Witnesses are expected to include law enforcement, firefighters, former Ghost Ship residents and survivors of the fire.

Tony Serra, the San Francisco attorney who is representing Derick Almena, said he does not plan to call any defense witnesses, which is typical in a preliminary hearing.

"This is an opportunity for us to have what we call 'discovery' of their major percipient witnesses," Serra said, "to explore their weaknesses, to explore their credibility, to explore their consistency to previous statements given."

Serra said he does plan to lay the groundwork for a defense that seeks to shift blame from Almena and Harris to other responsible parties.

"Countless times, law enforcement, the sheriff, the Oakland Police Department, the Fire Department, Child Protective Services, the inspectors of building -- they visited and they OK'd it by implication and by expression," Serra said. "This was going to be an exception to the rule. So we have to show that in the prelim that there is some responsibility with respect to law enforcement and other agencies."

Tony Serra outside a courtroom in Oakland. Serra is defending Derick Almena, who is charged with 36 counts of involuntary manslaughter. (Sukey Lewis/KQED)

Serra said he also plans to go after the building owner, Chor Ng. Serra said Ng and her agents had an obligation to keep the building up to code and they should be the ones facing criminal charges.

An investigation completed in June by the Oakland Fire Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Alameda County Arson Task Force failed to find the direct cause of the fire that killed 36 people. Curtis Briggs, Max Harris's attorney, said that's a weakness in the prosecution's case.

"It’s almost like trying a murder case without finding the body,” Briggs said.

The Alameda County District Attorney's Office declined to comment.

Alberto Vega and his aunt Esperanza Vega. Alberto lost his brother Alex in the Ghost Ship fire. He said he wants to make sure the right people are held responsible for his brother's death. — Alberto Vega and his aunt, Esperanza Vega. Alberto lost his brother, Alex, in the Ghost Ship fire. He said he wants to make sure the right people are held responsible for his brother's death. (Sukey Lewis/KQED )

Mary Vega said she wants justice for her son, but she is not sure yet what that will look like.

"I want somebody to say, 'I did it. I’m sorry,' " she said. "It’s not going to happen, but I just want closure."

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