The justice determined during the Castor-area triple homicide trial that all evidence gathered during the Mr. Big sting operation is admissible in the proper trial.
The justice was deliberating a voir dire, which determines the admissibility of evidence gathered through the undercover sting operation.
Given that all Mr. Big evidence is admissible, including a confession by Jason Klaus made to Mr. Big, Klaus’s defence attorneys requested an adjournment until tomorrow morning to discuss with their clients before beginning their case.
Klaus has been charged with three counts of first-degree murder and one count of arson in relation to the deaths of his father Gordon Klaus, 61, his mother Sandra Klaus, 62 and his sister Monica Klaus, 40.
Joshua Frank has also been charged with three counts of first-degree murder in relation to the deaths.
The remains of Gordon and Monica were found in what was left of a burnt-out house in Castor on Dec. 8th, 2013.
The body of Sandra has never been found and during a press conference in Calgary in 2014, RCMP Insp. Tony Hamori said police believe her remains were consumed by the fire.
Prosecutors had earlier argued during their submission of evidence that Jason was not coerced into confession by Mr. Big officers.
The defence argued that Jason was yearning to fit in with the criminal organization who represented the only male friendship he has experienced. They likened his behaviour in the criminal organization to, “A kid playing cops and robbers”.
The crown argued that Jason was actively involved and willing to make suggestions throughout the operation.
Defence made the argument to suggest Jason thought by saying he committed these crimes he would rise up the organization. This is opposed to the idea that Jason admitted to the homicides in order to have the criminal organization get rid of them for him.
Jason’s lawyers argued it is important for the court to consider that Jason had confessed, recanted and then re-confessed during the course of the Mr. Big operation. His lawyers added that people who work in the courts know that people will often falsely confess to crimes and spend time incarcerated for crimes they didn’t admit.
The crown stated that the confession by Jason matches what Frank had told undercover officers on the Klaus family farm during the Mr. Big operation.
The defence will begin their case in the main trial tomorrow morning in Red Deer.