Kiplyn Davis 15, Msg. May 2, 1995 , Spanish Fork UT

[sarahhod]

Critical Moment May Be Coming In Kiplyn Davis Case


Last Update: 5:55 pm


http://www.kutv.com/media/news/b/4/5/b450a59e-1ec2-4f71-8b92-c0879cf88397/Story.jpg (http://javascript%3Cb%3E%3C/b%3E:void%280%29;)


Her family has refused to let her case die, an anguished exercise in seeking justice and a permanent burial place for Kiplyn Davis, who vanished 14 years ago in Spanish Fork. But despite a lengthy investigation, and a raft of state and federal charges against five men, including murder, Kiplyn’s body has never been found.

“There’s an infinite lack of evidence,” said Scott Williams, lawyer for murder defendant Christopher Neal Jeppson. “There’s no physical. There is no forensic. There is no eyewitness. There is no murder weapon evidence.”

Williams’ comments followed a state court hearing in Provo on Friday, in which he presented arguments with the potential to dismantle the case against Jeppson and murder co-defendant Timmy Brent Olsen. The arguments center on a legal standard that pertains to alleged confessions by both men.

“If the court does not find that we met that standard, then we cannot put the confessions in. And if we cannot put the confessions in, we don’t have much of a case left,” said Mariane O’Bryant, a prosecutor in the Utah County Attorney’s Office, who continued to express confidence going forward.

The judge will not rule immediately, but rather wait to hear from Olsen’s lawyer next month.

At a preliminary hearing in early 2008, seven people reportedly testified they heard Olsen admit involvement in Kiplyn’s murder. It was also reported that Jeppson’s ex-wife and girlfriend both heard him say he killed Kiplyn, only to add he was joking.

Kiplyn’s father has pleaded with the men, many of them former classmates of his daughter at Spanish Fork High School, to reveal details of her murder. He has also publicly asked for help from their families, and said he would recommend leniency in return for cooperation. One by one, Olsen, Jeppson, David Rucker Leifson, Scott Brunson, and Gary Von Blackmore pleaded guilty or were convicted of lying in the federal investigation into Kiplyn’s disappearance.

“In my heart, I know where Kiplyn is spiritually,” said Richard Davis. “But I need to bring her body back and bring that closure to our family."

http://www.kutv.com/content/news/local/story/Critical-Moment-May-Be-Coming-In-Kiplyn-Davis-Case/bwSOVe9MFkOeE_eoC1RB9A.cspx

[sarahhod]

(http://www.missingkids.com/missingkids/servlet/PublicHomeServlet?LanguageCountry=en_US&)http://www.missingkids.com/photographs/NCMC804981c1.jpg http://www.missingkids.com/photographs/NCMC804981e1.jpg
View Poster (http://javascript%3Cb%3E%3C/b%3E:MM_openBrWindow%28%27/missingkids/servlet/PubCaseSearchServlet?act=viewPoster&caseNum=804981&orgPrefix=NCMC&searchLang=en_US%27,%20%20%20%20%20%20%20%20%20%20 %20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%2 0%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20% 20%20%20%20%20%20%20%20%20%20%27Poster%27,%20%27al waysRaised=yes,resizable=yes,scrollbars=yes,toolba r=no,location=yes,menubar=yes,status=yes%27%29)
Case Handled By: http://www.missingkids.com/orglogos/NCMC_en_US.gif National Center for Missing & Exploited Children KIPLYN DAVIS Age Progression Case Type: Non Family Abduction DOB: Jul 1, 1979 Sex: Female Missing Date: May 2, 1995 Race: White Age Now: 29 Height: 5'3" (160 cm) Missing City: SPANISH FORK Weight: 110 lbs (50 kg) Missing State : UT Hair Color: Red Missing Country: United States Eye Color: Blue Case Number: NCMC804981
Circumstances: Kiplyn's photo is shown aged to 25 years. She was last seen at her school on May 2, 1995. She never returned home from school which is eight blocks from her home.

http://www.missingkids.com/missingkids/servlet/PubCaseSearchServlet?act=viewChildDetail&caseNum=804981&orgPrefix=NCMC&seqNum=1&caseLang=en_US&searchLang=en_US

[sarahhod]

http://www.charleyproject.org/cases/d/davis_kiplyn.html

[sarahhod]

http://www.fbi.gov/wanted/kidnap/kidnap.gif May 2, 1995
Spanish Fork, Utah KIPLYN DAVIS

http://www.fbi.gov/wanted/kidnap/davis.jpg http://www.fbi.gov/wanted/kidnap/davisage.jpg

