Trial delayed for two men accused of killing family
The start of the triplemurder trial of two central Alberta men has been delayed two weeks so their lawyers can prepare to fight the admissibility of undercover evidence.
And the adjournment of the case could reopen the possibility that lawyers for Joshua Frank and Jason Klaus might seek a stay of charges due to unreasonable delay.
Court of Queen’s Bench Justice Eric Mack lin granted the adjournmentTuesday, after hearing submissions from the Crown and defence.
Lawyers Andrea Urquhart and Tonii Roulston, who represent Frank, and Allan Fay, who acts for Klaus, had asked Macklin to delay the trial because the Crown had missed a deadline for informing them they would be tendering the “Mr. Big” evidence.
The lawyers initially sought a ruling by Macklin prohibiting the presentation of evidence from this sting operation.
Macklin, however, said the prosecution was still entitled to present the evidence, despite the fact it didn’t give notice it would be arguing for the admissibility of the sting operation. During a pre-trial meeting, the prosecution had been told this notice would be required.
But, Crown prosecutor Douglas Taylor — who was only assigned to the case five weeks ago after then Red Deer chief Crown prosecutor Bina Border resigned — was not aware of the court-imposed June 30 deadline.
Taylor told the defence lawyers late last month that he would be tendering evidence the two men gave in statements to an RCMP officer posing as Mr. Big.
Taylor said he will be asking Macklin to admit the statements given during the undercover operation, as well as statements the two men made to police following their Aug. 15, 2014, arrests.
Both Frank and Klaus are charged with three counts of firstdegree murder in the Dec. 8, 2013, deaths of the latter’s parents and sister. Gordon, Sandra and Monica Klaus all died in a house fire in Castor, Alta. The accused also face charges of arson.
Outside court, the defence lawyers — who unsuccessfully sought a judicial stay in August because of delays in getting the men to trial — said a further adjournment, if necessary, could reopen that issue.
Urquhart said the main focus right now is getting the trial completed on time.
“I think we’re all going to work to try to get this matter done in the time it’s scheduled,” Urquhart said.