Federal prosecutors say a suspect in the death of 15-year-old Kiplyn Davis was advised of his right to an attorney several times, despite his claims otherwise.
In a court brief filed Wednesday, the U.S. Attorney's Office for Utah said Timmy Brent Olsen was advised of his right to an attorney first in writing and then later in person when he was brought before a grand jury to testify regarding accusations that he had a hand in the death of the 15-year-old Spanish Fork High School student.
Authorities believe Davis was raped, killed and her body was buried in an unmarked location. After a 10-year investigation, Olsen and four other men were indicted on perjury charges in what investigators call a conspiracy of silence surrounding Davis' disappearance.
Olsen had filed a motion last week asking that federal charges be dropped against him because he was not advised that he had a right to an attorney, nor was his attorney notified of his subpoena to testify.
In the prosecutors' response, they said that Olsen was advised several times of his right to an attorney. The first time, Olsen was served with the grand-jury subpoena, which came attached with a letter from then U.S. Attorney for Utah Paul Warner, and with another document informing Olsen of his rights.
"If you have retained counsel, who represents you personally, the Grand Jury will permit you a reasonable opportunity to step outside the grand jury room and confer with counsel if you desire," Warner wrote.
Transcripts of Olsen's grand-jury testimony also show that the government advised Olsen again just before he testified. "As a target and as a witness before the grand jury you have the right to have an attorney with you that would stay outside of the grand jury room . . . That's a right that every witness before a grand jury has. Do you understand that?"
Olsen replied "I do."
Olsen also claims he had retained attorney Mike Esplin to represent him after he was interviewed by the FBI, and that Esplin should have been notified of the grand-jury subpoena. Federal prosecutors said Esplin was not retained and had only represented Olsen during the FBI interview on April 26, 2005.
Currently Olsen faces trial on 17 counts of lying to an FBI agent and perjury before a grand jury. Prosecutors say despite witness testimony, Olsen denied making statements that he and co-defendant Rucker Leifson had taken Davis up a nearby canyon and had later returned without her on the day she disappeared on May 2, 1995. Olsen also denied making statements that he had a part in Davis' murder.
Olsen also faces a pending murder charge in state court after his federal trial, which is scheduled to begin May 1.
In addition to his motion to dismiss, Olsen has also filed two other motions, asking a federal judge for a separate trial on counts not directly related to Davis' disappearance and an order compelling the government to show its evidence regarding several alleged incidents in which Olsen was violent with other women, including his wife.
The U.S. Attorney's Office said it plans to file a response to the two other motions, with hearings before a federal judge afterward.
E-mail: gfattah@desnews.com