Photograph age progressed to 19 years DESCRIPTION Date of Birth: July 1, 1979 Place of Birth: Utah Sex: Female Hair: Red (naturally curly) Height: 5'3" Eyes: Light Blue Weight: 110 pounds Race: White THE DETAILS Kiplyn Davis was last seen on May 2, 1995, at her high school in Spanish Fork, Utah. She is known to have attended morning classes and was seen at lunchtime while eating with friends. However, Davis did not show up for her fourth and fifth period classes. All of her personal belongings and books were found in her school locker.
REMARKS Kiplyn Davis was last seen wearing a long-sleeved, off-white t-shirt with a beige stripe; a blue denim vest with a small tag reading ENUF on the side; blue denim shorts (brand name Bum Equipment); white sandals with three straps on the front and two around the heel with cork soles (brand name Colorado); a Guess brand watch with a large face trimmed in silver with a black leather band; two sterling silver rings (one was a band with a flower pattern and one had the initials CTR with flowers on each side of the initials); royal blue underwear; and a white Hanes brand bra.
Davis has pierced ears and may wear a lower dental retainer.
Individuals with information concerning this case should take no action themselves, but instead immediately contact the nearest FBI Office (http://www.fbi.gov/contact/fo/fo.htm) or local law enforcement agency. For any possible sighting outside the United States, contact the nearest United States Embassy or Consulate (http://www.fbi.gov/contact/legat/legat.htm).

http://www.fbi.gov/wanted/kidnap/davis.htm

[sarahhod]

Judge raises concerns in Kiplyn Davis case


By Sara Israelsen-Hartley (http://deseretnews.com/site/staff/1,5231,2311,00.html)
Deseret News

Published: Friday, March 20, 2009 3:20 p.m. MDT


PROVO — Everyone agrees 15-year-old Kiplyn Davis is gone, but attorneys can't agree on what happened to her.
Prosecutors believe the only reasonable option is that she was killed by two of her classmates and have charged them with murder.
Defense attorneys argue that just because someone disappears doesn't mean they were killed — especially without hard evidence to back up the state's argument.
Friday in 4th District Court, Judge Lynn Davis raised serious concerns about the future of the 14-year-old case.
"There's no body, no forensic evidence, no DNA," Davis said. "There's no blood evidence, bloodstains, no clothing or other article, no strand of hair, there are no fingerprints. There's no murder weapon or instrument, there's no eyewitness testimony, no physical evidence of a struggle. No site or scene evidence, how or even where. And this accused is not even the last person to have been seen with her alive. Am I correct in stating all of that?"
"Yes," prosecutor Mariane O'Bryant acknowledged.
"I'll give you 10 days to see if there are any other cases as unique as this," Davis said.
Christopher Jeppson is scheduled to stand trial in May and June, although his attorney Scott Williams argued the murder charge should be dismissed based on "corpus delicti." http://ad.doubleclick.net/activity;src=1817628;met=1;v=1;pid=34197220;aid=21 2663377;ko=0;cid=30592432;rid=30610309;rv=1;&timestamp=4843901;eid1=9;ecn1=1;etm1=0; http://www.helpfindthemissing.org/forum/ http://www.helpfindthemissing.org/forum/
The Latin phrase means prosecutors must present a "body of evidence" — enough corroborating evidence of a crime, rather than a confession alone.
Davis said he wouldn't rule on the issue — which could potentially end the case — until after he hears similar arguments from co-defendant Timmy Brent Olsen in April.
Prosecutors are basing their case on circumstantial evidence, like the fact that Davis, a sophomore at Spanish Fork High School, never returned home on May 2, 1995.
"Her makeup and retainer were left in a school locker, circumstantial evidence that her intent, before the end of the day, was to return to the school locker," O'Bryant said.
It couldn't be suicide or an accidental death, as dead bodies can't hide themselves and the city has been searched extensively, she said.
O'Bryant also believes alleged confessions from Jeppson and Olsen constitute circumstantial evidence.
That's just not enough for Williams, who brushes off his client's alleged confession as a joking statement made years ago and brought to light by two embittered women.
In fact, he argues murder cannot be proven because there's no blood, weapons, DNA, crime scene.
He also argued Friday against using Davis' death certificate during trial, saying it was wrongly obtained and that it would confuse the jury, which would accept a judge's ruling as proven fact.
Davis' father, Richard Davis, said it took their family months to get a death certificate for Davis through the courts so they could complete some church work for their daughter. He believes it should come into trial.
However, legal issues aside, his goal remains the same — to bring Kiplyn home.
"I can't go on with my life until I bring Kiplyn back," he said. "I will continue to do it until the day I die."


http://www.deseretnews.com/article/1,5143,705292202,00.html

[sarahhod]

Sheriff's office searching for Kiplyn Davis' body

http://media.bonnint.net/slc/446/44683/4468374.jpg?filter=ksl/story_big (http://media.bonnint.net/slc/446/44683/4468374.jpg)

