Ghost Ship Fire Defendant Derick Almena to Serve Sentence at Home
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acceptable, and I accept that responsibility,” Alameda County Superior Court Judge Trina Thompson said at the conclusion of an emotionally charged case that was first derailed by a hung jury in 2019, and then the pandemic.\u003c/p>\n\u003cp>Many of the victims' relatives had urged Thompson to reject a plea deal Almena had struck with prosecutors to avoid a second trial, calling it too lenient.\u003c/p>\n\u003cp>[aside link1=\"https://www.kqed.org/ghostshipmemorial,Honoring Those Lost to the Ghost Ship Fire\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/ghostshipmemorialmain-1020x574.jpg\"]Almena, 50, \u003ca href=\"https://www.kqed.org/news/tag/ghost-ship-trial\">pleaded guilty\u003c/a> in January to 36 counts of involuntary manslaughter in exchange for the 12-year sentence.\u003c/p>\n\u003cp>Because Almena received credit for time already spent behind bars while awaiting trial and for good behavior, he will spend the next one-and-a-half years at home with an ankle monitor. \u003c/p>\n\u003cp>“This lenient, slap-on-the-wrist sentence is vastly inappropriate for the crimes Derick Almena committed,” the family of fire victim Sarah Hoda said in a statement read to the court via teleconference, prior to the sentencing. “Upholding the DA’s irresponsible plea recommendation would shortchange 36 victims and their families.”\u003c/p>\n\u003cp>Emilie Grandchamps, the mother of victim Alex Ghassan, said Almena along with the warehouse’s owners and city agencies that are supposed to enforce regulations should be held accountable.\u003c/p>\n\u003cp>“I often ask, why was my son given a death sentence for being in the wrong place and at the wrong time and those responsible for his and 35 others’ death are given a second chance at life? I want my son’s death not to go in vain,” she said.\u003c/p>\n\u003cp>Thompson and prosecutors said they took into consideration the challenges of trying the case again, given the challenges of selecting jurors and calling witnesses who could face traveling during a pandemic, and because Almena admitted his guilt.\u003c/p>\n\u003cp>Almena apologized to the victims and said he was “sick with shame.”\u003c/p>\n\u003cp>\"My shame cannot stand as any defense against what I am responsible for. It is my fault, my terrible accumulation of error, that shaped and built a place so dangerous,” he said in a statement read to the court through his attorney, Tony Serra.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Prosecutors said Almena was criminally negligent when he illegally converted the industrial warehouse in Oakland’s Fruitvale neighborhood into a residence and event space for artists, dubbed the “Ghost Ship,” filling the building with flammable materials and extension cords. It had no smoke detectors or sprinklers.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/tag/ghost-ship-trial\">The inferno\u003c/a> broke out at the warehouse on the night of Dec. 2, 2016, during an electronic music party, trapping victims on the illegally constructed second floor. Prosecutors said the victims got no warning and had little chance to escape down a narrow, ramshackle staircase.\u003c/p>\n\u003cp>Family and friends of the victims packed Thompson's courtroom for months in 2019, becoming familiar faces to the judge, only to see a jury split on whether to convict Almena, who leased the building. At the same trial, the jury also found co-defendant Max Harris, who was the Ghost Ship’s “creative director” and rent collector, not guilty.\u003c/p>\n\u003cp>Last year, the Oakland City Council agreed to pay just over $33 million to settle civil lawsuits filed on behalf of the victims. The settlement included $23.5 million to families of 32 victims and $9.2 million to a survivor who suffers from “severe, lifelong injuries.”\u003c/p>\n\u003cp>Almena was also ordered to pay about $181,000 in restitution for funeral expenses and counseling. A restitution hearing will be held April 30.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Almena, the master tenant of the Oakland warehouse, who pleaded guilty in January to 36 counts of involuntary manslaughter, can serve the remainder of his nine-year sentence under house arrest with a GPS monitor and will then be on probation for three more years.","status":"publish","parent":0,"modified":1615314315,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":703},"headData":{"title":"Ghost Ship Fire Defendant Derick Almena to Serve Sentence at Home | KQED","description":"Almena, the master tenant of the Oakland warehouse, who pleaded guilty in January to 36 counts of involuntary manslaughter, can serve the remainder of his nine-year sentence under house arrest with a GPS monitor and will then be on probation for three more years.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11863824 https://ww2.kqed.org/news/?p=11863824","disqusUrl":"https://ww2.kqed.org/news/2021/03/08/ghost-ship-fire-defendant-derick-almena-to-serve-sentence-at-home/","disqusTitle":"Ghost Ship Fire Defendant Derick Almena to Serve Sentence at Home","nprByline":"Daisy Nguyen\u003cbr>Associated Press ","path":"/news/11863824/ghost-ship-fire-defendant-derick-almena-to-serve-sentence-at-home","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Derick Almena, the master tenant of the Ghost Ship warehouse in Oakland that caught fire during a music event in 2016, killing 36 people, received a 12-year sentence Monday, although he is unlikely to spend more time behind bars.\u003c/p>\n\u003cp>Already on house arrest after being released from jail last year because of coronavirus concerns, Almena was ordered to serve the rest of his term at home under electronic monitoring, followed by three years of probation.\u003c/p>\n\u003cp>“I know that no family member will find this in any way acceptable, and I accept that responsibility,” Alameda County Superior Court Judge Trina Thompson said at the conclusion of an emotionally charged case that was first derailed by a hung jury in 2019, and then the pandemic.\u003c/p>\n\u003cp>Many of the victims' relatives had urged Thompson to reject a plea deal Almena had struck with prosecutors to avoid a second trial, calling it too lenient.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"link1":"https://www.kqed.org/ghostshipmemorial,Honoring Those Lost to the Ghost Ship Fire","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/01/ghostshipmemorialmain-1020x574.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Almena, 50, \u003ca href=\"https://www.kqed.org/news/tag/ghost-ship-trial\">pleaded guilty\u003c/a> in January to 36 counts of involuntary manslaughter in exchange for the 12-year sentence.\u003c/p>\n\u003cp>Because Almena received credit for time already spent behind bars while awaiting trial and for good behavior, he will spend the next one-and-a-half years at home with an ankle monitor. \u003c/p>\n\u003cp>“This lenient, slap-on-the-wrist sentence is vastly inappropriate for the crimes Derick Almena committed,” the family of fire victim Sarah Hoda said in a statement read to the court via teleconference, prior to the sentencing. “Upholding the DA’s irresponsible plea recommendation would shortchange 36 victims and their families.”\u003c/p>\n\u003cp>Emilie Grandchamps, the mother of victim Alex Ghassan, said Almena along with the warehouse’s owners and city agencies that are supposed to enforce regulations should be held accountable.\u003c/p>\n\u003cp>“I often ask, why was my son given a death sentence for being in the wrong place and at the wrong time and those responsible for his and 35 others’ death are given a second chance at life? I want my son’s death not to go in vain,” she said.\u003c/p>\n\u003cp>Thompson and prosecutors said they took into consideration the challenges of trying the case again, given the challenges of selecting jurors and calling witnesses who could face traveling during a pandemic, and because Almena admitted his guilt.\u003c/p>\n\u003cp>Almena apologized to the victims and said he was “sick with shame.”\u003c/p>\n\u003cp>\"My shame cannot stand as any defense against what I am responsible for. It is my fault, my terrible accumulation of error, that shaped and built a place so dangerous,” he said in a statement read to the court through his attorney, Tony Serra.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Prosecutors said Almena was criminally negligent when he illegally converted the industrial warehouse in Oakland’s Fruitvale neighborhood into a residence and event space for artists, dubbed the “Ghost Ship,” filling the building with flammable materials and extension cords. It had no smoke detectors or sprinklers.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/tag/ghost-ship-trial\">The inferno\u003c/a> broke out at the warehouse on the night of Dec. 2, 2016, during an electronic music party, trapping victims on the illegally constructed second floor. Prosecutors said the victims got no warning and had little chance to escape down a narrow, ramshackle staircase.\u003c/p>\n\u003cp>Family and friends of the victims packed Thompson's courtroom for months in 2019, becoming familiar faces to the judge, only to see a jury split on whether to convict Almena, who leased the building. At the same trial, the jury also found co-defendant Max Harris, who was the Ghost Ship’s “creative director” and rent collector, not guilty.\u003c/p>\n\u003cp>Last year, the Oakland City Council agreed to pay just over $33 million to settle civil lawsuits filed on behalf of the victims. The settlement included $23.5 million to families of 32 victims and $9.2 million to a survivor who suffers from “severe, lifelong injuries.”\u003c/p>\n\u003cp>Almena was also ordered to pay about $181,000 in restitution for funeral expenses and counseling. A restitution hearing will be held April 30.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11863824/ghost-ship-fire-defendant-derick-almena-to-serve-sentence-at-home","authors":["byline_news_11863824"],"categories":["news_6188","news_8"],"tags":["news_21915","news_20259","news_20258","news_25388"],"featImg":"news_11772673","label":"news"},"news_11856669":{"type":"posts","id":"news_11856669","meta":{"index":"posts_1591205157","site":"news","id":"11856669","score":null,"sort":[1611355693000]},"guestAuthors":[],"slug":"ghost-ship-fire-defendant-derick-almena-pleads-guilty-to-deaths-of-36-people","title":"Ghost Ship Fire Defendant Derick Almena Pleads Guilty to Deaths of 36 People","publishDate":1611355693,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The master tenant of an Oakland warehouse where 36 people perished when a \u003ca href=\"https://www.kqed.org/news/tag/ghost-ship-trial\">fire ignited during a 2016 music event\u003c/a> pleaded guilty Friday to the deaths, avoiding a second trial after the first ended in a hung jury.\u003c/p>\n\u003cp>Derick Almena, 50, pleaded guilty to 36 counts of involuntary manslaughter in exchange for a 12-year sentence. Already free on bail, Almena likely won't return to jail because of the nearly three years he already spent behind bars and credit for good behavior.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Colleen Dolan, mother Chelsea Faith Dolan, a Ghost Ship fire victim\"]'I didn't know I would feel as strongly as I did, but because of this feeble plea bargain, all of that sorrow has been dredged up again.'[/pullquote]Alameda County Superior Court Judge Trina Thompson read each count with the name of each victim. When she asked Almena his plea for each charge, he answered “guilty,” but his quiet responses were sometimes inaudible through an online stream of the hearing held virtually because of the coronavirus pandemic.\u003c/p>\n\u003cp>Thompson scheduled sentencing for March 8, when she will determine whether Almena will pay restitution, continue to be monitored electronically at his home in rural Northern California, and be subject to supervised probation. Families of the victims will also be allowed to give victim impact statements at that time.\u003c/p>\n\u003cp>Prosecutors say Almena was criminally negligent when he illegally converted the industrial warehouse in Oakland's Fruitvale neighborhood into a residence and event space for artists, dubbed the “Ghost Ship,\" stuffing the two-story building with flammable materials and extension cords. It had no smoke detectors or sprinklers.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Dec. 2, 2016 inferno broke out at the warehouse during an electronic music event, trapping victims on the illegally constructed second floor. Prosecutors said the victims got no warning and had little chance to escape down a narrow, ramshackle staircase.