Allan Fay, defence for Jason Klaus, said Joshua Frank’s allegations that he was sexually abused by Jason Klaus are false.
He agreed that Jason Klaus’s dad was “stern and domineering” and there was conflict in the family but said that doesn’t prove murder.
“Ought not to put too much emphasis on that.
“We can speculate all we want on their relationship deteriorating to the point where Mr. Klaus contemplated murder and there’s no evidence to support that.”
Klaus and Frank were arrested Aug. 15, 2014, for the Dec. 8, 2013, murders of Gordon Klaus, Sandra Klaus and Monica Klaus.
Fay said Jason Klaus didn’t go to police but he added that Jason told his aunt in Red Deer that Josh Frank killed his family but she didn’t go to police with that information.
“Did (she) armed with this knowledge of Joshua Frank go to the police? No she did not. Why? She told the court she was afraid something bad would happen to her. That’s the same thing Jason Klaus said why he didn’t go to police.”
He argued there’s evidence that Jason Klaus did tell his family about the forged cheques and they forgave him.
In response to Jason Klaus’s stories about spirit visits from his sister, Fay said, “It’s clear these spirit visitations are not something Jason Klaus fabricated out of thin air. Mr. Klaus firmly believes in spirits and the after life.”
He did, however, use this as an opportunity to point the finger at Joshua Frank in the hopes of leading police to him.
“To Mr. Klaus clearly it made sense at the time.”
Fay said that the RCMP’s undercover Mr. Big sting gave Jason Klaus “a dream,” that he could be a part of this fake crime organization and it was “his ticket to a healthy payday on a regular basis, a nice vehicle and a place to live… But more importantly, for Jason Klaus it would fill this void in his life. A void for companionship of male buddies… It’s clear that Jason Klaus wanted that badly.”
Fay said even though Jason Klaus’s blood was found on the snow near the burned farmhouse, it’s not known how long it was there and he didn’t have any evidence of cuts on himself after the murders.
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 Klaus framed Frank claims Frank’s lawyer