April 14th, 2008 @ 4:33pm

Gene Kennedy reporting
Authorities in Utah County say tips have prompted two new searches for the body of Kiplyn Davis. The teenager disappeared from Spanish Fork High School nearly 13 years ago.

http://media.bonnint.net/slc/447/44737/4473700.jpg?filter=ksl/img200 (http://media.bonnint.net/slc/447/44737/4473700.jpg)
The Utah County Attorney's Office says it received some tips over the weekend regarding two possible burial sites for the remains of Kiplyn Davis. We're told one of the possible burial sites is in the city limits of Spanish Fork, another is in Spanish Fork Canyon. As of today, no remains have been found.
The Utah County Sheriff's Office has a roadblock set up in Spanish Fork Canyon. The roadblock has been in place for a couple of days, according to area campers.

http://media.bonnint.net/slc/447/44737/4473701.jpg?filter=ksl/img200 (http://media.bonnint.net/slc/447/44737/4473701.jpg)
There has also been a lot of activity in the area today. Several law enforcement groups were in the canyon for sniper training, and a large backhoe was hauled up the canyon for some pipe repair. Many thought those events could be related to the search for Kiplyn's body, but that is not the case.

http://www.ksl.com/?nid=148&sid=3079375

[sarahhod]

New search conducted for Kiplyn Davis' body

Last Update: 4/14/2008 10:53 pm


http://www.abc4.com/media/news/3/f/4/3f4950d4-72d5-4786-86cd-606a09c2108c/Story.jpg (http://javascript%3Cb%3E%3C/b%3E:void%280%29;) (ABC 4 News)


SPANISH FORK, Utah (ABC 4 News) - There may be a break in the case of a Spanish Fork girl who disappeared almost 13 years ago.

According to an article in the Daily Herald, sources say Timmy Brent Olsen was taken to Spanish Fork Canyon by Utah County sheriff's deputies over the weekend in an apparent attempt to lead them to the body of Kiplyn Davis.

Olsen and Christopher Jeppson were convicted in 2006 of perjury in relation to the Kiplyn Davis investigation and are now awaiting trial for her murder.

Olsen has claimed in the past he knew where Kiplyn's body was, and was taken by police to the canyon two years ago. One of Olsen's attorneys later said his client just wanted to get outdoors.

There is no word yet on whether this weekend's search has turned up anything substantial in the search for Davis.

http://www.abc4.com/news/local/story/New-search-conducted-for-Kiplyn-Davis-body/N-JcN_DrJ0mqTXdhDmPAEA.cspx

[sarahhod]

http://www.projectjason.org/forums/index.php?topic=622.0

[sarahhod]

http://www.youtube.com/watch?v=8b3hekLPROY

[Nut44x4]

The Salt Lake Tribune

April 9, 2009 Thursday

Prosecutor: Murder only explanation for Kiplyn Davis disappearance

Provo » There is no body, and a judge has ruled the death certificate is inadmissible. But prosecutor Mariane O'Bryant still believes she can prove Kiplyn Davis was murdered, and that Timmy Brent Olsen was involved.

"The only conclusion that can be reached under these circumstances is that Kiplyn is dead, and the cause is unnatural," O'Bryant said Thursday in a 4th District Court hearing where she recounted the May 1995 disappearance of the 15-year-old Spanish Fork resident.

Prosecutors are fighting a motion by Olsen's lawyer to drop the case for a lack of evidence.

Earlier this week, Judge Lynn W. Davis had tossed out the death certificate as evidence. This issue was raised by attorneys for Christopher Neal Jeppson, who, along with Olsen, is being charged in connection with the Davis disappearance.

On Thursday, Olsen attorney Jeremey Delicino told the judge that without that certificate, the body or a crime scene, prosecutors "only have circumstantial evidence and innuendo."

But O'Bryant said the death-certificate decision does not affect her case. The evidence --including Olsen's statements to others admitting he killed her -- shows Kiplyn is dead.

Delicino retorted that Olsen's statements were made when he was intoxicated, thus rendering them untrustworthy without corroborating evidence.

While Olsen and Jeppson have both been convicted on federal perjury charges for making false statements to investigators and a grand jury, Delicino said that is not evidence of guilt. It just means they made inconsistent statements.

He also said Kiplyn also had problems with her parents at the time of her disappearance, was cutting classes and even talked of suicide.

Countered prosecutor O'Bryant: Kiplyn was a typical teenager with all the usual emotional ups and downs, but there was nothing to suggest she would run away or kill herself.

O'Bryant is taking a fall-back position, though: If the court agrees there is insufficient evidence, she wants the charges left intact pending an appeal. She said that is necessary because Olsen is also serving a federal prison sentence for perjury, and the state would lose any chance of trying him if he were to go back into federal custody -- even if Kiplyn's body were found.