\u003c/p>\n\u003cp>The case has been emotionally wrenching for family and friends of the victims. Many of them packed a courtroom for months in 2019, only to see a jury split on whether to convict Almena, who leased the building. At the same trial, the jury also found co-defendant Max Harris, who was the Ghost Ship's “creative director” and rent collector, not guilty.\u003c/p>\n\u003cp>Almena had been jailed since 2017 until he was \u003ca href=\"https://www.kqed.org/news/11816247/ghost-ship-fire-defendant-derick-almena-released-on-bail-over-coronavirus-concerns\">released in May\u003c/a> because of coronavirus concerns and after posting a $150,000 bail bond. He is currently on house arrest with an ankle monitor in the city of Upper Lake, where he lives with his wife and children.\u003c/p>\n\u003cp>Colleen Dolan, mother of fire victim Chelsea Faith Dolan, said that victims' families were only very recently informed of the plea deal possibility, and called the sentence much too light.\u003c/p>\n\u003cp>\"I was far more emotional than I thought I would be,\" she said of the hearing. \"We had to listen to each of the names read aloud, and then each name was followed by the word 'guilty,'\" she said. \"My Chelsea Faith Dolan was number 16 and when her name was read aloud, I couldn't help it. I mean, the tears just started falling. I didn't know I would feel as strongly as I did, but because of this feeble plea bargain, all of that sorrow has been dredged up again.\"\u003c/p>\n\u003cp>[aside link1=\"https://www.kqed.org/ghostshipmemorial,Honoring Those Lost to the Ghost Ship Fire\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/ghostshipmemorialmain-1020x574.jpg\"]Almena, she said, gets to carry out his sentence at home with his family.\u003c/p>\n\u003cp>\"He can write or draw, you know, whatever he likes to do in a quiet retreat,\" she said. \"While we continue to mourn the loss of, you know, for me, my child, for others, their friends or their spouses. It isn't just. It isn't right.\"\u003c/p>\n\u003cp>David Bernbaum, whose brother Jonathan was killed in the fire, said he received news of the plea deal with very mixed emotions.\u003c/p>\n\u003cp>\"On the one hand, I have so much anger towards him and his narcissism and his sociopathy. There's so much that I'll never forgive him for,\" Bernbaum said. \"On the other hand, being in the community of people that live in really marginalized and often trivialized and sometimes persecuted situations, it's really hard for me to be excited about anybody going to prison.\"\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"ghost-ship\"]Many people see Almena as a \"monster,\" and for good reason, Bernbaum said.\u003c/p>\n\u003cp>\"It seems the fire that our family and friends perished in was an inevitable product of a person with so much disregard for the safety needs of those around him,\" he said.\u003c/p>\n\u003cp>But looking beyond just Almena, he said, this crisis was in many ways a cruel and avoidable repercussion of the Bay Area's housing crisis.\u003c/p>\n\u003cp>\"A monster needs a weakness to take advantage of, and that weakness, and his ability to prey on people who wanted the kind of community that he was offering — that was built on a foundation that was literally on fire — all of that was a powerful [symbol] of the affordable housing crisis that the Bay Area has been experiencing,\" Bernbaum said.\u003c/p>\n\u003cp>\"If people that were part of the underground or part of the arts community weren't so desperate for a place to live and to congregate in and to create and to have parties, then we wouldn't have found our friends going and knocking on the door of somebody that everyone knew was an unstable monster.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Erin Baldassari and the Associated Press's Daisy Nguyen contributed to this story.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Almena, 50, the master tenant of the warehouse, pleaded guilty to 36 counts of involuntary manslaughter in exchange for a 12-year sentence. Already free on bail, he likely won't return to jail because of the nearly three years he already spent behind bars and credit for good behavior.","status":"publish","parent":0,"modified":1611359782,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":950},"headData":{"title":"Ghost Ship Fire Defendant Derick Almena Pleads Guilty to Deaths of 36 People | KQED","description":"Almena, 50, the master tenant of the warehouse, pleaded guilty to 36 counts of involuntary manslaughter in exchange for a 12-year sentence. Already free on bail, he likely won't return to jail because of the nearly three years he already spent behind bars and credit for good behavior.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11856669 https://ww2.kqed.org/news/?p=11856669","disqusUrl":"https://ww2.kqed.org/news/2021/01/22/ghost-ship-fire-defendant-derick-almena-pleads-guilty-to-deaths-of-36-people/","disqusTitle":"Ghost Ship Fire Defendant Derick Almena Pleads Guilty to Deaths of 36 People","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2021/01/BaldassariAlmenaPlea.mp3","path":"/news/11856669/ghost-ship-fire-defendant-derick-almena-pleads-guilty-to-deaths-of-36-people","audioDuration":62000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The master tenant of an Oakland warehouse where 36 people perished when a \u003ca href=\"https://www.kqed.org/news/tag/ghost-ship-trial\">fire ignited during a 2016 music event\u003c/a> pleaded guilty Friday to the deaths, avoiding a second trial after the first ended in a hung jury.\u003c/p>\n\u003cp>Derick Almena, 50, pleaded guilty to 36 counts of involuntary manslaughter in exchange for a 12-year sentence. Already free on bail, Almena likely won't return to jail because of the nearly three years he already spent behind bars and credit for good behavior.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I didn't know I would feel as strongly as I did, but because of this feeble plea bargain, all of that sorrow has been dredged up again.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Colleen Dolan, mother Chelsea Faith Dolan, a Ghost Ship fire victim","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Alameda County Superior Court Judge Trina Thompson read each count with the name of each victim. When she asked Almena his plea for each charge, he answered “guilty,” but his quiet responses were sometimes inaudible through an online stream of the hearing held virtually because of the coronavirus pandemic.\u003c/p>\n\u003cp>Thompson scheduled sentencing for March 8, when she will determine whether Almena will pay restitution, continue to be monitored electronically at his home in rural Northern California, and be subject to supervised probation. Families of the victims will also be allowed to give victim impact statements at that time.\u003c/p>\n\u003cp>Prosecutors say Almena was criminally negligent when he illegally converted the industrial warehouse in Oakland's Fruitvale neighborhood into a residence and event space for artists, dubbed the “Ghost Ship,\" stuffing the two-story building with flammable materials and extension cords. It had no smoke detectors or sprinklers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Dec. 2, 2016 inferno broke out at the warehouse during an electronic music event, trapping victims on the illegally constructed second floor. Prosecutors said the victims got no warning and had little chance to escape down a narrow, ramshackle staircase.\u003c/p>\n\u003cp>The case has been emotionally wrenching for family and friends of the victims. Many of them packed a courtroom for months in 2019, only to see a jury split on whether to convict Almena, who leased the building. At the same trial, the jury also found co-defendant Max Harris, who was the Ghost Ship's “creative director” and rent collector, not guilty.\u003c/p>\n\u003cp>Almena had been jailed since 2017 until he was \u003ca href=\"https://www.kqed.org/news/11816247/ghost-ship-fire-defendant-derick-almena-released-on-bail-over-coronavirus-concerns\">released in May\u003c/a> because of coronavirus concerns and after posting a $150,000 bail bond. He is currently on house arrest with an ankle monitor in the city of Upper Lake, where he lives with his wife and children.\u003c/p>\n\u003cp>Colleen Dolan, mother of fire victim Chelsea Faith Dolan, said that victims' families were only very recently informed of the plea deal possibility, and called the sentence much too light.\u003c/p>\n\u003cp>\"I was far more emotional than I thought I would be,\" she said of the hearing. \"We had to listen to each of the names read aloud, and then each name was followed by the word 'guilty,'\" she said. \"My Chelsea Faith Dolan was number 16 and when her name was read aloud, I couldn't help it. I mean, the tears just started falling. I didn't know I would feel as strongly as I did, but because of this feeble plea bargain, all of that sorrow has been dredged up again.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"link1":"https://www.kqed.org/ghostshipmemorial,Honoring Those Lost to the Ghost Ship Fire","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/01/ghostshipmemorialmain-1020x574.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Almena, she said, gets to carry out his sentence at home with his family.\u003c/p>\n\u003cp>\"He can write or draw, you know, whatever he likes to do in a quiet retreat,\" she said. \"While we continue to mourn the loss of, you know, for me, my child, for others, their friends or their spouses. It isn't just. It isn't right.\"\u003c/p>\n\u003cp>David Bernbaum, whose brother Jonathan was killed in the fire, said he received news of the plea deal with very mixed emotions.\u003c/p>\n\u003cp>\"On the one hand, I have so much anger towards him and his narcissism and his sociopathy. There's so much that I'll never forgive him for,\" Bernbaum said. \"On the other hand, being in the community of people that live in really marginalized and often trivialized and sometimes persecuted situations, it's really hard for me to be excited about anybody going to prison.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"ghost-ship"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Many people see Almena as a \"monster,\" and for good reason, Bernbaum said.\u003c/p>\n\u003cp>\"It seems the fire that our family and friends perished in was an inevitable product of a person with so much disregard for the safety needs of those around him,\" he said.\u003c/p>\n\u003cp>But looking beyond just Almena, he said, this crisis was in many ways a cruel and avoidable repercussion of the Bay Area's housing crisis.\u003c/p>\n\u003cp>\"A monster needs a weakness to take advantage of, and that weakness, and his ability to prey on people who wanted the kind of community that he was offering — that was built on a foundation that was literally on fire — all of that was a powerful [symbol] of the affordable housing crisis that the Bay Area has been experiencing,\" Bernbaum said.\u003c/p>\n\u003cp>\"If people that were part of the underground or part of the arts community weren't so desperate for a place to live and to congregate in and to create and to have parties, then we wouldn't have found our friends going and knocking on the door of somebody that everyone knew was an unstable monster.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Erin Baldassari and the Associated Press's Daisy Nguyen contributed to this story.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11856669/ghost-ship-fire-defendant-derick-almena-pleads-guilty-to-deaths-of-36-people","authors":["237"],"categories":["news_6188","news_8"],"tags":["news_21915","news_20259","news_20258","news_25388"],"featImg":"news_11764057","label":"news"},"news_11829346":{"type":"posts","id":"news_11829346","meta":{"index":"posts_1591205157","site":"news","id":"11829346","score":null,"sort":[1594952397000]},"guestAuthors":[],"slug":"oakland-to-pay-32-7m-to-settle-deadly-warehouse-fire-suits","title":"Oakland to Pay $32.7M to Settle Deadly Warehouse Fire Suits","publishDate":1594952397,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Oakland will pay $32.7 million to settle lawsuits filed over a 2016 fire at an illegally converted warehouse dubbed the Ghost Ship that killed 36 people, the city announced Thursday.\u003c/p>\n\u003cp>The City Council authorized settlements of lawsuits filed by the families of 32 victims. The amount also includes more than $9 million for Sam Maxwell, who survived the blaze but \"will live with severe, lifelong injuries and major medical expenses,\" a city statement said.\u003c/p>\n\u003cp>\"This was a horrific tragedy that deeply impacted every corner of our community,\" said the statement from the city attorney's office.\u003c/p>\n\u003cp>The settlement is one of the largest in city history but Paul Matiasic, an attorney for five families, called it \"insignificant.