Delayed start of triple-murder trial could jeopardize case

A triple first-degree murder trial in Red Deer has stalled in the starting blocks and that could put the entire case at risk due totiming.

Jason Klaus is accused of killing his father Gordon, mother Sandra and sister Monica in December2013, then setting fire to their central Alberta farmhouse. Joshua Frank faces the same charges along with an allegation that he shot the family's dog.

The seven-week trial was supposed to begin Tuesday morning in Red Deer. But before any evidence could be heard, the defence requested an adjournment because they only found out 12 days earlier the Crown would try to introduce evidence gathered in a so-called Mr. Big sting.

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The former prosecutor on the case had agreed to a June deadline to let the defence lawyers know if she was going to introduce that evidence.

Bina Border never filed those materials. Then she abruptly quit at end of August.

Defence lawyerTonii Roulston showed her frustration in court on Tuesday."It's been very willy-nilly throughout this entire case as to how the Crown is proceeding," she told the judge.

"Make a decision for God's sake. How can you not know you're leading a Mr. Big? I don't understand how senior Crown counsel on this case for three years can't make a decision."

Calgary prosecutor Douglas Taylor took over the case and tried to rectify the situation.

"I wish I could go back in time and do things differently," Taylor said. "Regrettably I can't."

Justice Eric Macklin agreed to delay the start of the trial for two weeks to give time to the defence team to listen to 100 hours of audio and video that was gathered during 24 Mr. Big scenarios.

"I am satisfied that, had counsel been advised in a timely manner, defence could have been prepared and ready to start today," Macklin said. "But they did not receive a timely response."

The trial will resume October 23.

Race against time

The Supreme Court of Canada's Jordan decision recognized the Constitutional right of an accused to a trial within a reasonable time. At the superior court level, it suggested 30 months from the time a person is charged until the conclusion of trial.

If the Klaus trial wrapsup on Nov.24as originally scheduled, the timeframe would be 39 months.

Lawyers for Klaus and Frank unsuccessfully filed Jordan applications in August. Justice John Little ruled that once delays caused by the defence were taken into consideration, the net delay was 31 months.

While that isstill over the Jordan limit, he decided that was acceptable given the complexity of the case and the seriousness of the alleged crimes.

But nowthe case has been pushed back two weeks, and Macklinhas indicated he's not available the week of Nov.20. So that leaves only four weeks for the trial.

The judge has already signalled he would like to start earlier and take shorter lunch breaks in order to hear all the evidence.

If the trial can't wrap up by Nov.17, it's unclear when all the parties could find time in their schedules to conclude the case.

Outside court, Frank's lawyer was asked if there is a possibility of another Jordan application.

"We're not going to rule out that possibility," Andrea Urquhart said. "I think it's hard to say at this time. I think we're all going to work to try to get this matter done in the time that's scheduled."

Klaus's lawyer concurred.

"Certainly we're not discounting that possibility," Allan Fay said. "Jordan says that time runs until when the trial concludes. But by the same token, we're not able to commit ourselves at this time."

The prosecutor downplayed the possibility the charges could be stayed if another Jordan application was made and was successful.

"No, I don't think that's likely," Taylor said, before adding,"anything's possible."

"If it becomes necessary that we need additional time, we can always seek that. But right now, we feel good."

Impact on accused and victims' family

Throughout the court hearing Tuesday, Klaus and Frank sat side by side in the prisoner's box showing little emotion. The two men have been in custody since they were charged in August 2014.

Now they will have to wait another two weeks for their trial to begin.

Fay admitted the delay will likely have an effect on them.

"It''s got to be difficult to deal with," he said.

The Red Deer courtroom was packed with the victims' friends and family who were visibly disappointed by Tuesday's turn of events.

They declined an interview outside court, but indicated they've waited almost four years for answers in the case, so they're prepared to wait another couple of weeks.