By Brooke Naylor
The parents of a young girl whose body has been missing for more than 11 years learned they are going to have to wait even longer before they can get 'justice.'
In 4th district court on Friday, (March 9, 2007) the murder case of Kyplin Davis was postponed until the defendant, Timmy Brent Olsen, can be present.
Olsen, 29, is charged with the murder of the then 15-year-old Davis who went missing in May of 1995. Her body has yet to be found.
Olsen was sentenced to 15 years in a federal prison for lying under oath about what happened to Davis.
Olsen, who is being held in a medium security prison in Phoenix, is appealing the merits of his sentencing, meaning he feels he didn''t get a proper sentence. The prosecution fears they may have to wait until his appeal is decided before they can charge him for murder.
The state can file a motion to secure Olsen''s presence in Provo, but if he is needed during the appellate process in Arizona, then the federal level takes precedence. His charge in Provo must be dismissed with prejudice, meaning it cannot be refilled.
Although Judge Lynn Davis said he felt it would be 'rare' for Olsen to be needed back at the federal courts, prosecution feels that is a risk they are not willing to take.
'We don''t want a murder case dismissed on a technicality,' said Mariane O''Bryant, prosecuting attorney.
Prosecution feels they will have to wait until Olsen has exhausted all his rights at the appellate level. It could be a year or longer before the state is able to proceed with the murder case.
' have waited over ten years for this ,' O''Bryant said. 'We are not going to take any chances.'
Olsen can, at any time, waive his anti-shuttling right and agree to be transported to Provo, but defense attorney Dana Facemyer said it is unlikely that Olsen will agree to that.
'It''s frustrating he''s not signing the waiver,' said Richard Davis, Kyplin''s father. 'But I will wait as long as it takes.'
Prosecutors expect it will take eight months to a year for the appellate process to be completed, and even longer if Olsen decides to take his appeal all the way to the Supreme Court.
'I can wait I know our case is so strong will be convicted.' Davis said. 'The prosecuting attorney is very prepared and I know we have a great case.'