\"\u003c/p>\n\u003cp>\"There's no amount of money in the world that can bring their loved ones back,\" he told the \u003ca href=\"https://www.eastbaytimes.com/2020/07/16/city-of-oakland-settles-ghost-ship-lawsuit-for-32-7-million/\">East Bay Times\u003c/a>. His clients contended the city was negligent and should have red-tagged the building.\u003c/p>\n\u003cp>The city doesn't acknowledge any liability in the agreement but decided to settle because of the possible legal costs, the statement said. [aside tag=\"ghost-ship-trial\" label=\"more coverage\"]\u003c/p>\n\u003cp>The settlement does not include about a dozen people who lived at the warehouse and were a part of the lawsuit, attorney Mary Alexander told the newspaper.\u003c/p>\n\u003cp>\"These people are like wildfire victims, they had to run for their lives through smoke and flames and lost their homes, many of them displaced for a long time,\" Alexander said.\u003c/p>\n\u003cp>On Dec. 2, 2016, fire swept through the warehouse during an electronic music party. The industrial building had illegally been turned into a residence for artists and an event venue.\u003c/p>\n\u003cp>The building was packed with furniture, extension cords and other flammable material but had only two exits and no smoke detectors, fire alarms or sprinklers, authorities said.\u003c/p>\n\u003cp>Prosecutors contend that Derick Almena, the master tenant on the warehouse lease, was criminally negligent when he converted and sublet the space. They charged him with 36 counts of involuntary manslaughter but a judge declared a mistrial last fall. His retrial is scheduled for October.\u003c/p>\n\u003cp>The blaze killed many young people trapped on the illegally constructed second floor. Prosecutors said the victims received no warning and had little chance to escape down a narrow, ramshackle staircase.\u003c/p>\n\u003cp>The cause of the fire hasn't been determined, although some lawsuits said there were serious electrical problems with the building.\u003c/p>\n\u003cp>Almena's attorneys argued city workers were to blame for not raising concerns about fire hazards in the warehouse. City officials had said the building hadn't been inspected for three decades, and when inspectors did visit the site in November 2016, they were unable to enter to investigate a report of illegal construction. [ad fullwidth]\u003c/p>\n\u003cp>Almena, who had been jailed since 2017, \u003ca href=\"https://www.kqed.org/news/11816247/ghost-ship-fire-defendant-derick-almena-released-on-bail-over-coronavirus-concerns\">was released earlier this year\u003c/a> over coronavirus concerns after dozens of cases were reported at the facility where he was held. He is confined to home without written court approval.\u003c/p>\n\u003cp>A co-defendant, Max Harris, was acquitted of involuntary manslaughter charges last year and no longer lives in the state.\u003c/p>\n\u003cp>The building's owner, Chor Ng, wasn't charged with a crime.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The money will go to families of 32 victims and to one survivor who was badly injured. The city calls the blaze \"a horrific tragedy\" but doesn't acknowledge any liability in the settlement.","status":"publish","parent":0,"modified":1594952397,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":522},"headData":{"title":"Oakland to Pay $32.7M to Settle Deadly Warehouse Fire Suits | KQED","description":"The money will go to families of 32 victims and to one survivor who was badly injured. The city calls the blaze "a horrific tragedy" but doesn't acknowledge any liability in the settlement.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11829346 https://ww2.kqed.org/news/?p=11829346","disqusUrl":"https://ww2.kqed.org/news/2020/07/16/oakland-to-pay-32-7m-to-settle-deadly-warehouse-fire-suits/","disqusTitle":"Oakland to Pay $32.7M to Settle Deadly Warehouse Fire Suits","nprByline":"\u003ca href=\"https://apnews.com\">The Associated Press\u003c/a>","path":"/news/11829346/oakland-to-pay-32-7m-to-settle-deadly-warehouse-fire-suits","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Oakland will pay $32.7 million to settle lawsuits filed over a 2016 fire at an illegally converted warehouse dubbed the Ghost Ship that killed 36 people, the city announced Thursday.\u003c/p>\n\u003cp>The City Council authorized settlements of lawsuits filed by the families of 32 victims. The amount also includes more than $9 million for Sam Maxwell, who survived the blaze but \"will live with severe, lifelong injuries and major medical expenses,\" a city statement said.\u003c/p>\n\u003cp>\"This was a horrific tragedy that deeply impacted every corner of our community,\" said the statement from the city attorney's office.\u003c/p>\n\u003cp>The settlement is one of the largest in city history but Paul Matiasic, an attorney for five families, called it \"insignificant.\"\u003c/p>\n\u003cp>\"There's no amount of money in the world that can bring their loved ones back,\" he told the \u003ca href=\"https://www.eastbaytimes.com/2020/07/16/city-of-oakland-settles-ghost-ship-lawsuit-for-32-7-million/\">East Bay Times\u003c/a>. His clients contended the city was negligent and should have red-tagged the building.\u003c/p>\n\u003cp>The city doesn't acknowledge any liability in the agreement but decided to settle because of the possible legal costs, the statement said. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"ghost-ship-trial","label":"more coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The settlement does not include about a dozen people who lived at the warehouse and were a part of the lawsuit, attorney Mary Alexander told the newspaper.\u003c/p>\n\u003cp>\"These people are like wildfire victims, they had to run for their lives through smoke and flames and lost their homes, many of them displaced for a long time,\" Alexander said.\u003c/p>\n\u003cp>On Dec. 2, 2016, fire swept through the warehouse during an electronic music party. The industrial building had illegally been turned into a residence for artists and an event venue.\u003c/p>\n\u003cp>The building was packed with furniture, extension cords and other flammable material but had only two exits and no smoke detectors, fire alarms or sprinklers, authorities said.\u003c/p>\n\u003cp>Prosecutors contend that Derick Almena, the master tenant on the warehouse lease, was criminally negligent when he converted and sublet the space. They charged him with 36 counts of involuntary manslaughter but a judge declared a mistrial last fall. His retrial is scheduled for October.\u003c/p>\n\u003cp>The blaze killed many young people trapped on the illegally constructed second floor. Prosecutors said the victims received no warning and had little chance to escape down a narrow, ramshackle staircase.\u003c/p>\n\u003cp>The cause of the fire hasn't been determined, although some lawsuits said there were serious electrical problems with the building.\u003c/p>\n\u003cp>Almena's attorneys argued city workers were to blame for not raising concerns about fire hazards in the warehouse. City officials had said the building hadn't been inspected for three decades, and when inspectors did visit the site in November 2016, they were unable to enter to investigate a report of illegal construction. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Almena, who had been jailed since 2017, \u003ca href=\"https://www.kqed.org/news/11816247/ghost-ship-fire-defendant-derick-almena-released-on-bail-over-coronavirus-concerns\">was released earlier this year\u003c/a> over coronavirus concerns after dozens of cases were reported at the facility where he was held. He is confined to home without written court approval.\u003c/p>\n\u003cp>A co-defendant, Max Harris, was acquitted of involuntary manslaughter charges last year and no longer lives in the state.\u003c/p>\n\u003cp>The building's owner, Chor Ng, wasn't charged with a crime.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11829346/oakland-to-pay-32-7m-to-settle-deadly-warehouse-fire-suits","authors":["byline_news_11829346"],"categories":["news_6188","news_8"],"tags":["news_21915","news_20259","news_20258","news_25388","news_18"],"featImg":"news_11829354","label":"news"},"news_11816247":{"type":"posts","id":"news_11816247","meta":{"index":"posts_1591205157","site":"news","id":"11816247","score":null,"sort":[1588698038000]},"guestAuthors":[],"slug":"ghost-ship-fire-defendant-derick-almena-released-on-bail-over-coronavirus-concerns","title":"Ghost Ship Fire Defendant Derick Almena Released on Bail Over Coronavirus Concerns","publishDate":1588698038,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Derick Almena, the man charged with 36 counts of involuntary manslaughter for the deaths of three dozen people in a 2016 fire that burned through a converted Oakland warehouse known as the Ghost Ship, was released from jail Monday over coronavirus concerns.\u003c/p>\n\u003cp>Almena, who's been behind bars since 2017, was released after a court hearing by phone, the Alameda County Sheriff's Office said. He will be under electronic monitoring while he awaits his retrial.\u003c/p>\n\u003cp>Prosecutors allege Almena, who was the master tenant on the Ghost Ship's lease, was criminally negligent when he turned the industrial building into a residence for artists and held events without proper permits.\u003c/p>\n\u003cp>The building was packed with furniture, extension cords and other flammable material but had only two exits and no smoke detectors, fire alarms or sprinklers, prosecutors say.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A jury \u003ca href=\"https://www.kqed.org/news/11764921/ghost-ship-defendant-max-harris-acquitted-of-all-charges-jury-hung-on-derick-almena\">deadlocked on the charges against Almena in September\u003c/a>, and a new trial has been scheduled for July. His co-defendant, Max Harris, was acquitted of the same charges.\u003c/p>\n\u003cp>[aside postID=news_11777745 hero='https://ww2.kqed.org/app/uploads/sites/10/2019/06/RS37743__DSC0984-qut-1020x681.jpg']\u003c/p>\n\u003cp>At least 35 confirmed cases of COVID-19 have been reported at the Santa Rita Jail where Almena was held. According to his attorneys, a report by jail medical staff said Almena's psychological and physical health were in jeopardy.\u003c/p>\n\u003cp>Almena was released in the rural community of Upper Lake, where his wife and children live. He is banned from contacting relatives of victims or witnesses. He cannot leave home unless a court gives written approval, and any violation can send him back to jail.\u003c/p>\n\u003cp>Almena posted $150,000 bail last month, and officials verified where he is staying Monday, the last step for his release, the newspaper reported.\u003c/p>\n\u003cp>Jails and prisons in California and across the U.S. have released inmates in response to the pandemic, with crowded quarters and a lack of protective equipment making it ripe for the virus to spread behind bars.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Almena, who's been behind bars since 2017, was released after a court hearing by phone, the Alameda County Sheriff's Office said. He will be under electronic monitoring while he awaits his retrial.","status":"publish","parent":0,"modified":1588705644,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":12,"wordCount":333},"headData":{"title":"Ghost Ship Fire Defendant Derick Almena Released on Bail Over Coronavirus Concerns | KQED","description":"Almena, who's been behind bars since 2017, was released after a court hearing by phone, the Alameda County Sheriff's Office said. He will be under electronic monitoring while he awaits his retrial.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11816247 https://ww2.kqed.org/news/?p=11816247","disqusUrl":"https://ww2.kqed.org/news/2020/05/05/ghost-ship-fire-defendant-derick-almena-released-on-bail-over-coronavirus-concerns/","disqusTitle":"Ghost Ship Fire Defendant Derick Almena Released on Bail Over Coronavirus Concerns","nprByline":"The Associated Press","path":"/news/11816247/ghost-ship-fire-defendant-derick-almena-released-on-bail-over-coronavirus-concerns","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Derick Almena, the man charged with 36 counts of involuntary manslaughter for the deaths of three dozen people in a 2016 fire that burned through a converted Oakland warehouse known as the Ghost Ship, was released from jail Monday over coronavirus concerns.\u003c/p>\n\u003cp>Almena, who's been behind bars since 2017, was released after a court hearing by phone, the Alameda County Sheriff's Office said. He will be under electronic monitoring while he awaits his retrial.\u003c/p>\n\u003cp>Prosecutors allege Almena, who was the master tenant on the Ghost Ship's lease, was criminally negligent when he turned the industrial building into a residence for artists and held events without proper permits.\u003c/p>\n\u003cp>The building was packed with furniture, extension cords and other flammable material but had only two exits and no smoke detectors, fire alarms or sprinklers, prosecutors say.