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The two men facing murder charges in the disappearance of Kiplyn Davis returned to court today. Timmy Brent Olsen and Chris Jeppson are both awaiting trial, and during today's hearing, a judge said Jeppson's trial will be decided by a jury.
Jeppson's attorney filed a motion this week to waive his right to a jury trial. The move may have been motivated by comments the judge made at the end of the preliminary hearing. He stated prosecutors' evidence against Jeppson met the legal standard to go to trial but was far away from the standard of "beyond a reasonable doubt" required for conviction in a trial.
The victim's family believes the case should be heard by a jury, and there could be even more delays in the case if it is heard by a judge.
"I would just as soon go with the jury and let us both take our chances that way, and I think it is the most fair way anyway. I think that is the most fair way in our nation's judicial system, is to let a jury decide the case," Kiplyn's father, Richard Davis, said.
Prosecutors also want a jury to hear the case, and the judge ruled in their favor.
The judge has also ruled that Jeppson and Olsen will have separate trials. Olsen's will be held in April, and Jeppson's at the end of May. Both men are already serving time in federal prison after being convicted in federal court for perjury relating to the murder investigation.
Kiplyn Davis' body has never been found, but prosecutors still believe they have enough evidence to take the case to trial.
E-mail: spenrod@ksl.com
