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Kiplyn Davis case: David Rucker Leifson pleads guilty to perjury

By Jeremy Duda - Daily Herald - | Oct 29, 2007

The investigation into Kiplyn Davis’s disappearance reached another milestone Monday as the fifth and final suspect in the case pleaded guilty to perjury in federal court.

David Rucker Leifson pleaded guilty to one count of perjury in U.S. District Court. Originally charged with six counts of perjury, prosecutors agreed to drop five of them as part of the plea deal. The charge carries a maximum penalty of five years in prison. Leifson, 30, will be sentenced on Jan. 10.

Davis, then 15, disappeared from Spanish Fork High School on May 2, 1995. Her body has not been found, and she is presumed dead.

“Once again another individual that had given false statements to a grand jury investigation is found guilty today, and he indicated very clearly that he had lied about the statements made about the disappearance of Kiplyn Davis,” U.S. Attorney Brett Tolman said from the steps of the federal courthouse in Salt Lake City.

Richard Davis, Kiplyn’s father, reiterated that his primary goal is finding his daughter’s body so she can be given a proper burial.

“Again, we’re not out for any vengeance for anybody. All we want to do is bring Kiplyn home, and we are willing to talk with these individuals if they’ll just come forward and tell us where Kiplyn is,” he said, holding back tears.

Leifson was charged in December 2004 with lying to a federal grand jury that was investigating Kiplyn’s disappearance. As part of his plea deal, Leifson admitted that he lied when he told the grand jury that he did not remember having an angry confrontation with another suspect, Timmy Brent Olsen, in July 1996.

“That was false,” Leifson said to Judge Tena Campbell.

Witnesses testified to the grand jury that Leifson was angry that Olsen had told people that Leifson was responsible for Kiplyn’s disappearance. According to the indictment, two witnesses saw Leifson confront Olsen, and Leifson later spoke about the incident to a witness who was wearing a recording device.

Leifson is the fifth suspect to be found guilty of perjury in federal court. Scott Brunson and Garry Blackmore were charged with perjury and later pleaded to lesser charges. Olsen was convicted on 15 counts of perjury and sentenced to 12 and a half years in prison.

Christopher Neal Jeppson was convicted in September on one count of perjury and three counts of making false statements. His sentencing was originally scheduled for Nov. 28, but on Monday that hearing was continued to Jan. 9.

Attorneys for both sides would not speculate on how much prison time Campbell would give Leifson.

“It depends on whether they apply this sentencing enhancement that you heard about in there or not. It’s hard to say at this point,” said Edward Brass, Leifson’s defense attorney.

Prosecutors were able to get an enhanced sentence for Olsen, saying his perjury was committed in conjunction with a murder investigation. Olsen’s attorneys are appealing the sentence.

Tolman said his office will seek a similar enhancement for Leifson’s sentence.

“As you saw in the first case, Mr. Olsen was sentenced to 12 and a half years. That is an unusual sentence for a perjury prosecution. However, we will be, as in each instance, attempting to present evidence that shows not only their lies but that they may have had knowledge about the disappearance of Kiplyn Davis,” he said.

Federal prosecutors are now five-for-five on perjury cases but Tolman said their work is not done. Olsen and Jeppson are charged with murder in state court, and the U.S. Attorney’s Office is cooperating closely with its counterpart in Utah County.

Leifson’s plea deal does not require him to testify against Olsen or Jeppson in their state murder trial, but Tolman suggested that he could get leniency for coming forward with information about the case.

“At this point the discussions have been focused on his plea. We anticipate, however, open dialogue from this point until the sentencing, and we will, of course, reach out to them, and if he is inclined to talk to us then we will do so,” Tolman said.

Richard Davis has long said that he would provide whatever help he could to any of the suspects if they came forward with information about Kiplyn’s whereabouts.

“The first one that does come forward will get the best deal,” Richard Davis said. “We are willing to work with them in any way we can.”

Tolman also said that each perjury case has brought forth new details, and there is hope that the same will happen in Leifson’s case. County and federal prosecutors said that two new witnesses came forward following Jeppson’s conviction.

Olsen and Jeppson will be back in Provo’s 4th District Court on Nov. 13, when Judge Lynn Davis is expected to rule on whether prosecutors can use transcripts from previous trials, grand juries and interviews at the defendants’ preliminary hearing instead of having the witnesses from those earlier proceedings testify in person.

Jeremy Duda can be reached at 344-2561 or jduda@heraldextra.com.