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A jury \u003ca href=\"https://www.kqed.org/news/11764921/ghost-ship-defendant-max-harris-acquitted-of-all-charges-jury-hung-on-derick-almena\">deadlocked on the charges against Almena in September\u003c/a>, and a new trial has been scheduled for July. His co-defendant, Max Harris, was acquitted of the same charges.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11777745","hero":"https://ww2.kqed.org/app/uploads/sites/10/2019/06/RS37743__DSC0984-qut-1020x681.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>At least 35 confirmed cases of COVID-19 have been reported at the Santa Rita Jail where Almena was held. According to his attorneys, a report by jail medical staff said Almena's psychological and physical health were in jeopardy.\u003c/p>\n\u003cp>Almena was released in the rural community of Upper Lake, where his wife and children live. He is banned from contacting relatives of victims or witnesses. He cannot leave home unless a court gives written approval, and any violation can send him back to jail.\u003c/p>\n\u003cp>Almena posted $150,000 bail last month, and officials verified where he is staying Monday, the last step for his release, the newspaper reported.\u003c/p>\n\u003cp>Jails and prisons in California and across the U.S. have released inmates in response to the pandemic, with crowded quarters and a lack of protective equipment making it ripe for the virus to spread behind bars.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11816247/ghost-ship-fire-defendant-derick-almena-released-on-bail-over-coronavirus-concerns","authors":["byline_news_11816247"],"categories":["news_223","news_6188","news_8"],"tags":["news_27350","news_27504","news_21915","news_20259","news_20258","news_25388","news_21568"],"featImg":"news_11772673","label":"news"},"news_11811498":{"type":"posts","id":"news_11811498","meta":{"index":"posts_1591205157","site":"news","id":"11811498","score":null,"sort":[1586410214000]},"guestAuthors":[],"slug":"ghost-ship-fire-defendant-derick-almena-could-be-released-from-jail-due-to-coronavirus-outbreak","title":"Ghost Ship Fire Defendant, Derick Almena, Could Be Released From Jail Due to Coronavirus Outbreak","publishDate":1586410214,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>The man charged with manslaughter in the Ghost Ship warehouse fire that killed 36 partygoers in Oakland may be released from jail because of the coronavirus outbreak.\u003c/p>\n\u003cp>Officials said Wednesday that Alameda County Superior Court Judge Trina Thompson told attorneys that she intends to release Derick Almena from custody at Santa Rita Jail in Dublin and place him in an electronic monitoring program while he awaits retrial. \u003c/p>\n\u003cp>Almena’s attorney, Tony Serra, told the \u003ca href=\"https://www.mercurynews.com/2020/04/08/ghost-ship-defendant-derick-almena-likely-to-be-released-from-jail-attorney-says/\">San Jose Mercury News\u003c/a> that there is a “strong” possibility that officials will release his client.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Almena, 49, has been jailed since 2017. He is charged with 36 counts of involuntary manslaughter in connection with the Dec. 2, 2016, fire that broke out during an electronic music party at the Ghost Ship warehouse in Oakland. Prosecutors allege Almena, who was the master tenant on the lease, was criminally negligent when he illegally converted the industrial building into a residence for artists and held unpermitted events inside.\u003c/p>\n\u003cp>The building was packed with furniture, extension cords and other flammable material but had only two exits and no smoke detectors, fire alarms or sprinklers, prosecutors say.\u003c/p>\n\u003cp>[aside label=\"More related stories\" tag=\"ghost-ship-trial\"]\u003c/p>\n\u003cp>A jury deadlocked on the charges in September and a new trial is scheduled for July. His co-defendant, Max Harris, was acquitted of the same charges.\u003c/p>\n\u003cp>Almena is scheduled for a court teleconference on Friday and could be released as early as this weekend, probably to house arrest, Vincent Barrientos, one of his defense lawyers, told the \u003ca href=\"https://www.sfchronicle.com/crime/article/Coronavirus-court-order-Judge-decides-to-release-15188482.php\">San Francisco Chronicle\u003c/a>.\u003c/p>\n\u003cp>Eleven cases of COVID-19 have been reported at the Santa Rita Jail. In a report, jail medical staff said Almena’s psychological, physiological and physical health were in jeopardy behind bars, Barrientos said.\u003c/p>\n\u003cp>Teresa Drenick of the Alameda County District Attorney’s Office said prosecutors have opposed releasing Almena and will seek a court order barring Almena from contacting witnesses or victims in the case.\u003c/p>\n\u003cp>“We strongly disagree with the court’s decision,” Drenick said.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Officials said Wednesday that Alameda County Superior Court Judge Trina Thompson told attorneys that she intends to release Derick Almena from custody and place him in an electronic monitoring program while he awaits retrial.","status":"publish","parent":0,"modified":1586462566,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":343},"headData":{"title":"Ghost Ship Fire Defendant, Derick Almena, Could Be Released From Jail Due to Coronavirus Outbreak | KQED","description":"A Superior Court judge said she intends to release Ghost Ship fire defendant Derick Almena and place him in an electronic monitoring program while he awaits retrial.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11811498 https://ww2.kqed.org/news/?p=11811498","disqusUrl":"https://ww2.kqed.org/news/2020/04/08/ghost-ship-fire-defendant-derick-almena-could-be-released-from-jail-due-to-coronavirus-outbreak/","disqusTitle":"Ghost Ship Fire Defendant, Derick Almena, Could Be Released From Jail Due to Coronavirus Outbreak","source":"Coronavirus","sourceUrl":"https://www.kqed.org/coronavirus","nprByline":"The Associated Press","path":"/news/11811498/ghost-ship-fire-defendant-derick-almena-could-be-released-from-jail-due-to-coronavirus-outbreak","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The man charged with manslaughter in the Ghost Ship warehouse fire that killed 36 partygoers in Oakland may be released from jail because of the coronavirus outbreak.\u003c/p>\n\u003cp>Officials said Wednesday that Alameda County Superior Court Judge Trina Thompson told attorneys that she intends to release Derick Almena from custody at Santa Rita Jail in Dublin and place him in an electronic monitoring program while he awaits retrial. \u003c/p>\n\u003cp>Almena’s attorney, Tony Serra, told the \u003ca href=\"https://www.mercurynews.com/2020/04/08/ghost-ship-defendant-derick-almena-likely-to-be-released-from-jail-attorney-says/\">San Jose Mercury News\u003c/a> that there is a “strong” possibility that officials will release his client.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Almena, 49, has been jailed since 2017. He is charged with 36 counts of involuntary manslaughter in connection with the Dec. 2, 2016, fire that broke out during an electronic music party at the Ghost Ship warehouse in Oakland. Prosecutors allege Almena, who was the master tenant on the lease, was criminally negligent when he illegally converted the industrial building into a residence for artists and held unpermitted events inside.\u003c/p>\n\u003cp>The building was packed with furniture, extension cords and other flammable material but had only two exits and no smoke detectors, fire alarms or sprinklers, prosecutors say.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More related stories ","tag":"ghost-ship-trial"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A jury deadlocked on the charges in September and a new trial is scheduled for July. His co-defendant, Max Harris, was acquitted of the same charges.\u003c/p>\n\u003cp>Almena is scheduled for a court teleconference on Friday and could be released as early as this weekend, probably to house arrest, Vincent Barrientos, one of his defense lawyers, told the \u003ca href=\"https://www.sfchronicle.com/crime/article/Coronavirus-court-order-Judge-decides-to-release-15188482.php\">San Francisco Chronicle\u003c/a>.\u003c/p>\n\u003cp>Eleven cases of COVID-19 have been reported at the Santa Rita Jail. In a report, jail medical staff said Almena’s psychological, physiological and physical health were in jeopardy behind bars, Barrientos said.\u003c/p>\n\u003cp>Teresa Drenick of the Alameda County District Attorney’s Office said prosecutors have opposed releasing Almena and will seek a court order barring Almena from contacting witnesses or victims in the case.\u003c/p>\n\u003cp>“We strongly disagree with the court’s decision,” Drenick said.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11811498/ghost-ship-fire-defendant-derick-almena-could-be-released-from-jail-due-to-coronavirus-outbreak","authors":["byline_news_11811498"],"categories":["news_6188","news_8"],"tags":["news_27350","news_27504","news_21915","news_20259","news_25388","news_21568"],"featImg":"news_11760296","label":"source_news_11811498"},"arts_13874382":{"type":"posts","id":"arts_13874382","meta":{"index":"posts_1591205157","site":"arts","id":"13874382","score":null,"sort":[1580867056000]},"guestAuthors":[],"slug":"state-senator-introduces-legislation-to-protect-live-work-and-warehouse-residences","title":"State Senator Introduces Legislation to Protect Live-Work and Warehouse Residences","publishDate":1580867056,"format":"standard","headTitle":"State Senator Introduces Legislation to Protect Live-Work and Warehouse Residences | KQED","labelTerm":{"site":"arts"},"content":"\u003cp>State Sen. Nancy Skinner on Monday introduced legislation designed to promote safety in California live-work and warehouse residences while protecting tenants from displacement. [aside postID=news_11764921]\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB906\" target=\"_blank\" rel=\"noopener noreferrer\">Senate Bill 906\u003c/a>, co-sponsored by the City of Oakland, would give property owners more time to correct non-life-threatening violations that could otherwise motivate them to evict tenants, and also update state live-work code that effectively outlaws many communal residences.\u003c/p>\n\u003cp>The legislation aims to support live-work and warehouse residences popular among artists and musicians. The Dec. 2016 Ghost Ship fire that killed 36 at an unpermitted warehouse venue and residence in East Oakland brought intense scrutiny to such alternative cohousing spaces, prompting many property owners to displace tenants instead of addressing substandard conditions.\u003c/p>\n\u003cp>Skinner, who represents the 9th Senate District in the East Bay, said in a statement that current law gives California cities little flexibility to work with property owners and tenants in such situations. Officials often have a difficult choice between red-tagging buildings, forcing eviction; mandating upgrades that render the housing unaffordable for current tenants; or ignoring potentially hazardous conditions. \u003c/p>\n\u003cp>“California’s housing crisis demands that we give cities the tools they need to protect existing housing while making it safer, especially live-work and warehouse spaces,” Skinner said. “SB 906 is a necessary tool to protect and retain live-work and warehouse residences.” \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Oakland Mayor Libby Schaaf and Oakland City Council President Rebecca Kaplan also offered statements supporting the legislation for fostering collaboration between city officials and property owners. This legislation, if passed, could help continue Oakland’s legacy of communal artist housing and workspace. \u003c/p>\n\u003cp>The proposed bill amends one section of California’s health and safety code and adds another. \u003c/p>\n\u003cp>The amendment removes what Skinner and live-work advocates call a woefully outdated restriction on the number of residents allowed to share “joint living and working quarters” (currently, four unrelated persons). The addition allows owners of buildings deemed code-deficient to request an enforcement delay of as many as seven years if the violations don’t threaten building occupants’ health and safety.