The judge also will decide if prosecutors can introduce testimony from Olsen's ex-girlfriend that he raped her when she pressed him about Kiplyn's disappearance.

U.S. Attorney Richard Lambert, who is serving as co-counsel with O'Bryant, said the woman's testimony, which was used in the perjury trial, not only shows Olsen is guilty, but illustrates how Kiplyn was killed.

The woman, Lambert said, testified that when she asked Olsen about his role in Kiplyn's disappearance, Olsen struck her, forced her into his truck and drove to a railroad tunnel in Spanish Fork Canyon where he raped her.

That testimony corresponds with an account Olsen gave another woman as to what he did to Kiplyn.

But Delicino wants that testimony excluded. It would unduly prejudice the jury against his client, he said. He also noted that Olsen was never charged with the alleged rape.

Davis will conduct a closed hearing on the matter May 5.

Richard M. Davis, Kiplyn's father, said after Thursday's hearing that he believes the judge will evaluate the arguments fairly. But regardless of the decision, Davis said his goal is to give his daughter a proper burial.

"I'm not stopping until I bring her home," the father said.
http://www6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFullDocument&orgId=574&topicId=100020825&docId=l:954039890&start=14

[sarahhod]

High court to decide venue in Kiplyn case

By Donald W. Meyers
The Salt Lake Tribune

Updated: 04/24/2009 05:00:44 PM MDT


The Utah Supreme Court will decide if Timmy Brent Olsen can get a fair trial in Provo.
Jeremy Delicino, Olsen's attorney, said the high court agreed earlier this week to hear his appeal of 4th District Court Judge Lynn W. Davis' decision last October to keep the case in Utah County rather than move it to Salt Lake County.
"It's definitely a good thing to get an appellate court to look at the trial court's decision," Delicino said. No date has been set for arguments before the high court.
Olsen is charged with murdering Kiplyn Davis, who disappeared from Spanish Fork High School May 2, 1995. Delicino had argued that intensive media coverage of Kiplyn's disappearance, as well as community efforts to search for Kiplyn made it impossible to seat an impartial jury in Utah County.
Deputy Utah County Attorneys Mariane O'Bryant and Sherrie Ragan did not return phone calls seeking comment Friday. Last October, Ragan argued Utah County prosecutors have been able to find impartial jurors for other high-profile cases.
Plus, the county's population has increased significantly since 1995, creating a vast pool of people who were not exposed to initial coverage of Kiplyn's disappearance.
Richard M. Davis, Kiplyn's father, said Friday he expected Olsen's attorneys to appeal the decision. He anticipates the trial will still go on, but this will just delay it. Olsen was to have gone on trial earlier this month.
"We have to let it run its course," Davis said.
Christopher Neal Jeppson, who is also charged with Kiplyn's murder, unsuccessfully sought to have his trial moved.
Heather Harris, one of Jeppson's attorneys, said he won't appealing that decision.
Attorneys for both men are also trying to have the case dismissed on grounds there is no evidence a murder took place.

http://www.sltrib.com/news/ci_12220694 (dmeyers@sltrib.com)

[grammybears]

I feel so bad for Kiplyn's family. This has got to be the worst nightmare that any parent can go through. I pray that the courts will prevail and justice will be served for Kiplyn.

[CSAFD]

I feel so bad for Kiplyn's family. This has got to be the worst nightmare that any parent can go through. I pray that the courts will prevail and justice will be served for Kiplyn.

14 years is a LONG time to wait for answers. im right there w/you Grammy since we both live here in Ut. this must really be hell for Kiplyn's family.

[grammybears]

ITA. I just cannot even imagine how hard this has been on Kiplyn's family. I hope they will get answers soon. I do happen to think that the person or persons who murdered Kiplyn are going to try all they can to get away with this crime.
I don't know about other people but I can tell you that even if it was an accident I would have a very hard time living with myself.

[annalyzer]

Defense wants polygraph test admitted in Kiplyn case

http://www.deseretnews.com/photos/1155895.jpg
Kiplyn Davis

Published: Wednesday, April 29, 2009 12:48 a.m

PROVO — On Oct. 8, 1995, Christopher Jeppson took a polygraph test and passed, with the results written as "no deception indicated."

Jeppson told the FBI investigator he didn't cause 15-year-old Kiplyn Davis' disappearance, nor was he responsible for her missing status.

After several rounds of the specially designed, eight-question test, the examiner let Jeppson go, having concluded he was telling the truth.

And that's what Jeppson's attorneys want jurors to hear while they're considering whether Jeppson should be convicted of Davis' murder.

"The only evidence (the state) wants to admit is joking statements," said Jeppson's attorney, Scott Williams. "This is a scientific test, scientifically analyzed to be truthful."

There is no forensic evidence in the case, as Davis' body has never been found.

