ECA Review 2017-12-07

2 D e c e m b e r 7 ' 1 7 H A N N A / C o r o N A t i o n / S t e t t l e r , A b . E C A r e v i e w
Klaus hired Frank to kill his
family asserts Crown Prosecutor
Lisa Joy
ECA Review
The six-week trial for Jason Gordon
Klaus and Joshua Gregory Frank -
both charged with three counts of first
degree murder and arson - wrapped up
Nov. 29 in Red Deer Court of Queen’s
Bench.
Klaus and Frank were arrested Aug.
15, 2014, for the Dec. 8, 2013, murders of
Gordon Klaus, 61, Sandra Klaus, 62,
and Monica Klaus, 40.
“The Crown respectfully submits it
has proven beyond any reasonable
doubt that the accused Jason Klaus
and Joshua Frank are both guilty of
the planned and deliberate murders of
Gordon, Sandra and Monica Klaus,”
Crown Prosecutor Douglas Taylor told
the court in his closing arguments.
Taylor said that Jason Klaus
planned the murder with his friend
Joshua Frank and agreed to pay Frank
money in exchange for Frank going
into the Klaus home and shooting the
family and then burning down the
house.
The Crown’s theory of the murder is
based on what the two co-accused told
undercover officers during the Mr. Big
Sting in 2014.
During the sting Klaus confessed he
hired Frank to kill his family because
he had forged his dad’s signature on
cheques. Klaus told the undercover
officers he drove Frank to the farmhouse
in the early morning hours of
Dec. 8, 2013, dropped him off and
waited down the road for Frank to
commit the murders and burn down
the house.
The two drove Gordon Klaus’s white
GMC truck about 20 km to the Battle
River where they ditched the vehicle
and threw the keys into the ditch.
Frank tossed the 9-mm handgun into
the Battle River the next day.
Joshua Frank, when meeting with
Mr. Big, a fake crime boss who was
really an undercover police officer,
corroborated this version of events.
After Jason Klaus was arrested he
gave this same account a second time.
During the Mr. Big sting, Klaus led
undercover officers to the spot where
the keys to the truck were tossed in the
ditch and Frank led them to the location
where the revolver was thrown in
the Battle River.
A forensic firearm’s expert testified
that the bullet that killed the Klaus’s
family dog was fired from this
revolver.
Klaus framed Frank
claims Frank’s lawyer
Lisa Joy
ECA Review
Joshua Frank’s defence, Tonii
Roulston, argued that Jason Klaus
framed Joshua Frank and the Crown
is relying heavily on the Mr. Big sting
and when you look at the evidence
there’s nothing to corroborate that
Frank did the killings.
Roulston said Jason Klaus mimed
the shooting in a way only a killer
would. She said when he related the
story of what happened, Klaus “says
Monica’s eyes were moving back and
forth and what is creepy about it he
mimics that not just to Wendy Barry
but to Keith Janes.”
She added that Klaus said his family
“didn’t feel the burn” and the weapon
was disposed of in the river.
Roulston said Klaus told Wendy
Barry that he was “one step ahead of
the investigation and that’s what Mr.
Klaus tried to do, stay one step ahead
of the investigation.”
She said Jason Klaus had rings worn
by Monica and Sandra, claiming they
gave them to him previously. He also
said he found them in the debris of the
rubble from the burned farmhouse but
Roulston added that they were “perfectly
clean.”
She argued that Joshua Frank didn’t
kill the Klaus family and he just went
along with Jason Klaus’s story to
undercover officers.
“Mr Frank, whether it’s referencing
‘happy wife happy life’ he just has to
participate, he just has to engage and
be seen what he’s saying is relevant.”
She pointed out that Frank could tell
believable elaborate lies with great
detail.
“That’s because that’s what he does,
he goes along… It’s typical of Mr.
Frank to be agreeable.” Roulston
argued that Frank didn’t know key
details of the crime such as whether
the 9 mm Ruger was loaded or
unloaded when thrown into the river
and Monica’s dog Patches hiding
underneath the bed during the
murders.
“At no point does Mr. Frank mention
Patches. Who mentions Patches? Mr.
Klaus.”
In addition, where investigators
found traces of accelerant wasn’t
where Frank said it was poured. Nor
did he know where the entrance door
to the house was during the
re-enactment.
Roulston said Frank just parroted
back Mr. Big’s comment that he’s a
stone-cold killer.
“That’s the harm of Mr. Big (stings).
It wants to encourage these types of
behaviours. You have to be a big shot.”
Justice Eric Macklin, however,
asked Ms. Roulston about Frank
telling Mr. Big he picked the spot in the
Battle River to dispose of the gun
because he knew the river was open in
that spot in the winter, there were
weeds and it would be there for years
and never traced back.
“That’s not parroting, that’s succinct
detail,” said Justice Macklin.
Roulston argued that Frank was
portraying to undercover officers that
he’s “some sort of brilliant murderer,
he’s familiar with the (river), ‘there’s
weeds at the bottom, see how smart I
am. I watch CSI 20 times.’ When people
are being untruthful they are believable
because they put in an element of
(truth).”
The trial was heard by judge alone.
Justice Eric Macklin reserved his verdict
until Jan. 10, 2018 in Red Deer
Court of Queen’s Bench.
See related stories: ‘Klaus hired
Frank to kill his family asserts Crown
Prosecutor’ and ‘Family problems
doesn’t prove murder says Klaus’s
lawyer’
The Crown said Jason Klaus’s
motive was the strained relationship
with his father and sister.