\u003c/p>\n\u003cp>Oakland live-work architect Thomas Dolan, who co-founded the advocacy group \u003ca href=\"https://saferdiyspaces.org/\" rel=\"noopener noreferrer\" target=\"_blank\">Safer DIY Spaces\u003c/a> after the Ghost Ship fire, said in an interview that removing the state limit on live-work residents would help clear a path to legalization for many spaces he’s visited as a consultant. \u003c/p>\n\u003cp>However, Dolan also urged Oakland city officials to reinstate a more comprehensive municipal live-work code they removed after the Ghost Ship fire; Dolan helped author the code. “That’s putting a dead stop on DIY’s ability to do its job,” he said of its removal. \u003c/p>\n\u003cp>[aside link1='https://www.kqed.org/ourturbulentdecade/2016-evictions-and-the-ghost-ship-fire-pushed-oakland-artists-into-the-margins,Evictions, Ghost Ship Fire Pushed Oakland Artists to Margins']\u003c/p>\n\u003cp>Currently any live-work space with more than four residents must pursue a conditional-use permit to exceed the state limit, an expensive and costly process with no guarantee of success. Safer DIY Spaces director David Keenan said such a permit should be unnecessary: “It should be by-right, if we believe housing is a human right.” \u003c/p>\n\u003cp>Dolan also supports SB 906’s efforts to ease the way for property owners to correct non-life-threatening building violations for the sake of retaining affordable housing for current tenants. Oakland already has a similarly aimed “compliance plan” program, he pointed out, that would be strengthened in tenants’ favor by increasing the amount of time property owners have to address violations.\u003c/p>\n\u003cp>Dolan points out that the legislation doesn’t draw a clear distinction between habitability issues, for example, a window slightly narrower than modern building standards require, and immediate life-safety risks. “Life safety no one should compromise on—that needs immediate addressing,” Dolan said. “But the nuance between that and a habitability shortcoming is being overlooked here.”\u003c/p>\n\u003cp>Oakland is recognized as a hub of commercial and warehouse property adapted by artists for residential, performance and fabrication purposes. But climbing rent and competition for commercial space have in recent years threatened the often unspoken agreements between landlords and residential tenants of buildings not technically approved or suitable for residential habitation. \u003c/p>\n\u003cp>The Dec. 2016 Ghost Ship warehouse fire, which broke out during an electronic music event, intensified pressure on unpermitted live-work and warehouse residences. Oakland officials identified unpermitted residences and instructed many owners to “discontinue residential use,” even in the absence of life-threatening conditions. Other property owners moved to evict warehouse tenants proactively amid the possibility of civil liability for Ghost Ship’s landlord, Chor Ng.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Oakland has a long and proud history of fostering affordable joint living and work spaces, especially for our vibrant arts and maker communities,” Schaaf, the mayor of Oakland, said in a statement. “But as a city, we must also ensure that people have safe, affordable housing, and are not forced onto the streets and into homelessness.” \u003c/p>\n\n","blocks":[],"excerpt":"Senate Bill 906, co-sponsored by the City of Oakland, promotes safety in live-work and warehouse residences while protecting tenants from displacement. ","status":"publish","parent":0,"modified":1705021358,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":861},"headData":{"title":"State Senator Introduces Legislation to Protect Live-Work and Warehouse Residences | KQED","description":"Senate Bill 906, co-sponsored by the City of Oakland, promotes safety in live-work and warehouse residences while protecting tenants from displacement. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"sticky":false,"templateType":"standard","featuredImageType":"standard","path":"/arts/13874382/state-senator-introduces-legislation-to-protect-live-work-and-warehouse-residences","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>State Sen. Nancy Skinner on Monday introduced legislation designed to promote safety in California live-work and warehouse residences while protecting tenants from displacement. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11764921","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB906\" target=\"_blank\" rel=\"noopener noreferrer\">Senate Bill 906\u003c/a>, co-sponsored by the City of Oakland, would give property owners more time to correct non-life-threatening violations that could otherwise motivate them to evict tenants, and also update state live-work code that effectively outlaws many communal residences.\u003c/p>\n\u003cp>The legislation aims to support live-work and warehouse residences popular among artists and musicians. The Dec. 2016 Ghost Ship fire that killed 36 at an unpermitted warehouse venue and residence in East Oakland brought intense scrutiny to such alternative cohousing spaces, prompting many property owners to displace tenants instead of addressing substandard conditions.\u003c/p>\n\u003cp>Skinner, who represents the 9th Senate District in the East Bay, said in a statement that current law gives California cities little flexibility to work with property owners and tenants in such situations. Officials often have a difficult choice between red-tagging buildings, forcing eviction; mandating upgrades that render the housing unaffordable for current tenants; or ignoring potentially hazardous conditions. \u003c/p>\n\u003cp>“California’s housing crisis demands that we give cities the tools they need to protect existing housing while making it safer, especially live-work and warehouse spaces,” Skinner said. “SB 906 is a necessary tool to protect and retain live-work and warehouse residences.” \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Oakland Mayor Libby Schaaf and Oakland City Council President Rebecca Kaplan also offered statements supporting the legislation for fostering collaboration between city officials and property owners. This legislation, if passed, could help continue Oakland’s legacy of communal artist housing and workspace. \u003c/p>\n\u003cp>The proposed bill amends one section of California’s health and safety code and adds another. \u003c/p>\n\u003cp>The amendment removes what Skinner and live-work advocates call a woefully outdated restriction on the number of residents allowed to share “joint living and working quarters” (currently, four unrelated persons). The addition allows owners of buildings deemed code-deficient to request an enforcement delay of as many as seven years if the violations don’t threaten building occupants’ health and safety.\u003c/p>\n\u003cp>Oakland live-work architect Thomas Dolan, who co-founded the advocacy group \u003ca href=\"https://saferdiyspaces.org/\" rel=\"noopener noreferrer\" target=\"_blank\">Safer DIY Spaces\u003c/a> after the Ghost Ship fire, said in an interview that removing the state limit on live-work residents would help clear a path to legalization for many spaces he’s visited as a consultant. \u003c/p>\n\u003cp>However, Dolan also urged Oakland city officials to reinstate a more comprehensive municipal live-work code they removed after the Ghost Ship fire; Dolan helped author the code. “That’s putting a dead stop on DIY’s ability to do its job,” he said of its removal. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"link1":"https://www.kqed.org/ourturbulentdecade/2016-evictions-and-the-ghost-ship-fire-pushed-oakland-artists-into-the-margins,Evictions, Ghost Ship Fire Pushed Oakland Artists to Margins","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Currently any live-work space with more than four residents must pursue a conditional-use permit to exceed the state limit, an expensive and costly process with no guarantee of success. Safer DIY Spaces director David Keenan said such a permit should be unnecessary: “It should be by-right, if we believe housing is a human right.” \u003c/p>\n\u003cp>Dolan also supports SB 906’s efforts to ease the way for property owners to correct non-life-threatening building violations for the sake of retaining affordable housing for current tenants. Oakland already has a similarly aimed “compliance plan” program, he pointed out, that would be strengthened in tenants’ favor by increasing the amount of time property owners have to address violations.\u003c/p>\n\u003cp>Dolan points out that the legislation doesn’t draw a clear distinction between habitability issues, for example, a window slightly narrower than modern building standards require, and immediate life-safety risks. “Life safety no one should compromise on—that needs immediate addressing,” Dolan said. “But the nuance between that and a habitability shortcoming is being overlooked here.”\u003c/p>\n\u003cp>Oakland is recognized as a hub of commercial and warehouse property adapted by artists for residential, performance and fabrication purposes. But climbing rent and competition for commercial space have in recent years threatened the often unspoken agreements between landlords and residential tenants of buildings not technically approved or suitable for residential habitation. \u003c/p>\n\u003cp>The Dec. 2016 Ghost Ship warehouse fire, which broke out during an electronic music event, intensified pressure on unpermitted live-work and warehouse residences. Oakland officials identified unpermitted residences and instructed many owners to “discontinue residential use,” even in the absence of life-threatening conditions. Other property owners moved to evict warehouse tenants proactively amid the possibility of civil liability for Ghost Ship’s landlord, Chor Ng.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Oakland has a long and proud history of fostering affordable joint living and work spaces, especially for our vibrant arts and maker communities,” Schaaf, the mayor of Oakland, said in a statement. “But as a city, we must also ensure that people have safe, affordable housing, and are not forced onto the streets and into homelessness.” \u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/arts/13874382/state-senator-introduces-legislation-to-protect-live-work-and-warehouse-residences","authors":["11091"],"categories":["arts_1","arts_235"],"tags":["arts_1118","arts_1559","arts_1627","arts_746","arts_596","arts_1143"],"featImg":"arts_13874385","label":"arts"},"news_11799391":{"type":"posts","id":"news_11799391","meta":{"index":"posts_1591205157","site":"news","id":"11799391","score":null,"sort":[1580521168000]},"guestAuthors":[],"slug":"he-made-a-mistake-ghost-ship-juror-speaks-out-ahead-of-retrial","title":"'He Made a Mistake': Ghost Ship Juror Speaks Out Ahead of Retrial","publishDate":1580521168,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>One of the two jurors who voted in September to acquit Ghost Ship defendant Derick Almena spoke publicly for the first time on Friday, telling reporters she didn't think Almena had any criminal intent in connection with a massive fire at an Oakland warehouse in the Fruitvale neighborhood that killed 36 people on Dec. 2, 2016.\u003c/p>\n\u003cp>Former juror Betty Parker — or Juror Number 5 — said she was confident that Almena, the Ghost Ship's master tenant, believed the building was safe.\u003c/p>\n\u003cp>\"The man had his family living there,\" she told reporters outside an Oakland courtroom where Almena appeared for a short procedural hearing in advance of his retrial. \"Who would put their kids knowingly in that type of danger?\"\u003c/p>\n\u003cp>Almena and Max Harris, who had been described as the Ghost Ship warehouse's second-in-command, \u003ca href=\"https://www.kqed.org/news/11495325/two-reportedly-charged-with-manslaughter-in-oaklands-ghost-ship-fire\" target=\"_blank\" rel=\"noopener noreferrer\">were arrested on June 5, 2017\u003c/a>. Each was charged with 36 counts of involuntary manslaughter. After a four-month-long, emotionally draining trial, a jury in September 2019 \u003ca href=\"https://www.kqed.org/news/11764921/ghost-ship-defendant-max-harris-acquitted-of-all-charges-jury-hung-on-derick-almena\">acquitted Harris of all charges but deadlocked 10-2 in favor of convicting Almena\u003c/a>.\u003c/p>\n\u003cp>[aside label=\"more ghost ship trial coverage\" tag=\"ghost-ship-trial\"]Almena remains in county jail in lieu of $750,000 bail as he awaits his second trial, which is scheduled to begin in early April.\u003c/p>\n\u003cp>\"He has to be proven guilty beyond a reasonable doubt. And there was a lot of reasonable doubt as far as I’m concerned,\" Parker said.\u003c/p>\n\u003cp>She advised the jury in the retrial to \"listen to everything.\"\u003c/p>\n\u003cp>\"Take everything into account. And think with both your mind and your heart,\" said Parker, who was later spotted hugging Almena’s wife, Micah Allison, in the courthouse. \"He has to live with this for the rest of his life, and to me that's a horrible sentence.\"\u003c/p>\n\u003cp>\"He made a mistake, we all make mistakes,” Parker said.\u003c/p>\n\u003cp>During Friday's hearing, Tony Serra, Almena's defense attorney, filed a motion to unseal the names of the former jurors so his team could interview them in preparation for the retrial. Parker was one of at least five former jurors in the courtroom on Friday, four of whom consented to the request, according to Alameda County Superior Court Judge Trina Thompson.