Jeppson and fellow classmate Timmy Brent Olsen were charged based on statements they made to other people regarding their involvement in Davis' failure to return home from school on May 2, 1995.

The 4th District Court hearing regarding the admissibility of Jeppson's polygraph test has been continued until May, when the state's expert witness will testify against such an admission.

But all day Tuesday, Jeppson's attorneys presented evidence about the reliability and validity of such tests, and why Jeppson's passed polygraph should be admitted into evidence at the upcoming trial.

"If (Jeppson) had had any involvement, I certainly would not expect to see charts like this," said David C. Raskin, an emeritus professor of psychology at the University of Utah and a forensic psychological consultant.

Raskin specializes in psychophysiology, studying psychological processes and mental states by reviewing bodily reactions in certain situations. For decades he has focused on polygraphs, both in developing scientifically proven methods for administering them as well as reviewing and scoring them.

But prosecutors are skeptical of their trustworthiness.

During cross examination, prosecutor Sherry Ragan asked Raskin whether Jeppson's polygraph test included any mention of a "murder."

Raskin said no. The wording focused on a kidnapping or a missing person, he said.

"As I understand it, at that stage, nobody seemed to know what might have happened to her. Everything was speculation," Raskin said. "All that was known was that she disappeared."

Ragan also asked if Jeppson could have misunderstood the questions.

"If (he) were only one of several people involved, he might not feel responsible for her disappearance," she said. "What I'm saying is we don't know how he interpreted that question."

However, Raskin said any involvement or knowledge in Kiplyn's disappearance would have caused Jeppson trouble in answering two of the eight questions:

"Did you cause the disappearance of Kiplyn Davis on May 2?" and "Are you responsible for the disappearance of Kiplyn on May 2?"

Jeppson answered "no" to both.

Two other questions were comparison questions, asking whether Jeppson had ever lied before to someone who trusted him, and if he had lied to his friends. The four other questions were ice breakers or neutral questions.

By comparing an individual's physical reactions to the relevant questions with the physical reactions to the comparison questions, test examiners then assign positive or negative scores, which indicate deceptiveness or non-deceptiveness.

http://www.deseretnews.com/article/705300282/Jeppson-defense-wants-polygraph.html

[sarahhod]

Defendant to take plea deal in Kiplyn Davis murder case

May 5th, 2009 @ 6:02pm
By Sam Penrod


UTAH COUNTY -- There are new developments in the murder case involving missing teenager Kiplyn Davis.
Chris Jeppson is scheduled for an entry of plea hearing Wednesday afternoon in 4th District Court in Provo. He is one of two men charged with the murder of Kiplyn Davis, who disappeared 14 years ago this month.
He will not plead guilty to murder. This plea deal appears to be a way for him to put this behind him and allow prosecutors a chance to salvage their case, which has been on the verge of falling apart.
http://media.bonnint.net/slc/502/50295/5029526.jpg?filter=ksl/img200 (http://media.bonnint.net/slc/502/50295/5029526.jpg)
Jeppson was a classmate of Kiplyn Davis when she disappeared from Spanish Fork High School on May 2, 1995.
He became a suspect, along with two other men. They were all prosecuted for perjury in federal court for lying to a grand jury investigating Kiplyn's disappearance.
Jeppson was charged with murder 18 months ago and is a co-defendant with Timmy Brent Olsen, who also faces murder charges.

http://media.bonnint.net/slc/751/75142/7514216.jpg?filter=ksl/img200 (http://media.bonnint.net/slc/751/75142/7514216.jpg)
But prosecutors have struggled with their murder case. They have only some circumstantial evidence against both men and no physical evidence.
The judge hearing the case is already considering motions from both defendants to throw the cases out.
Jeppson has always maintained he didn't know anything about the case, but witnesses have come forward over the years claiming he told them he knew what happened to Kiplyn.
He faces a four-year federal prison sentence on the perjury conviction.
The Utah County attorney did not want to give specifics about the plea deal Tuesday. But one source close to the case told KSL Jeppson won't be providing any information to prosecutors, in exchange for the reduced charges, that do not appear to be related to Kiplyn's murder.

http://www.ksl.com/?nid=148&sid=6387599

[sarahhod]

Attorneys in Kiplyn Davis case say plea has no bearing on pending trial

Justice » Two men had been charged in her murder, but Jeppson took a deal last week.

