2 Kiplyn suspects will be tried apart
Timmy Brent Olsen and Christopher Jeppson are both charged with murder in the death of 15-year-old Davis, who disappeared May 2, 1995, from Spanish Fork High School.
Judge Lynn Davis has already acknowledged the difference in the men's alleged levels of culpability but ruled Wednesday that trying them together could violate both their rights.
"Mr. Jeppson may be highly prejudiced by the accumulated evidence against Mr. Olsen," Davis wrote in the ruling. "The prejudice is more than a mere possibility."
Utah code allows for defendants to have separate trials if they would be prejudiced by being tried together.
As well as the extra evidence against Olsen, Davis cited several other reasons why a severance would be necessary — despite the Utah County attorney's request to keep the cases together.
Jeppson has waived his right to a speedy trial, while Olsen wants a quick trial.
If Davis delayed the trial for Jeppson, Olsen "may be prejudiced and his constitutional right to a speedy trial" affected, according to the ruling.
So, resolving all doubts in favor of a severance, as required by law, there will now be two trials.
Calls to Olsen's and Jeppson's attorneys for comment were not immediately returned.
Prosecutor Mariane O'Bryant said she wasn't surprised by the ruling, but it's still tough.
"There's nothing about this case that has been easy," O'Bryant said. "It certainly is more of a strain, particularly on the family to do this twice instead of once. (But) if we have to do two trials, we will do two trials."
There's still no word on where the trials will be held, as attorneys for both men have asked for changes of venue due to the massive media attention.
Olsen wants somewhere rural, like Wasatch or Millard counties, while Jeppson has asked for somewhere larger, like Salt Lake County.
The men will be in court again Tuesday to figure out what happens next in the cases.
Olsen and Jeppson have both been sentenced in connection with federal perjury charges. Olsen was sentenced to 12 1/2 years in federal prison and just last week, Jeppson was sentenced to five years plus two years of probation.
The judge's ruling aligns closely with the arguments made by Jeppson's attorney, Scott Williams.
Williams argued that, despite the amicable relationship between the attorneys in the courtroom, Jeppson and Olsen may have "inconsistent defenses."
Recent comments
No way I read that story right. "Mr. Jeppson may be highly prejudiced...
What kind of screw up | July 3, 2008 at 6:02 p.m.
i think these guys have had the inclination to give everybody but...
sob | July 3, 2008 at 5:02 p.m.
Innocent until proven guilty, Kevin, innocent until proven guilty...
Johnny | July 3, 2008 at 12:57 p.m.