\u003c/p>\n\u003cp>Starting on April 6, Thompson said, she will bring in four panels of 80 potential jurors for a total pool of 320 potential jurors. Jury selection is expected to take at least a few weeks, with opening statements not likely to begin until late April, she said.\u003c/p>\n\u003cp>\"Not a lot occurred today, but we want a trial,\" Serra said after Friday's hearing. \"The prosecution wants a trial and a trial has been confirmed.\"\u003c/p>\n\u003cp>That means Almena won't consider the possibility of a plea agreement with prosecutors, he said, adding that a new attorney, Vincent Barrientos, will replace the defense’s second-chair attorney Brian Getz, who is unavailable for the retrial. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"We're excited because we think we'll do better than in the first trial,\" Serra said of the retrial, which he expects to last about half as long.\u003c/p>\n\u003cp>He noted that this time his team will be able to question members of the Ng family, who owned the warehouse, about their potential responsibility for the fire. During the first trial, the Ngs were exempted from testifying because of the possibility they could be charged for their role in the blaze. But with the statute of limitations for charges against them expired, the defense can now call them as witnesses.\u003c/p>\n\u003cp>\"I'm going to grill them,\" Serra said.\u003c/p>\n\u003cp>In the original trial of Almena and Harris, prosecutors told jurors that the two men should be found guilty of involuntary manslaughter because they turned the warehouse into a death trap by creating an unsafe environment devoid of fire sprinklers, smoke alarms, lighted exit signs or stable stairs.\u003c/p>\n\u003cp>Prosecutors also alleged that Almena started violating the terms of the building's lease almost immediately after he signed it on Nov. 10, 2013, by allowing up to 25 people to live there even though it was zoned for commercial use, not residential.\u003c/p>\n\u003cp>Defense attorneys argued that firefighters, police officers and Child Protective Services officials who visited the warehouse on multiple occasions never told Almena and Harris that the building was unsafe.\u003c/p>\n\u003cp>They also argued that the fire was an act of arson that Almena and Harris couldn't have prevented. Prosecutors countered that there was no evidence of arson and called testimony by a key defense witness \"unbelievable.\"\u003c/p>\n\u003cp>\u003cem>Additional reporting from Bay City News was used in this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"After a hearing in advance of Ghost Ship defendant Derick Almena's retrial, one of two former jurors who voted not to convict him said she believed there was no criminal intent. \r\n","status":"publish","parent":0,"modified":1580521168,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":770},"headData":{"title":"'He Made a Mistake': Ghost Ship Juror Speaks Out Ahead of Retrial | KQED","description":"After a hearing in advance of Ghost Ship defendant Derick Almena's retrial, one of two former jurors who voted not to convict him said she believed there was no criminal intent. \r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11799391 https://ww2.kqed.org/news/?p=11799391","disqusUrl":"https://ww2.kqed.org/news/2020/01/31/he-made-a-mistake-ghost-ship-juror-speaks-out-ahead-of-retrial/","disqusTitle":"'He Made a Mistake': Ghost Ship Juror Speaks Out Ahead of Retrial","path":"/news/11799391/he-made-a-mistake-ghost-ship-juror-speaks-out-ahead-of-retrial","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>One of the two jurors who voted in September to acquit Ghost Ship defendant Derick Almena spoke publicly for the first time on Friday, telling reporters she didn't think Almena had any criminal intent in connection with a massive fire at an Oakland warehouse in the Fruitvale neighborhood that killed 36 people on Dec. 2, 2016.\u003c/p>\n\u003cp>Former juror Betty Parker — or Juror Number 5 — said she was confident that Almena, the Ghost Ship's master tenant, believed the building was safe.\u003c/p>\n\u003cp>\"The man had his family living there,\" she told reporters outside an Oakland courtroom where Almena appeared for a short procedural hearing in advance of his retrial. \"Who would put their kids knowingly in that type of danger?\"\u003c/p>\n\u003cp>Almena and Max Harris, who had been described as the Ghost Ship warehouse's second-in-command, \u003ca href=\"https://www.kqed.org/news/11495325/two-reportedly-charged-with-manslaughter-in-oaklands-ghost-ship-fire\" target=\"_blank\" rel=\"noopener noreferrer\">were arrested on June 5, 2017\u003c/a>. Each was charged with 36 counts of involuntary manslaughter. After a four-month-long, emotionally draining trial, a jury in September 2019 \u003ca href=\"https://www.kqed.org/news/11764921/ghost-ship-defendant-max-harris-acquitted-of-all-charges-jury-hung-on-derick-almena\">acquitted Harris of all charges but deadlocked 10-2 in favor of convicting Almena\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"more ghost ship trial coverage ","tag":"ghost-ship-trial"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Almena remains in county jail in lieu of $750,000 bail as he awaits his second trial, which is scheduled to begin in early April.\u003c/p>\n\u003cp>\"He has to be proven guilty beyond a reasonable doubt. And there was a lot of reasonable doubt as far as I’m concerned,\" Parker said.\u003c/p>\n\u003cp>She advised the jury in the retrial to \"listen to everything.\"\u003c/p>\n\u003cp>\"Take everything into account. And think with both your mind and your heart,\" said Parker, who was later spotted hugging Almena’s wife, Micah Allison, in the courthouse. \"He has to live with this for the rest of his life, and to me that's a horrible sentence.\"\u003c/p>\n\u003cp>\"He made a mistake, we all make mistakes,” Parker said.\u003c/p>\n\u003cp>During Friday's hearing, Tony Serra, Almena's defense attorney, filed a motion to unseal the names of the former jurors so his team could interview them in preparation for the retrial. Parker was one of at least five former jurors in the courtroom on Friday, four of whom consented to the request, according to Alameda County Superior Court Judge Trina Thompson.\u003c/p>\n\u003cp>Starting on April 6, Thompson said, she will bring in four panels of 80 potential jurors for a total pool of 320 potential jurors. Jury selection is expected to take at least a few weeks, with opening statements not likely to begin until late April, she said.\u003c/p>\n\u003cp>\"Not a lot occurred today, but we want a trial,\" Serra said after Friday's hearing. \"The prosecution wants a trial and a trial has been confirmed.\"\u003c/p>\n\u003cp>That means Almena won't consider the possibility of a plea agreement with prosecutors, he said, adding that a new attorney, Vincent Barrientos, will replace the defense’s second-chair attorney Brian Getz, who is unavailable for the retrial. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"We're excited because we think we'll do better than in the first trial,\" Serra said of the retrial, which he expects to last about half as long.\u003c/p>\n\u003cp>He noted that this time his team will be able to question members of the Ng family, who owned the warehouse, about their potential responsibility for the fire. During the first trial, the Ngs were exempted from testifying because of the possibility they could be charged for their role in the blaze. But with the statute of limitations for charges against them expired, the defense can now call them as witnesses.\u003c/p>\n\u003cp>\"I'm going to grill them,\" Serra said.\u003c/p>\n\u003cp>In the original trial of Almena and Harris, prosecutors told jurors that the two men should be found guilty of involuntary manslaughter because they turned the warehouse into a death trap by creating an unsafe environment devoid of fire sprinklers, smoke alarms, lighted exit signs or stable stairs.\u003c/p>\n\u003cp>Prosecutors also alleged that Almena started violating the terms of the building's lease almost immediately after he signed it on Nov. 10, 2013, by allowing up to 25 people to live there even though it was zoned for commercial use, not residential.\u003c/p>\n\u003cp>Defense attorneys argued that firefighters, police officers and Child Protective Services officials who visited the warehouse on multiple occasions never told Almena and Harris that the building was unsafe.\u003c/p>\n\u003cp>They also argued that the fire was an act of arson that Almena and Harris couldn't have prevented. Prosecutors countered that there was no evidence of arson and called testimony by a key defense witness \"unbelievable.\"\u003c/p>\n\u003cp>\u003cem>Additional reporting from Bay City News was used in this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11799391/he-made-a-mistake-ghost-ship-juror-speaks-out-ahead-of-retrial","authors":["1263","3214"],"categories":["news_6188","news_8"],"tags":["news_21915","news_20259","news_20258","news_25388","news_6107"],"featImg":"news_11799506","label":"news"},"news_11791737":{"type":"posts","id":"news_11791737","meta":{"index":"posts_1591205157","site":"news","id":"11791737","score":null,"sort":[1576618196000]},"guestAuthors":[],"slug":"bankruptcy-judge-rules-that-ghost-ship-lawsuit-against-pge-can-proceed","title":"Bankruptcy Judge Rules That Ghost Ship Lawsuit Against PG&E Can Proceed","publishDate":1576618196,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The judge overseeing PG&E's bankruptcy case has ruled that litigation against the utility for its alleged role in Oakland's 2016 Ghost Ship fire can go forward.\u003c/p>\n\u003cp>In a ruling Tuesday, U.S. Bankruptcy Judge Dennis Montali said he wanted families of the 36 people who died in the blaze \"to have their day in court.\"\u003c/p>\n\u003cp>The ruling, made over PG&E's opposition, means the company could face a pretrial hearing later this week.\u003c/p>\n\u003cp>[aside label=\"Related Coverage\" tag=\"ghost-ship\"]\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11461422/relatives-of-ghost-ship-fire-victims-add-pge-to-consolidated-lawsuit\" target=\"_blank\" rel=\"noopener noreferrer\">wrongful death lawsuit\u003c/a>, in which the company is named with the city of Oakland, the owners and proprietors of the Ghost Ship warehouse and others, is scheduled to go to trial in Alameda County Superior Court next May.\u003c/p>\n\u003cp>All litigation against PG&E was stayed when the company filed for Chapter 11 bankruptcy protection last January, including the Ghost Ship case and numerous lawsuits the utility faces for its role in starting a series of catastrophic wildfires in 2017 and 2018.\u003c/p>\n\u003cp>Attorneys for the Ghost Ship plaintiffs, who have alleged that PG&E's negligence contributed to the fire, have argued that their case against the company should be allowed to proceed.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>PG&E's lawyers have told Montali that any liability it faced for the Ghost Ship fire could be addressed as part of the bankruptcy proceeding. The company's \u003ca href=\"https://www.kqed.org/news/11790175/pge-announces-13-5-billion-deal-to-resolve-wildfire-claims\" target=\"_blank\" rel=\"noopener noreferrer\">proposed $13.5 billion settlement\u003c/a> with fire victims and others, announced on Dec. 7 and rejected by Gov. Gavin Newsom last Friday, included a provision to pay the Ghost Ship plaintiffs.\u003c/p>\n\u003cp>Montali is scheduled to rule later Tuesday on whether he'll accept the company's settlement package.\u003c/p>\n\u003cp>Newsom has informed the company that the agreement falls short of what newly adopted state legislation requires in the way of financial and operational stability.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Utility faces allegations that its negligence contributed to the deaths of 36 Oakland concertgoers in December 2016. ","status":"publish","parent":0,"modified":1576625316,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":12,"wordCount":306},"headData":{"title":"Bankruptcy Judge Rules That Ghost Ship Lawsuit Against PG&E Can Proceed | KQED","description":"Utility faces allegations that its negligence contributed to the deaths of 36 Oakland concertgoers in December 2016. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11791737 https://ww2.kqed.org/news/?p=11791737","disqusUrl":"https://ww2.kqed.org/news/2019/12/17/bankruptcy-judge-rules-that-ghost-ship-lawsuit-against-pge-can-proceed/","disqusTitle":"Bankruptcy Judge Rules That Ghost Ship Lawsuit Against PG&E Can Proceed","path":"/news/11791737/bankruptcy-judge-rules-that-ghost-ship-lawsuit-against-pge-can-proceed","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The judge overseeing PG&E's bankruptcy case has ruled that litigation against the utility for its alleged role in Oakland's 2016 Ghost Ship fire can go forward.