By Donald W. Meyers
The Salt Lake Tribune

Updated: 05/10/2009 12:04:08 AM MDT

http://extras.mnginteractive.com/live/media/site297/2009/0510/20090510__wkd_kiplynaftermath_0511%7E1_Viewer.jpg (http://www.sltrib.com/portlet/article/html/render_gallery.jsp?articleId=12336980&siteId=297&startImage=1)
Kiplyn Davis


http://extras.mnginteractive.com/live/media/site297/2009/0510/20090510__wkd_kiplynaftermath_0511%7E2_Viewer.jpgh ttp://extras.mnginteractive.com/live/media/site297/2009/0510/20090510__wkd_kiplynaftermath_0511%7E3_Viewer.jpgh ttp://extras.mnginteractive.com/live/media/site297/2009/0510/20090510__wkd_kiplynaftermath_0511%7E4_Viewer.jpg

Provo »Christopher Neal Jeppson's plea agreement "doesn't have any effect" on the pending murder (http://topics.sltrib.com/Homicides.html?source=sphere_topics_inline) trial for Timmy Brent Olsen, now standing alone for Kiplyn Davis' murder.
The evidence of the crime, says Deputy Utah County Attorney Mariane O'Bryant, is that there is no other explanation.
Meanwhile, Olsen's trial in the 1995 disappearance of the 15-year-old Spanish Fork student is on hold while his attorney, Jeremy Delicino, appeals a court's change-of-venue denial.
The Salt Lake City-based attorney believes the prosecutor will have a tough time proving his client holds the key to Kiplyn's fate.
"It is doubtful that [Jeppson's plea deal] will have any effect on the case -- except the state recognizes it has weaknesses in its case," Delicino said.
Jeppson, one of Kiplyn's classmates at Spanish Fork High School (http://topics.sltrib.com/Nebo_School_District.html?source=sphere_topics_inl ine), pleaded no contest on Wednesday to charges he obstructed justice during a 2005 investigation of the then decade-old murder. He already had been convicted of perjury in federal court (http://topics.sltrib.com/Federal_court.html?source=sphere_topics_inline) and was sentenced to five years in a federal prison.
In return for his plea on the state charges -- and prosecutors' acknowledgement that he knows nothing about what happened to the teenager -- he will serve his additional five-year sentence concurrently with the federal time. Also, prosecutors agreed to never charge him in connection with the case ever again.
It was a resolution that even 4th District Judge Lynn W. Davis admitted did nothing to help Kiplyn's family achieve their ultimate goal: finding her remains and giving her a proper burial. And that, Delicino said, is a major flaw in the state's case: There is no evidence that Kiplyn is dead, much less murdered. While murder cases have been prosecuted without the victim's body, there is no crime scene nor any physical evidence that a crime took place.
"The case is dependent upon statements that are not necessarily reliable or corroborated," Delicino said.
Several witnesses have testified that Olsen had said more than once that he had killed Kiplyn in Spanish Fork Canyon. But Olsen's attorneys have noted that the statements were made when their client was drunk.
Jeppson made similar admissions on two occasions -- once to his ex-wife and once to a girlfriend. But Jeppson's attorneys also had an FBI-administered polygraph test that showed Jeppson was not deceptive when he said that he was not involved in Kiplyn's death.
Delicino said those test results may have been a factor in granting Jeppson a deal. He would not comment on whether Olsen had taken a polygraph test as well.
O'Bryant has argued that Olsen's statements are corroborated because there is no other logical explanation for Kiplyn's disappearance. She was excited about an upcoming school play and family events. Even if she had committed suicide, as some have speculated, someone would have found Kiplyn's body by now, O'Byrant said.
Delicino said that the affidavit does not preclude Jeppson from testifying. However, his admission in court last week that he knows nothing would be undermined by any testimony in Olsen's behalf, lawyers have said.
But Olsen lawyer Delicino said that is a bridge they likely will not cross this year.
Still to be resolved: Olsen's change-of-venue appeal to the Utah Supreme Court (http://topics.sltrib.com/Utah_Supreme_Court.html?source=sphere_topics_inlin e). He wants his trial conducted away from Utah County.
Plus, Delicino has a 4th District Court motion asking that the case be dismissed because the state has failed to prove a crime took place. That motion is pending.

http://www.sltrib.com/news/ci_12336980

[sarahhod]

Kiplyn Davis case: Where are they now?

