A man serving four years in federal prison for perjury in connection with the Kiplyn Davis case had his sentence upheld Tuesday by the 10th U.S. Circuit Court of Appeals.
David Rucker Leifson was sentenced to 48 months in prison in May 2008 after it was determined his lie to a federal grand jury impeded the investigation into the disappearance and slaying of Davis.
The Denver-based appeals court Tuesday upheld Leifson's sentence, saying his lie about a heated argument with co-defendant Timmy Brent Olsen prevented the FBI from pursuing why Leifson has refused, still to this day, to cooperate with investigators.
During the argument, Leifson threatened to kill Olsen after he made statements suggesting that Leifson was responsible for Davis' death.
In his appeal, Leifson argued his false statements should not have been linked to the crime. But the court felt otherwise.
"The defendant does not need to commit nor be charged with the underlying offense for the cross reference guideline to apply," the appeals court ruled.
The court went on to say that Leifson was aware the grand jury was questioning him about the Davis case.
"Leifson cannot now argue that his false statements were not material to the grand jury investigation into Davis' disappearance and presumed death, or that he did not know that his false statements were material."
Because Leifson lied during the course of a criminal inquiry, his perjury sentenced was enhanced.
Leifson also argued that if his false statements were linked to a crime, they should have been linked to kidnapping and not a murder investigation, which again would have lessened his federal sentence.
The appeals court ruled Tuesday the grand jury used words such as "murder" and "death" while questioning Leifson, making him aware they were questioning him as part of a murder investigation.
Davis vanished from Spanish Fork High School on May 2, 1995 when she was 15. Investigators believe she was taken up Spanish Fork Canyon, where she was raped, killed and buried in an unmarked grave. Her body has never been found.
Olsen and Christopher Neal Jeppson were both charged with murder in connection with Davis' disappearance. Jeppson pleaded no contest earlier this year to an obstruction of justice charge in exchange for the murder charge being dropped. In addition, Jeppson was sentenced to five years in federal prison last year for perjury.
Olsen is serving 12 1/2 years for his perjury conviction.
E-MAIL: preavy@desnews.com