\u003c/p>\n\u003cp>In a ruling Tuesday, U.S. Bankruptcy Judge Dennis Montali said he wanted families of the 36 people who died in the blaze \"to have their day in court.\"\u003c/p>\n\u003cp>The ruling, made over PG&E's opposition, means the company could face a pretrial hearing later this week.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"ghost-ship"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11461422/relatives-of-ghost-ship-fire-victims-add-pge-to-consolidated-lawsuit\" target=\"_blank\" rel=\"noopener noreferrer\">wrongful death lawsuit\u003c/a>, in which the company is named with the city of Oakland, the owners and proprietors of the Ghost Ship warehouse and others, is scheduled to go to trial in Alameda County Superior Court next May.\u003c/p>\n\u003cp>All litigation against PG&E was stayed when the company filed for Chapter 11 bankruptcy protection last January, including the Ghost Ship case and numerous lawsuits the utility faces for its role in starting a series of catastrophic wildfires in 2017 and 2018.\u003c/p>\n\u003cp>Attorneys for the Ghost Ship plaintiffs, who have alleged that PG&E's negligence contributed to the fire, have argued that their case against the company should be allowed to proceed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>PG&E's lawyers have told Montali that any liability it faced for the Ghost Ship fire could be addressed as part of the bankruptcy proceeding. The company's \u003ca href=\"https://www.kqed.org/news/11790175/pge-announces-13-5-billion-deal-to-resolve-wildfire-claims\" target=\"_blank\" rel=\"noopener noreferrer\">proposed $13.5 billion settlement\u003c/a> with fire victims and others, announced on Dec. 7 and rejected by Gov. Gavin Newsom last Friday, included a provision to pay the Ghost Ship plaintiffs.\u003c/p>\n\u003cp>Montali is scheduled to rule later Tuesday on whether he'll accept the company's settlement package.\u003c/p>\n\u003cp>Newsom has informed the company that the agreement falls short of what newly adopted state legislation requires in the way of financial and operational stability.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11791737/bankruptcy-judge-rules-that-ghost-ship-lawsuit-against-pge-can-proceed","authors":["222"],"categories":["news_223","news_6188","news_8"],"tags":["news_20259","news_140","news_24802"],"featImg":"news_11206090","label":"news"},"news_11777745":{"type":"posts","id":"news_11777745","meta":{"index":"posts_1591205157","site":"news","id":"11777745","score":null,"sort":[1570211109000]},"guestAuthors":[],"slug":"prosecutors-will-retry-case-of-ghost-ship-defendant-derick-almena","title":"Prosecutors Will Retry Case of Ghost Ship Defendant Derick Almena","publishDate":1570211109,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>Alameda County prosecutors will move forward with a retrial in the case of Derick Almena, who is charged with 36 counts of involuntary manslaughter for the deaths of three dozen people in a 2016 fire that burned through a converted Oakland warehouse known as the Ghost Ship.\u003c/p>\n\u003cp>Judge Trina Thompson set a new trial date for March 30, 2020, which both parties had agreed to, during a Friday hearing in the long-running case that's seen an aborted plea deal and a hung jury on charges against Almena.\u003c/p>\n\u003cp>Thompson \u003ca href=\"https://www.kqed.org/news/11764921/ghost-ship-defendant-max-harris-acquitted-of-all-charges-jury-hung-on-derick-almena\" target=\"_blank\" rel=\"noopener\">declared a mistrial in the case of Almena, the Ghost Ship's master tenant, on Sept. 5\u003c/a> after the jury deadlocked on a 10-2 vote to convict him.\u003c/p>\n\u003cp>The jury acquitted co-defendant Max Harris, who had been described as second-in-command and creative director of the Ghost Ship, of all 36 charges.\u003c/p>\n\u003cp>https://twitter.com/ClydeDon/status/1180168308340871170?s=20\u003c/p>\n\u003cp>Tony Serra, Almena's defense lawyer, said he was confident about the upcoming trial.\u003c/p>\n\u003cp>\"Both the prosecution and defense have the same desire,\" Serra said. \"And what is that desire? We want to go to trial. We don't want to negotiate. We don't want to involve ourselves in any kind of plea agreement. We want a trial. Our case is stronger. We're confident.\"\u003c/p>\n\u003cp>Serra said he doesn't expect any negotiations before the next trial begins.\u003c/p>\n\u003cp>\"It's the end of it,\" Serra said. \"We will prevail in the next trial.\"\u003c/p>\n\u003cp>https://twitter.com/ClydeDon/status/1180166491687157761?s=20\u003c/p>\n\u003cp>A defense motion to reduce Almena's bail \"significantly\" from $750,000 was denied. Brian Getz, who represents Almena, called for bail to be reduced to $50,000.\u003c/p>\n\u003cp>Getz argued in court his client was not a flight risk because he had no money and he was too recognizable from the high-profile case. He argued that if Almena fled he \"would never see his family again.\" He also argued there was \"no intent to hurt anyone\" and that \"everything he has done is in cooperation with the court.\"\u003c/p>\n\u003cp>But Judge Thompson alluded to Almena having not abided by court-ordered rules in the past.\u003c/p>\n\u003cp>\"I can’t ignore the fact that Mr. Almena has had court orders or been placed on supervision of some kind in the past, and didn’t always abide by the rules of the authorities,\" Thompson said.\u003c/p>\n\u003cp>She also said that although Almena had a \"mild\" criminal past, she was also considering that \"36 lives were lost, and this case has the most heightened circumstances of any homicide case.\"\u003c/p>\n\u003cp>Getz said outside court that it was \"unfathomable\" his client's bail wasn't reduced.\u003c/p>\n\u003cp>\"I felt that this was a bail motion that had merit because Mr. Almena never intended to hurt anybody,\" Getz said. \"And this is different than the other cases where bail was high but there was intentional, willful, violent conduct on the part of the person who was in jail. I know there are some people who say that Almena is not remorseful and has not shown remorse for what happened. Well, he has. Every single day he thinks about it.\"\u003c/p>\n\u003cp>Micah Allison, Almena's wife and mother of their three children, attended the hearing, along with other supporters.\u003c/p>\n\u003cp>\"It's really important for me, just for people to know that there are people all over the world praying for our family, and that they want to see him come home to his children,\" Allison said to reporters after the hearing. \"I'm obviously really sad about this denial of the bail. All Derick wants to do is to be with his kids. That's all he wants. That's all he's ever wanted.\"\u003c/p>\n\u003cp>Allison said \"the remorse that we feel and that everyone feels is immeasurable.\"\u003c/p>\n\u003cp>\"We will never be the same. We will never be the same,\" Allison said. \"There is nothing that I can do that can take away what happened. Nothing.\"\u003c/p>\n\u003cp>Colleen Dolan, mother of fire victim Chelsea Faith Dolan, was glad Almena was heading back to trial.\u003c/p>\n\u003cp>\"I miss her every day. I miss her every night. I think about the fire every day and every night,\" Dolan said of her daughter outside court. \"And I do want the man responsible to be held accountable.\"\u003c/p>\n\u003cp>Dolan said she was glad Almena's bail wasn't reduced because she believes he would flee with his family.\u003c/p>\n\u003cp>After Almena left court on Friday, Thompson held a hearing for \u003ca href=\"https://www.kqed.org/news/11768668/at-least-2-jurors-dismissed-in-ghost-ship-trial-could-be-held-in-contempt-of-court\" target=\"_blank\" rel=\"noopener\">two jurors who she dismissed on Aug. 19\u003c/a> during jury deliberations for improper communications and found both of them to be in contempt of court.\u003c/p>\n\u003cp>Thompson issued a $500 fine for one of the jurors but said she wouldn't impose it and make her pay it. Thompson told the other juror that she would not impose a fine or order her to serve any jail time.\u003c/p>\n\u003cp>[aside postID='news_11777380,arts_13865804,news_11764921' label='More Ghost Ship Coverage']\u003c/p>\n\u003ch2>The Criminal Trial\u003c/h2>\n\u003cp>Almena and Harris had both faced the same charges, one count for each of the 35 concertgoers and one tenant who died from a fire that began shortly after 11 p.m. on Dec. 2, 2016, during an electronic music party in the warehouse converted into a ramshackle artists' residence and illegal event space.\u003c/p>\n\u003cp>The prosecution had argued during the previous trial that the actions of Almena and Harris amounted to criminal negligence. They argued the warehouse was illegally converted into an unsafe living space with complete disregard for safety, violating nine fire codes. Prosecutors argued the victims didn't have enough notice, time or the ability to exit when the building began to fill with smoke, due to a lack of sprinklers, alarms and adequate exit signage.\u003c/p>\n\u003cp>Deputy District Attorney Autrey James also argued that Almena almost immediately violated the terms of the lease he signed in November 2013 by allowing people to live there. The prosecution said major alterations to the Ghost Ship were made without the required building permits and that events were held in the building without clearance from the city of Oakland.\u003c/p>\n\u003cp>Warehouse owner Chor Ng, and her son and daughter, Kai and Eva Ng, were not charged. Almena testified that landlord Eva Ng had asked him to get permits for changes to the warehouse but that he had declined, and that \"early on\" in the immediate months after signing the lease he had \u003ca href=\"https://www.kqed.org/news/11760427/ghost-ship-defendant-says-he-wont-blame-anybody-for-deadly-warehouse-fire\" target=\"_blank\" rel=\"noopener\">asked the Ngs to obtain the proper permits\u003c/a>.\u003c/p>\n\u003cp>During closing arguments, defense attorneys pointed to testimony by many former tenants and visitors who said they felt the Ghost Ship was safe.\u003c/p>\n\u003cp>The defense also argued that personnel from several agencies, including Oakland's police and fire departments, as well as Child Protective Services, had passed through the warehouse dozens of times in the years leading up to the fire and had never flagged the building, never red-tagged it or issued any eviction notices.\u003c/p>\n\u003cp>Attorneys for both defendants also argued during the criminal trial the fire may have been intentionally set, presenting testimony from several witnesses who said they saw a group of people starting the deadly blaze. Almena and Harris, their attorneys said, couldn't have done anything to prevent the alleged arson. James said in his rebuttal to the defense's closing arguments that there was no evidence of arson and called testimony by a key witness \"unbelievable.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The defense also said in closing arguments that their clients were scapegoats for the city of Oakland, which Serra said failed to enforce its own building and safety regulations. The city is one of several defendants in a civil lawsuit arising from the fire.\u003c/p>\n\u003cp>The trial began on April 30 and jury deliberations began three months later on July 31. On the 10th day of deliberations, three jurors were dismissed for misconduct. \u003ca href=\"https://www.kqed.org/news/11768501/3-jurors-in-ghost-ship-trial-replaced-deliberations-must-begin-all-over-again\" target=\"_blank\" rel=\"noopener\">Three alternates were rotated into the jury and Thompson told them to begin deliberations anew\u003c/a>. The newly formed jury reached their decision on Sept. 5, which was day 6 of deliberations.\u003c/p>\n\u003ch2>Events Leading Up to the Criminal Trial\u003c/h2>\n\u003cp>Almena and Harris \u003ca href=\"https://www.kqed.org/news/11495325/two-reportedly-charged-with-manslaughter-in-oaklands-ghost-ship-fire\" target=\"_blank\" rel=\"noopener\">were arrested on June 5, 2017\u003c/a>, and each charged with 36 counts of involuntary manslaughter.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11678966/men-plead-no-contest-in-deadly-ghost-ship-fire\" target=\"_blank\" rel=\"noopener\">Both pleaded no contest\u003c/a> to the charges on July 3, 2018, in Alameda County Superior Court, with Almena agreeing to a nine-year jail sentence with four years of supervised release. Harris agreed to a six-year jail sentence with four years of supervised release.\u003c/p>\n\u003cp>But on Aug. 10, 2018, Alameda County Superior Court Judge James Cramer \u003ca href=\"https://www.kqed.org/news/11686316/judge-rejects-plea-deals-in-deadly-oakland-warehouse-fire\" target=\"_blank\" rel=\"noopener\">rejected the pleas\u003c/a>, a decision that put the case on the path to this year's trial.