PROVO -- A visibly upset Richard Davis vowed to work to change the slow judicial system after another continued hearing for Timmy Brent Olsen in the disappearance of Davis's daughter, Kiplyn.
A status hearing for Olsen was continued for 90 days on Tuesday as attorneys continue to wait for Olsen's appeal on a change of venue to be heard.
"I think it's a crying shame that the judicial system's like it is," Davis said.
Olsen is charged with murder in the death of Kiplyn Davis, who disappeared from Spanish Fork High School in 1995. His trial was originally scheduled to take place in April this year, but the trial was put on hold while attorneys await the results of the appeal. Olsen is appealing the decision on his motion for a change of venue, which was denied.
Prosecutor Mariane O'Bryant said a briefing has not yet been scheduled in the Utah Supreme Court, though the court accepted the case in February. Once a briefing has been scheduled, it will likely be several months before all arguments have been made and a decision is issued, she said.
Davis said he does not know what he will do to change the system, but something has to be done now. Prolonged cases cost taxpayers time and money, and victims have to continue living with the experience, he said. No matter the case, the delays are the same every time, he said, and it is not fair to the victims in the case.
"It's just sad for all victims," Davis said.
Kiplyn's family is still looking for her, and delays only prolong the search, he said. Olsen's case should be in front of a jury right now, but Davis said another summer has instead been wasted without finding Kiplyn.
"It's just a waiting game for us," he said.
Davis said there is plenty of concern for a speedy trial for the defendant, but not as much concern for the victims. Kiplyn has been missing for 14 and a half years, he said, and there is no pressure on anyone to find her. It is time for people to put their feet down and change it, instead of putting up with "goofing off" within the system, he said.
"This is my frustrations as a victim," he said.
Olsen's attorney, Carolyn Howard, said the process is frustrating for everyone involved. It is frustrating not only that the appeal is taking a long time, but that a date hasn't even been set for a briefing, she said. Such a delay is difficult for a defendant who is sitting in jail and all the victims involved, she said.
"We're all in the same boat, and we hope this can get resolved," she said.
Although attorneys estimated it may take more than 120 days to finish the appeal after the briefing has been set, Howard said she hopes to know if the trial will stay in Utah County by Olsen's hearing in Provo in 90 days. Howard said Olsen cannot receive a fair trial in Provo and she would like the trial to be moved to Heber or Fillmore if possible.
"Anywhere but the jurisdiction that includes ... Spanish Fork," she said.
Posted in Local on Wednesday, August 12, 2009 12:00 am Updated: 7:48 am. | Tags: Kiplyn Davis, Timmy Brent Olsen
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