Kiplyn Davis' death certificate not allowed in court

PROVO — Prosecutors have no direct evidence that 15-year-old Kiplyn Davis was murdered.

No gun. No blood. No crime scene. No body. No DNA.

And now, no death certificate.

Judge Lynn Davis recently ruled that a death certificate for the red-headed sophomore, obtained by her family in a civil court, can't be shown to a jury.

"It's not that significant," said prosecutor Mariane O'Bryant. "It doesn't help, but I don't think it's a significant impairment to the case."

However, the defense attorney for Timmy Brent Olsen, one of the men accused with Kiplyn's murder, called it an important ruling.

"It certainly does impair the prosecution's case," said Jeremy Delicino. "All they've got is circumstantial (evidence). It's a weak case based on hearsay, innuendo and inferences."

Now, the state must prove Kiplyn is dead, which is difficult given that her body has never been found and the only details tying Olsen and his school classmate Christopher Neal Jeppson to the crime are their alleged confessions.

But in that lack of direct evidence lies the proof, prosecutors say.

"We have gaps, we have emptiness, spaces where there should be something," O'Bryant said. "That is our evidence."

O'Bryant believes death, caused by criminal means, is the only explanation as to why Kiplyn didn't come home May 2, 1995, or go back to her locker to get her makeup and retainer.

But neither Delicino nor Jeppson's attorney, Scott Williams, buy that argument, and both have filed motions that the cases be dismissed based on corpus delicti.

The Latin phrase means that the prosecutors have to present a "body of evidence" that a crime was actually committed before they can introduce the alleged confessions.

O'Bryant asked that if Davis granted the defense attorneys' motion on corpus delicti, that he not completely dismiss the case but allow them to appeal.

Kiplyn's father, Richard Davis, believes they will win the argument, but if not, they'll do what they have to do.

"I'm not stopping till I bring Kiplyn home," he said.

In a hearing Thursday in 4th District Court, attorneys also argued whether grand jury testimony from an old girlfriend could be used at trial.