\u003c/p>\n\u003cp>In explaining his decision, Cramer said Almena didn't acknowledge responsibility or show remorse for the fatal blaze. Cramer said the plea deal would have been fair for Harris, but in rejecting it for one defendant, he was bound by the law to reject it for both.\u003c/p>\n\u003cp>\u003cem>Reporting from Bay City News was used in this report.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This post has been updated.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The Ghost Ship trial judge declared a mistrial in the case of Almena on Sept. 5 after the jury deadlocked on a 10-2 vote to convict him of 36 counts of involuntary manslaughter. The jury acquitted co-defendant Max Harris of all charges.","status":"publish","parent":0,"modified":1570739593,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":42,"wordCount":1495},"headData":{"title":"Prosecutors Will Retry Case of Ghost Ship Defendant Derick Almena | KQED","description":"The Ghost Ship trial judge declared a mistrial in the case of Almena on Sept. 5 after the jury deadlocked on a 10-2 vote to convict him of 36 counts of involuntary manslaughter. The jury acquitted co-defendant Max Harris of all charges.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11777745 https://ww2.kqed.org/news/?p=11777745","disqusUrl":"https://ww2.kqed.org/news/2019/10/04/prosecutors-will-retry-case-of-ghost-ship-defendant-derick-almena/","disqusTitle":"Prosecutors Will Retry Case of Ghost Ship Defendant Derick Almena","source":"News","sourceUrl":"https://www.kqed.org/news/","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2019/10/20191004clyde.mp3","audioTrackLength":85,"path":"/news/11777745/prosecutors-will-retry-case-of-ghost-ship-defendant-derick-almena","parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alameda County prosecutors will move forward with a retrial in the case of Derick Almena, who is charged with 36 counts of involuntary manslaughter for the deaths of three dozen people in a 2016 fire that burned through a converted Oakland warehouse known as the Ghost Ship.\u003c/p>\n\u003cp>Judge Trina Thompson set a new trial date for March 30, 2020, which both parties had agreed to, during a Friday hearing in the long-running case that's seen an aborted plea deal and a hung jury on charges against Almena.\u003c/p>\n\u003cp>Thompson \u003ca href=\"https://www.kqed.org/news/11764921/ghost-ship-defendant-max-harris-acquitted-of-all-charges-jury-hung-on-derick-almena\" target=\"_blank\" rel=\"noopener\">declared a mistrial in the case of Almena, the Ghost Ship's master tenant, on Sept. 5\u003c/a> after the jury deadlocked on a 10-2 vote to convict him.\u003c/p>\n\u003cp>The jury acquitted co-defendant Max Harris, who had been described as second-in-command and creative director of the Ghost Ship, of all 36 charges.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1180168308340871170"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Tony Serra, Almena's defense lawyer, said he was confident about the upcoming trial.\u003c/p>\n\u003cp>\"Both the prosecution and defense have the same desire,\" Serra said. \"And what is that desire? We want to go to trial. We don't want to negotiate. We don't want to involve ourselves in any kind of plea agreement. We want a trial. Our case is stronger. We're confident.\"\u003c/p>\n\u003cp>Serra said he doesn't expect any negotiations before the next trial begins.\u003c/p>\n\u003cp>\"It's the end of it,\" Serra said. \"We will prevail in the next trial.\"\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1180166491687157761"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>A defense motion to reduce Almena's bail \"significantly\" from $750,000 was denied. Brian Getz, who represents Almena, called for bail to be reduced to $50,000.\u003c/p>\n\u003cp>Getz argued in court his client was not a flight risk because he had no money and he was too recognizable from the high-profile case. He argued that if Almena fled he \"would never see his family again.\" He also argued there was \"no intent to hurt anyone\" and that \"everything he has done is in cooperation with the court.\"\u003c/p>\n\u003cp>But Judge Thompson alluded to Almena having not abided by court-ordered rules in the past.\u003c/p>\n\u003cp>\"I can’t ignore the fact that Mr. Almena has had court orders or been placed on supervision of some kind in the past, and didn’t always abide by the rules of the authorities,\" Thompson said.\u003c/p>\n\u003cp>She also said that although Almena had a \"mild\" criminal past, she was also considering that \"36 lives were lost, and this case has the most heightened circumstances of any homicide case.\"\u003c/p>\n\u003cp>Getz said outside court that it was \"unfathomable\" his client's bail wasn't reduced.\u003c/p>\n\u003cp>\"I felt that this was a bail motion that had merit because Mr. Almena never intended to hurt anybody,\" Getz said. \"And this is different than the other cases where bail was high but there was intentional, willful, violent conduct on the part of the person who was in jail. I know there are some people who say that Almena is not remorseful and has not shown remorse for what happened. Well, he has. Every single day he thinks about it.\"\u003c/p>\n\u003cp>Micah Allison, Almena's wife and mother of their three children, attended the hearing, along with other supporters.\u003c/p>\n\u003cp>\"It's really important for me, just for people to know that there are people all over the world praying for our family, and that they want to see him come home to his children,\" Allison said to reporters after the hearing. \"I'm obviously really sad about this denial of the bail. All Derick wants to do is to be with his kids. That's all he wants. That's all he's ever wanted.\"\u003c/p>\n\u003cp>Allison said \"the remorse that we feel and that everyone feels is immeasurable.\"\u003c/p>\n\u003cp>\"We will never be the same. We will never be the same,\" Allison said. \"There is nothing that I can do that can take away what happened. Nothing.\"\u003c/p>\n\u003cp>Colleen Dolan, mother of fire victim Chelsea Faith Dolan, was glad Almena was heading back to trial.\u003c/p>\n\u003cp>\"I miss her every day. I miss her every night. I think about the fire every day and every night,\" Dolan said of her daughter outside court. \"And I do want the man responsible to be held accountable.\"\u003c/p>\n\u003cp>Dolan said she was glad Almena's bail wasn't reduced because she believes he would flee with his family.\u003c/p>\n\u003cp>After Almena left court on Friday, Thompson held a hearing for \u003ca href=\"https://www.kqed.org/news/11768668/at-least-2-jurors-dismissed-in-ghost-ship-trial-could-be-held-in-contempt-of-court\" target=\"_blank\" rel=\"noopener\">two jurors who she dismissed on Aug. 19\u003c/a> during jury deliberations for improper communications and found both of them to be in contempt of court.\u003c/p>\n\u003cp>Thompson issued a $500 fine for one of the jurors but said she wouldn't impose it and make her pay it. Thompson told the other juror that she would not impose a fine or order her to serve any jail time.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11777380,arts_13865804,news_11764921","label":"More Ghost Ship Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>The Criminal Trial\u003c/h2>\n\u003cp>Almena and Harris had both faced the same charges, one count for each of the 35 concertgoers and one tenant who died from a fire that began shortly after 11 p.m. on Dec. 2, 2016, during an electronic music party in the warehouse converted into a ramshackle artists' residence and illegal event space.\u003c/p>\n\u003cp>The prosecution had argued during the previous trial that the actions of Almena and Harris amounted to criminal negligence. They argued the warehouse was illegally converted into an unsafe living space with complete disregard for safety, violating nine fire codes. Prosecutors argued the victims didn't have enough notice, time or the ability to exit when the building began to fill with smoke, due to a lack of sprinklers, alarms and adequate exit signage.\u003c/p>\n\u003cp>Deputy District Attorney Autrey James also argued that Almena almost immediately violated the terms of the lease he signed in November 2013 by allowing people to live there. The prosecution said major alterations to the Ghost Ship were made without the required building permits and that events were held in the building without clearance from the city of Oakland.\u003c/p>\n\u003cp>Warehouse owner Chor Ng, and her son and daughter, Kai and Eva Ng, were not charged. Almena testified that landlord Eva Ng had asked him to get permits for changes to the warehouse but that he had declined, and that \"early on\" in the immediate months after signing the lease he had \u003ca href=\"https://www.kqed.org/news/11760427/ghost-ship-defendant-says-he-wont-blame-anybody-for-deadly-warehouse-fire\" target=\"_blank\" rel=\"noopener\">asked the Ngs to obtain the proper permits\u003c/a>.\u003c/p>\n\u003cp>During closing arguments, defense attorneys pointed to testimony by many former tenants and visitors who said they felt the Ghost Ship was safe.\u003c/p>\n\u003cp>The defense also argued that personnel from several agencies, including Oakland's police and fire departments, as well as Child Protective Services, had passed through the warehouse dozens of times in the years leading up to the fire and had never flagged the building, never red-tagged it or issued any eviction notices.\u003c/p>\n\u003cp>Attorneys for both defendants also argued during the criminal trial the fire may have been intentionally set, presenting testimony from several witnesses who said they saw a group of people starting the deadly blaze. Almena and Harris, their attorneys said, couldn't have done anything to prevent the alleged arson. James said in his rebuttal to the defense's closing arguments that there was no evidence of arson and called testimony by a key witness \"unbelievable.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The defense also said in closing arguments that their clients were scapegoats for the city of Oakland, which Serra said failed to enforce its own building and safety regulations. The city is one of several defendants in a civil lawsuit arising from the fire.\u003c/p>\n\u003cp>The trial began on April 30 and jury deliberations began three months later on July 31. On the 10th day of deliberations, three jurors were dismissed for misconduct. \u003ca href=\"https://www.kqed.org/news/11768501/3-jurors-in-ghost-ship-trial-replaced-deliberations-must-begin-all-over-again\" target=\"_blank\" rel=\"noopener\">Three alternates were rotated into the jury and Thompson told them to begin deliberations anew\u003c/a>. The newly formed jury reached their decision on Sept. 5, which was day 6 of deliberations.\u003c/p>\n\u003ch2>Events Leading Up to the Criminal Trial\u003c/h2>\n\u003cp>Almena and Harris \u003ca href=\"https://www.kqed.org/news/11495325/two-reportedly-charged-with-manslaughter-in-oaklands-ghost-ship-fire\" target=\"_blank\" rel=\"noopener\">were arrested on June 5, 2017\u003c/a>, and each charged with 36 counts of involuntary manslaughter.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11678966/men-plead-no-contest-in-deadly-ghost-ship-fire\" target=\"_blank\" rel=\"noopener\">Both pleaded no contest\u003c/a> to the charges on July 3, 2018, in Alameda County Superior Court, with Almena agreeing to a nine-year jail sentence with four years of supervised release. Harris agreed to a six-year jail sentence with four years of supervised release.\u003c/p>\n\u003cp>But on Aug. 10, 2018, Alameda County Superior Court Judge James Cramer \u003ca href=\"https://www.kqed.org/news/11686316/judge-rejects-plea-deals-in-deadly-oakland-warehouse-fire\" target=\"_blank\" rel=\"noopener\">rejected the pleas\u003c/a>, a decision that put the case on the path to this year's trial.\u003c/p>\n\u003cp>In explaining his decision, Cramer said Almena didn't acknowledge responsibility or show remorse for the fatal blaze. Cramer said the plea deal would have been fair for Harris, but in rejecting it for one defendant, he was bound by the law to reject it for both.\u003c/p>\n\u003cp>\u003cem>Reporting from Bay City News was used in this report.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This post has been updated.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11777745/prosecutors-will-retry-case-of-ghost-ship-defendant-derick-almena","authors":["104"],"programs":["news_72"],"categories":["news_223","news_6188","news_8"],"tags":["news_21915","news_19542","news_20259","news_25388","news_21354"],"featImg":"news_11755886","label":"source_news_11777745"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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