By Donald W. Meyers
The Salt Lake Tribune

Updated: 05/09/2009 09:11:10 PM MDT


On May 2, 1995, then-15-year-old Kiplyn Davis disappeared from Spanish Fork High School (http://topics.sltrib.com/Nebo_School_District.html?source=sphere_topics_inl ine), sparking a massive search.
More than 10 years later, federal officials have charged five men with lying to investigators about her disappearance, and two of them --Timmy Brent Olsen and Christopher Neal Jeppson -- were subsequently charged with murder.
Olsen, 31, was found guilty on federal charges he lied to a grand jury investigating Kiplyn's disappearance. He was sentenced to 150 months in federal prison. He is currently in the Utah County jail awaiting trial on the murder charges.
Jeppson, 32, was also found guilty of lying to investigators after he claimed he was hanging lights in the high school's auditorium when Kiplyn disappeared, and after he said he was only joking when he told someone he had killed Kiplyn.
He was sentenced to five years in federal prison. Jeppson was initially charged with Kiplyn's murder in 4th District Court, but he entered a plea agreement that allowed him to plead no contest to obstructing justice. That five-year sentence will run concurrently with the federal sentence. He is in the Utah County jail awaiting his return to federal custody.
Scott Brunson, 32, pleaded guilty (http://topics.sltrib.com/Criminal_Cases.html?source=sphere_topics_inline) to one count of perjury and two counts of lying to federal investigators about Olsen's whereabouts. He faces a 15-year sentence in federal prison, but has agreed to testify against Olsen.
David Rucker Leifson, 32, pled guilty to one count of perjury for lying about an argument he had had with Olsen, who has accused him of being involved in Kiplyn's disappearance. He was sentenced to four years in a federal prison in Northern California (http://topics.sltrib.com/Northern_California.html?source=sphere_topics_inli ne). Garry Von Blackmore, 29, was accused of lying when he said he never heard a friend say anything about what happened to Kiplyn. He pleaded guilty to one count each of perjury and making a false statement to investigators. Blackmore has not been sentenced yet in the case.

http://www.sltrib.com/news/ci_12334790

[CSAFD]

Rape allegation won't be allowed in murder trial
May 13th, 2009 @ 11:49am
SALT LAKE CITY -- Testimony about a rape allegation will not be allowed at the murder trial of Timmy Brent Olsen.

Prosecutors wanted to put Olsen's ex-girlfriend on the stand and have her testify that she was sexually assaulted by him one year after the disappearance of 15-year-old Kiplyn Davis.

Olsen is accused of Davis' murder even though a body has never been found.

Defense attorneys argued there is no proof the rape ever took place and, therefore, the testimony is not valid. A judge ruled in their favor.

http://www.ksl.com/index.php?nid=148&sid=6478383

[DestinySearchOps]

http://www.ksl.com/index.php?nid=148&sid=6800824

SPRINGVILLE, Utah (AP) -- The state medical examiner's office has confirmed that bones found near railroad tracks in Springville are human.

The bones were in a cardboard box and were found Tuesday by railroad employees. Springville police Lt. Dave Caron has said the box contained what appeared to be a human skull.

After testing, state officials confirmed Thursday the bones are human. It's unclear how old the bones are.

Caron says the bones are covered in a black substance, as if they had been burned or covered in tar. He says investigators will look into whether anything on the bones can be tested for DNA.

Caron says other items found with the skull also have been sent to the state crime lab for analysis.

[nanabillie]

http://crime.about.com/od/missing/a/kdavis.htm

http://z.about.com/d/crime/1/G/Q/1/davis.jpg

Kiplyn Davis was born July 1, 1979 in Utah. She has naturally curly red hair and blue eyes. When she disappeared she was five-foot, three-inches tall and weighed 110 pounds.
Kiplyn Davis was last seen on May 2, 1995, at her high school in Spanish Fork, Utah. She is known to have attended morning classes and was seen at lunchtime while eating with friends. However, Davis did not show up for her fourth and fifth period classes. All of her personal
belongings and books were found in her school locker.

Kiplyn Davis was last seen wearing a long-sleeved, off-white t-shirt with a beige stripe; a blue denim vest with a small tag reading ENUF on the side; blue denim shorts (brand name Bum Equipment), white sandals with three straps on the front and two around the heel with cork soles (brand name Colorado), a Guess brand watch with a large face trimmed in silver with a black leather band; two sterling silver rings (one was a band with a flower pattern and one had the initials CTR with flowers on each side of the initials), royal blue underwear; and a white Hanes brand bra.

Davis has pierced ears and may wear a lower dental retainer.
Anyone with information concerning this case should take no action, but instead immediately contact the nearest FBI Office (http://www.fbi.gov/contact/fo/fo.htm) or local law enforcement agency. For any possible sighting outside the United States, contact the nearest United States Embassy or Consulate (http://www.fbi.gov/contact/legat/legat.htm).
Source: Federal Bureau of Investigation

[Nut44x4]

The Salt Lake Tribune
August 11, 2009 Tuesday

Delay in Kiplyn Davis case angers victim's father

Provo » The case against the man accused of murdering a Spanish Fork teenager 14 years ago is on hold until November.

Fourth District Judge Lynn W. Davis rescheduled a status conference on Timmy Brent Olsen's case Tuesday to await word from the Utah Supreme Court on whether he can get a fair trial in Provo.

Olsen, who is charged with killing then-15-year-old Kiplyn Davis, wants the trial moved out of Provo. The judge has denied the change of venue motion, and Olsen's attorneys are currently appealing to the Utah Supreme Court.

The delay is frustrating Richard M. Davis, Kiplyn's father, who said the family has waited too long for justice.

