choir concert took place in the auditorium that night, none of the three were seen there and no play was scheduled at the time.

Williams said his motion to remove Davis' name from the trial was an "attempt to cleanse the trial" of a "flood" of media publicity.

Assistant U.S. Attorney Eric Benson argued that Kiplyn Davis' name is an integral part of the case and that attorneys can't "tiptoe around an 800-pound gorilla."

Campbell agreed with Benson, saying that even during opening statements many jurors would be clued in on what the case was.

Williams said he was concerned that jurors would be biased against his client in thinking Jeppson somehow had something to do with Davis' actual disappearance. Campbell said she will make it very clear to the jury that the September trial is about perjury and not about Davis' disappearance and that Jeppson had nothing to do with her actual disappearance.

A federal jury found Olsen guilty of lying about what he knew about Davis, and last November he was sentenced to serve 12 1/2 years in federal prison. A murder charge is pending against Olsen in state court. Witnesses testified that Olsen made statements admitting to killing Davis and burying her body in an unmarked location.

David Rucker Leifson also faces trial on charges of lying about his apparent connection to Davis' disappearance. Olsen at times has placed Leifson with him when he said the two of them took Davis out of school and drove her up Spanish Fork Canyon.

Two other men, Garry Von Blackmore and Scott Brunson, have struck plea deals with prosecutors and have agreed to testify against Olsen in his murder case.

If convicted, Jeppson faces up to 30 years in prison for each count.

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E-mail: gfattah@desnews.com