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Timmy Brent Olsen

PROVO — With a new attorney on board and pending requests for a change of venue, two men charged with killing Kiplyn Davis are inching closer to trial.

Timmy Brent Olsen and Christopher Neal Jeppson are both charged in 4th District Court with murder — police and prosecutors allege they were some of the last people to see 15-year-old Davis alive on May 2, 1995.

At a status conference Tuesday, attorney Jeremy Delicino entered his appearance as the representation for Olsen, replacing Dana Facemyer.

"I think (Olsen) wanted to go in a new direction," said Delicino, who worked on Olsen's federal perjury trial. Olsen was charged with lying to investigators about what he knew regarding Kiplyn's disappearance. Delicino also worked on Olsen's appeal to the 10th Circuit Court of Appeals.

Despite his participation in Olsen's federal proceedings, Delicino requested a chance to add to arguments Facemyer already made in the 4th District Court case.

"It may slow some (proceedings)," Delicino said. However, slowing down to ensure proper procedure and a fair trial were acceptable extensions, he said.

The major arguments now focus on the change of venue for both defendants.

Jeppson has asked for somewhere larger, like Salt Lake County, and Olsen has requested somewhere smaller, like Wasatch or Millard counties.

Scott Williams, Jeppson's attorney, is requesting the change of venue due to the intense media saturation he says the case has received.

Proving that by using a news service to gather every television and newspaper clip would cost nearly $130,000, so Williams said they've opted to go a less expensive route by getting sworn statements from archival specialists or business record individuals from newspapers and television stations, as well as their own investigator.

Judge Lynn Davis asked the attorneys to submit any other arguments, and the cases will be in court again Aug. 20 to set trial dates.

"I want to keep these cases on track," Davis said. "I don't want to delay these cases."

Nor do prosecutors, who insist they're ready to go to trial on both cases.

"The state's anticipation is that the court would address the change of venue (in August)," said Mariane O'Bryant, a deputy Utah county attorney. "We really can't set anything for trial until we know how that's going to work."

Davis recently severed the two cases, stating that it would be impossible to get a fair trial together.

Williams had argued that having the trials together was detrimental, not just for evidence issues but because of the clients' differing opinions related to time.

Olsen has requested a speedy trial, to which he's constitutionally entitled. Jeppson, however, has waived that right, knowing his attorney needs more time to prepare his defense.


E-mail: sisraelsen@desnews.com