"It's been six years since this started in the courts, and it's been 14 years since Kiplyn's been gone," a visibly frustrated Davis said. "It's not right. Here's another summer gone without finding Kiplyn."

Davis vowed he would do something to reform a justice system he says favors the accused more than victims' families.

Kiplyn disappeared in May 1995 from Spanish Fork High School. Her body has never been found.

Carolyn Howard, one of Olsen's lawyers, said her client also wants to see the case resolved. She said the defense wants the trial moved to Heber or Fillmore, where fewer people have been exposed to media coverage of Kiplyn's disappearance.

Olsen and Christopher Neal Jeppson were found guilty in federal court of lying to investigators about Kiplyn's disappearance.

Jeppson, who also faced murder charges, entered a plea deal in May where he entered a no-contest plea to obstructing justice in return for the murder case being dismissed. Three other men -- Scott Brunson, David Rucker Leifson and Garry Von Blackmore -- pleaded guilty to federal perjury charges in connection with the case.
http://www6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFullDocument&orgId=574&topicId=100020825&docId=l:1021513893&start=9

[annalyzer]

Get Kiplyn Davis' Case on America's Most Wanted

December 13, 3:54 PM

As the 15th anniversary of the disappearance of Kiplyn Davis approaches, the need to get more attention for this case becomes more and more crucial with the passage of time. We shouldn't want her to disappear as memories of what happen fade until they cease to exist; we should want to turn a lethargic investigation up a notch to fill in the gaps of this baffling saga.

Timmy Olsen is set to stand trial for her alleged murder within the next couple years, but without any physical or forensic evidence all they have against him is circumstantial evidence and hearsay. Things look bad for him with several supposed confessions, making authorities think he knew where her body was, and many other things creating marks on his record. No matter what we must consider him innocent until he is proven guilty and give him his day in court.

What's left is the matter of what happened and where Kiplyn is now. No evidence exists to prove Kiplyn is dead or what happened to lead to her death, if she is dead. We don't have a body or even a good idea of where her body might be. After nearly 15 years, the further the case progresses, the closer it gets to where it started.

America's Most Wanted is a fantastic program that captures fugitives, reunited families, and brings missing persons home. Millions of people watch this program every week, which is why it's so successful. Getting her case on this show would give the case the shot in the arm it needs.

I urge you all to write a letter to this program asking for her case to be profiled. Here is the criteria:

AMW can only accept missing person cases that have been reported to police. If you have not yet reported your case to local authorities, you should do so immediately. To have your case considered for America's Most Wanted and AMW.com, send a letter with the following elements to: America's Most Wanted
Missing Persons Unit
P.O. Box Crime TV
Washington, DC 20016

http://www.examiner.com/x-28069-Salt-Lake-City-Missing-Persons-Examiner~y2009m12d13-Get-Kiplyn-Davis-Case-on-Americas-Most-Wanted

[CSAFD]

if they get Kiplyn's story on there why wont that do Brittany McGlones' we've (the family) have been trying for 3 yrs to get them to do a story on it and they wont.

[Amusedtdth]

if they get Kiplyn's story on there why wont that do Brittany McGlones' we've (the family) have been trying for 3 yrs to get them to do a story on it and they wont.

Don't give up trying. Squeaky wheel gets the oil!

[CSAFD]

Don't give up trying. Squeaky wheel gets the oil!

Right Now im really about to! :rolleye0001::sad0119:

[packy]

Kiplyn Davis case delayed until April.

By Donald W. Meyers
11/18/09

http://www.sltrib.com/ci_13817300?source=rss

Provo » The man accused of killing Kiplyn Davis will have to wait almost five months before he sets foot in a 4th District Courtroom again.

Fourth District Judge Lynn W. Davis set Timmy Brent Olsen's next status hearing for April 7, in anticipation of the Utah Supreme Court's action on a request to move the hearing out of Provo.

Carolyn Howard, Olsen's attorney, told Davis that she will be filing briefs with the high court before Dec. 2, and the state will have 30 days to respond.

Olsen is accused of murdering then-15-year-old Kiplyn, who disappeared from Spanish Fork High School in May 1995. Her body has never been found, but prosecutors say Olsen had told several people that he had beaten, raped and killed her in Spanish Fork Canyon.

In October 2008, Davis rejected Olsen's request to move the trial out of Utah County, prompting an appeal to the state Supreme Court. The high court agreed to hear the appeal in April.

Howard said she wants Olsen's trial heard in either Heber or Fillmore, where jurors have not been exposed to more than a decade's worth of media coverage about the case.

Richard M. Davis, Kiplyn's father, expressed frustration at the additional delay.

"It's not like the federal system," Richard Davis said. "We ought to look at changing the laws to speed it up."

He acknowledged the delay is difficult for Olsen and his family, who want to see the proceedings completed.

(More at link)