Kiplyn Davis murder case will likely move out of Utah County

PROVO — The murder trial of Timmy Brent Olsen will likely be moved out of Utah County to 3rd District Court in West Jordan.

Prosecutors have agreed to move the trial after a request from the family of Kiplyn Davis, a Spanish Fork teenager who disappeared in 1995, to minimize any more delays.

Olsen's attorneys, arguing he could not get a fair trial in Utah County due to the publicity surrounding the case, had appealed a 2008 ruling by 4th District Judge Lynn Davis that it should not be moved.

That appeal to the Utah Supreme Court must be withdrawn before the judge can grant a motion to move the trial. He could continue to preside over the case in West Jordan.

The Utah Attorney General's Office told prosecutors the appeal would take up to two years to resolve. That prospect prompted the family of Kiplyn Davis to request that the case proceed, regardless of venue.

"I don't care where it is," her father, Richard Davis, said after a hearing on Wednesday. "I just want it done."

Defense attorney Jeremy Delicino said it would likely be at least six more months before the trial begins.

Once the trial venue is set, the judge may hold a hearing on a defense motion to dismiss the case under the "corpus delicti" or "body of evidence" rule. Delicino has argued the prosecution's case fails because Kiplyn's body has never been found.

He said the Utah Supreme Court is unlikely to hear an appeal on that issue, meaning there should be no more major delays in the case.

Olsen was charged with murder in 2006. He is serving a 12 ½-year federal prison sentence for perjury for lying to investigators about the case.

Delicino said his client is pleased about the trial being moved because he believes he has a better chance of receiving a fair trial in Salt Lake County. Other venues around the state were ruled out because the jury pools would be too small.

The appeal to the Utah Supreme Court had already been delayed several times because Delicino was involved in the capital murder trial of Martin Nelson in Iron County and has now been assigned to defend Roberto Miramontes Roman, who is accused of killing Millard County sheriff's deputy Josie Greathouse Fox.

e-mail: pkoepp@desnews.com