Editor’s Note: This story originally said it would be a jury trial, however in September 2017, both of the accused chose to have their case heard by a judge alone. The story was also updated after a two-week delay was granted.
The Crown is proceeding “willy nilly” in a triple-murder case, according to the lawyer of one of the accused.
Joshua Frank and Jason Klaus are both charged with three counts of first-degree murder and arson in the deaths of Gordon and Sandra Klaus and their daughter Monica Klaus.
Jason Klaus is the son and brother of the victims.
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The pair was arrested Aug. 15, 2014, about eight months after the Klaus family home was found burned to the ground outside of the small town of Castor, Alta.
The remains of Gordon and Monica were identified but Sandra’s remains were never found. Police said they believed she was inside the farmhouse at the time of the fire.
Frank has also been charged with killing the family’s dog.
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Both men have been in custody since their arrest and Tuesday morning they sat beside each other in the prisoner box, their ankles shackled before a packed Red Deer courtroom.
Frank kissed his hand and waved to someone in the courtroom before the proceeding began.
READ MORE: Murder and arson trial going ahead for Alberta man accused of killing family
The seven-week trial to be heard by Justice Eric Macklin was supposed to begin Tuesday morning with opening statements but instead defence lawyers argued the Crown missed its deadline in notifying the court it intends to call Mr. Big evidence.
Frank’s defence team said the Crown was “always on the fence” when it came to whether it would use the Mr. Big sting to build its case.
Frank’s lawyer, Tonii Roulston, said she wrote a letter to the Crown to say “make a decision for God’s sake.”
Crown prosecutor Douglas Taylor told the court he wished he had the “luxury” of preparing all summer for the case but was only assigned on Aug. 29, after a different prosecutor resigned.
Taylor told court the proper application was not filed on time and he worked to rectify the situation as soon as he found out.
“Someone could have asked me,” Taylor said.
Frank’s defence team said it would need two weeks to go over and review the hours and hours of Mr. Big video and audio.
Klaus’ lawyer Allan Fay told the court he would need one week.
READ MORE: Two men arrested, charged in central Alberta triple murder case
The Mr. Big evidence has yet to be presented in court and ruled if it is admissible, but the Crown said Joshua Frank was never the target.
“He wasn’t brought in by police,” Taylor said, “he was brought in by Mr. Klaus.”
The Crown said the sections of evidence it intends to use would amount to about three hours of audio and video, however defence lawyers said they would need to review hundreds of hours to properly prepare.
Justice Macklin granted a delay Tuesday so defence lawyers have time to properly prepare. The break will be two weeks. The trial will begin Oct. 23.
“I wish to give defence counsel every opportunity to be fully prepared,” he said.
Macklin said disclosure was provided on a timely basis but the Crown did not file its intent to lead with Mr. Big evidence by the June 30, 2017 deadline.
— With files from Karen Bartko, Global News
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