Mr. Big set to take stage at Red Deer triple-murder trial

A judge is expected to begin hearing evidence Wednesday gathered during a Mr. Big sting that played a central role in atriple first-degree murder trial now before the courts in Red Deer.

The evidence will be heard during avoirdire, a trial within a trial, in order for Court of Queen's Bench Justice Eric Macklin torule on its admissibility.

When the trial opened last month,prosecutor Douglas Taylor said he planned to introduce what he called "super-important evidence" from the so-called Mr. Big sting.

The defendants,Jason Klaus and Joshua Frank, are both charged with three counts of first-degree murder in the December 2013 deaths of Gordon, Sandra and Monica Klaus.

The trial was delayed two weeks to give defence lawyers time to listen to hundreds of hours of recordings made during the undercover operation.

• Delayed start of triple-murder trial could jeopardize case

• 'I didn't kill these people,' co-accused in Klaus triple murders cries to RCMP officer during interrogation

In Mr. Big stings, police officers typically pose as criminals hoping to get a suspect to confess to a crime. The scenarios played out can be elaborate and imaginative.

With the trial now in its fourth week, there have been repeated references made to the Mr. Big sting.

Court has heard the undercover operation was launched in April 2014 and involved 24 "scenarios," planned, staged and scripted encounters between Jason Klaus and undercover operatives.

Taylor indicated weeks ago he planned to enter three hours of audio-tape evidence from two scenarios, focusing on what the two accused said to undercover officers.

The final scenario featured a meeting between Joshua Frank and the boss, Mr. Big.

"Mr. Frank only shows up in scenario 24, he was not the target," Taylorsaid at the beginning of the trial.

"He wasn't brought in by the police. He was brought in by Mr. Klaus."

Frank unaware he was dealing withpolice

Joshua Frank met with Mr. Big on July 19, 2014, a month before he was arrested and charged. He later described the men surrounding "the boss" as "some pretty bad-ass dudes from Calgary."

Frank admitted he was intimidated by Mr. Big.

"He didn't look like he was very friendly, let's put it that way," Frank said during one post-arrest interview with police.

Staff Sgt. Joshua Graham finally revealed the truth about the undercover operation.

"You talked about concerns you had for your family, for this organization, these guys that Jason was hanging out with," Graham told Frank. "So I can maybe alleviate that."

He told Frank the officer who played Mr. Big was actually in charge of the Alberta undercover unit. There is a court-ordered publication ban on that officer's identity.

"The other boys you saw are police officers," Graham said.

During a post-arrest interrogation of Frank, Cpl. Joaney Paradis hinted the Mr. Big operation had achieved its goals.

"That resulted in Jason providing the details about how he planned the murders of Gordon, Sandra and Monica," Paradis told Frank. "And on July 19, you were the subject of an undercover operation. There was only one scenario. And that is the scenario where you provided the details of how you killed Gordon, Sandra and Monica."

Admissibility of Mr. Big evidence

A 2014 Supreme Court of Canada ruling madeevidence gathered during a Mr. Big sting presumptively inadmissible. The onus is on the Crown to establish that, on balance, the confessions are more reliable than they are prejudicial to the accused.

• 'Mr. Big' sting confessions get stricter rules from Supreme Court

In an effort to conclude the trial on schedule by the end of next week, Macklin has indicated that whenever possible court will begin early and go past 5 p.m. He hasalso asked for Saturday sittings and has reversed an earlier direction that he would be unavailable next week.

All three defence lawyers have trials in Calgary that begin the week of Nov. 27.