“He was worried his forgery of
cheques and theft of money from his
parents would lead to him being marginalized
and left on his own. With
them gone he could do what he wanted
and the family farm would be his.”
He said Frank’s motive was “greed
for money pure and simple,” adding
that Frank was an “unemployed destitute
drug addict” who saw an
opportunity for easy money.
Both Frank and Klaus stared
expressionless straight ahead as the
Crown presented how the crime was
committed and their motives.
Crown Prosecutor Taylor said Jason
Klaus admitted to police that prior to
leaving the family farmhouse the night
before the murders, he argued with his
family over how they were treating his
mother.
A week before the murders Jason
Klaus had called his aunt in Red Deer
and asked her if he could visit her to
get away from his family. She said no.
Taylor said the jerry can of AV fuel
being left by the house is consistent
with Joshua Frank having committed
the murders. He said after Frank came
out of the house he was interrupted by
the family dog, shot her and dropped
the jerry can.
Taylor said the sound of a gun shot
outside in the cold weather is magnified
and Frank realized this, causing
Frank to “abort his plan to return the
jerry can and flee the scene.”
NOTICE TO
CREDITORS AND CLAIMANTS
IN THE ESTATE OF LEWIS WILLIAM
LOHRMANN (also known as LEWIS
WM. LOHRMANN; also known as
LEWIS LOHRMANN; also known as
LOU LOHRMANN), LATE OF THE
TOWN OF HANNA, IN THE PROVINCE
OF ALBERTA, WHO DIED ON THE 8
DAY OF DECEMBER, A. D., 2016.
If you have a claim against this Estate,
you must file your claim by January 15,
2018, with ROSS, TODD & COMPANY,
Barristers & Solicitors, P. O. Box 1330, 124
- 2 Avenue West, Hanna, Alberta, T0J 1P0.
If you do not file by the date above, the
estate property can lawfully be distributed
without regard to any claim you may have.
Sitting in the prisoner box and listening
to this, Frank made no
expression.
Taylor said the family dog wouldn’t
have attacked Jason Klaus.
“It’s more likely that the dog
attacked a stranger than someone who
lived with her for years.”
He added that Frank told undercover
officers that “hindsight being
20-20 he should have thrown the dog
into the fire.
“I suggest it’s interesting there’s no
mention of the jerry can like he almost
forgot where the can was.”
Taylor said he found it remarkable
both accused testified they were innocent
and yet they both told versions
that placed them at the scene of the
crime.
“This is significant as both are
responsible for the murders. There’s
no question these two men are responsible
for the deaths of Gordon, Sandra
and Monica. It was a planned and
deliberate murder.”
Verdict
Justice Eric Macklin told the packed
courtroom that he was reserving his
verdict until Jan. 10, 2018.
“It’s been a long six weeks,” he said
thanking the gallery for being
respectful throughout the trial and
those who attended every day.
See related stories ‘Family problems
doesn’t prove murder says Klaus’s
lawyer’ and ‘Klaus framed Frank
claims Frank’s lawyer’
NOTICE TO
CREDITORS AND CLAIMANTS
IN THE ESTATE OF GEORGE PATZER
(also known as GEORGE WAYNE
PATZER; also known as GEORGE W.
PATZER), LATE OF THE TOWN OF
HANNA, IN THE PROVINCE OF
ALBERTA, WHO DIED ON THE 23
DAY OF SEPTEMBER, A. D., 2016.
If you have a claim against this Estate,
you must file your claim by January 15,
2018, with ROSS, TODD & COMPANY,
Barristers & Solicitors, P. O. Box 1330,
124 - 2 Avenue West, Hanna, Alberta,
T0J 1P0.
If you do not file by the date above, the
estate property can lawfully be distributed
without regard to any claim you may have.
PUBLIC NOTICE TO THE ELECTORS OF THE
VILLAGE OF ALIX, PROVINCE OF ALBERTA
TAKE NOTICE that the Council of the Village of Alix, in the Province of Alberta, has given first reading to
borrowing Bylaw 428/18 which will, upon final passage, authorize the Village to borrow monies from the
Alberta Capital Finance Authority by way of debenture issue, to pay for the cost of the following municipal
purpose(s), namely refinancing the existing loan for the construction of Railway House located at 5008-50th
Avenue, Alix. The public may inspect the proposed bylaw at 4849-50th Street, Alix during regular office hours.
The total cost of the project amounts to $1,400,000 and the net amount to be borrowed on the credit
and security of the municipality at large by the issue of debentures is $1,400,000. The debentures are to be
repayable to the Alberta Capital Finance Authority in semi-annual or annual equal payments of combined
principal and interest instalments not to exceed thirty (30) years calculated at a rate not exceeding the interest
rate fixed by the Alberta Capital Finance Authority, or another authorized financial institution, on the date of the
borrowing and not to exceed six (6) percent.
The electors may submit a separate petition with respect to the advertised bylaw calling for a vote of the
electors to determine whether the proposed bylaw should be passed. The petition must meet the formal
requirements of Sections 221-226 of the Municipal Government Act and be filed with the
Chief Administrative Officer within 15 days after the last date the proposed bylaw is advertised. Any petition
will be public information. If no petition is presented within the appropriate time, Council
may pass the borrowing bylaw.
If you have any questions regarding the bylaw or the petition process, please contact the
CAO at 403-747-2495.
Dated at the Village of Alix, in the Province of Alberta, this 6th day of December, 2017.
Michelle White, CAO
Village of Alix