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Sam Penrod reportingOne of the defendants guilty of perjury in the Kiplyn Davis disappearance case was back in court today to answer to charges he violated the agreement he made to stay out of jail until he is sentenced.
David Rucker Leifson was ordered to appear in court today after allegations that he may have violated his pretrial release until he is sentenced.
The judge allowed him to remain free until another hearing next month. His sentencing, and the sentencing for three other defendants who are guilty of perjury, is a step closer to happening now.
Leifson came to the federal courthouse this morning to answer to the allegations which involve a report that he sent a text message to an ex-girlfriend that was of a threatening nature; that would violate his agreement to stay out of trouble until he is sentenced.
Leifson took a plea deal and plead guilty to lying to the grand jury investigating the disappearance of Kiplyn Davis.
While his name has been tied to Timmy Olsen and Chris Jeppson, who now face a murder trial, Leifson has not been charged with her murder.
The biggest issue right now for federal prosecutors is awaiting a ruling on whether the men convicted of perjury can have their sentences enhanced because they lied about a murder case.
The 10th Circuit Court of Appeals heard arguments yesterday after Timmy Olsen appealed his 12 year federal sentence, arguing that it was too harsh. "We believe our appellate division presented a very strong argument in regards to the cross reference of murder, which supported the 12 year sentence. We'll are gonna see how the 10th Circuit applies that, and we are gonna to use that decision in the remaining sentences that are still pending," said Assistant U.S. Attorney Carlos Esqueda.
So for now, the sentences for a total of four other men who are guilty of perjury in this case remain on hold until the appeals court issues a ruling, which could take a few months.
