Prosecutors Will Retry Case of Ghost Ship Defendant Derick Almena
Attorneys for Ghost Ship Defendant Almena Seek 'Significant' Bail Reduction
Ghost Ship Trial Outcome: Here Are Your Reflections
Ghost Ship Verdict, U.S. Rep. Eric Swalwell, Chase Center
Ghost Ship Jury Unable to Reach Verdict for Derick Almena, Acquits Max Harris
At Least 2 Jurors Dismissed in Ghost Ship Trial Could Be Held in Contempt of Court
3 Jurors in Ghost Ship Trial Replaced – Deliberations Must Begin All Over Again
Ghost Ship Trial Handed to Jury, Victims' Families Await Verdict
In Closing Arguments, Ghost Ship Defense Attorneys Say Arson Was Cause of Deadly Blaze
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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":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Prosecutors Will Retry Case of Ghost Ship Defendant Derick Almena","datePublished":"2019-10-04T17:45:09.000Z","dateModified":"2019-10-10T20:33:13.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"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"},"news_11777380":{"type":"posts","id":"news_11777380","meta":{"index":"posts_1591205157","site":"news","id":"11777380","score":null,"sort":[1569879224000]},"guestAuthors":[],"slug":"attorneys-for-ghost-ship-defendant-almena-seek-significant-bail-reduction","title":"Attorneys for Ghost Ship Defendant Almena Seek 'Significant' Bail Reduction","publishDate":1569879224,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Defense attorneys for Ghost Ship master tenant Derick Almena have filed a motion seeking a \"significant\" reduction in his $750,000 bail on 36 charges of involuntary manslaughter for a 2016 Oakland warehouse fire that killed 36 people.\u003c/p>\n\u003cp>Alameda County Superior Court Judge Trina Thompson declared a mistrial for Almena on Sept. 5 after jurors deadlocked 10-2 in favor of convicting him at the end of a lengthy trial that began on April 30.\u003c/p>\n\u003cp>The same jurors acquitted Max Harris, often described as Ghost Ship creative director or second-in-command, of the same 36 counts of involuntary manslaughter both men faced for the fire at a music party at the building in Oakland's Fruitvale district that killed 35 concertgoers and one tenant the night of Dec. 2, 2016.\u003c/p>\n\u003cp>Harris, who also had been held on lieu of $750,000 bail, was released from custody several hours after his acquittal.\u003c/p>\n\u003cp>Almena is scheduled to return to court this Friday, when future court dates, including a potential new trial, will be scheduled. Judge Thompson also will consider the defense's motion to reduce Almena's bail at that time.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Almena's attorney, Brian Getz, wrote in a motion filed Friday and made public on Monday that Almena \"qualifies for a significant reduction in his current $750,000 bail.\"\u003c/p>\n\u003cp>\"The court's primary concern must be the public safety,\" Getz wrote, and he alleged that Alameda County prosecutors haven't produced any evidence, since Almena was arrested and charged in June 2017, \"suggesting that Mr. Almena would be a danger to the community or would put the public at risk if he were released.\"\u003c/p>\n\u003cp>Getz wrote, \"Although Mr. Almena is charged with the deaths of 36 people, the loss is alleged to be the result of negligence rather than express or implied malice; neither Mr. Almena or anyone associated with him ever threatened any witnesses in this matter.\"\u003c/p>\n\u003cp>The defense attorney also said the charges in the case \"did not involve the use of firearms or possession of controlled substances.\"\u003c/p>\n\u003cp>In addition, Getz wrote that prosecutors \"have presented no evidence indicating Mr. Almena presents a flight risk.\"\u003c/p>\n\u003cp>[aside tag='ghost-ship-trial' num='6' label='Related Coverage']\u003c/p>\n\u003cp>He said, \"To the contrary, Mr. Almena's wife and three children continue to maintain his family home in Upper Lake (in Lake County), where the family established residency 31 months ago.\"\u003c/p>\n\u003cp>Getz wrote that if Almena is released on bail, \"he will reunite with his family in the Upper Lake residence pending retrial or resolution of his criminal matter.\"\u003c/p>\n\u003cp>Getz said that even though Almena became a suspect \"within hours of the tragic fire\" and was the main subject of a criminal investigation, \"he did not flee and remained in the Bay Area\" until he was arrested in June 2017.\u003c/p>\n\u003cp>The bail for Almena and Harris was set at $1.08 million when they were charged in June 2017 but was reduced to $750,000 about six weeks later.\u003c/p>\n\u003cp>Both men later filed motions seeking to have their bail reduced even more or to be released on their own recognizance, but those motions were denied.\u003c/p>\n\u003cp>Prosecutors told jurors in the trial of Almena and Harris that the two men should be found guilty of 36 counts of involuntary manslaughter because they turned the warehouse into a death trap by creating unsafe conditions there, with no fire sprinklers, smoke alarms, lighted exit signs or stairs that were in good condition.\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 rather than residential use.\u003c/p>\n\u003cp>But defense lawyers said 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>\u003c/p>\n\u003cp>Defense attorneys also said there's evidence that the fire was an act of arson that Almena and Harris couldn't have prevented.\u003c/p>\n\n","blocks":[],"excerpt":"After September mistrial, master tenant returns to court Friday for a hearing. He faces 36 counts of involuntary manslaughter in Oakland warehouse fire that killed 36 people in December 2016.","status":"publish","parent":0,"modified":1569879224,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":675},"headData":{"title":"Attorneys for Ghost Ship Defendant Almena Seek 'Significant' Bail Reduction | KQED","description":"After September mistrial, master tenant returns to court Friday for a hearing. He faces 36 counts of involuntary manslaughter in Oakland warehouse fire that killed 36 people in December 2016.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Attorneys for Ghost Ship Defendant Almena Seek 'Significant' Bail Reduction","datePublished":"2019-09-30T21:33:44.000Z","dateModified":"2019-09-30T21:33:44.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11777380 https://ww2.kqed.org/news/?p=11777380","disqusUrl":"https://ww2.kqed.org/news/2019/09/30/attorneys-for-ghost-ship-defendant-almena-seek-significant-bail-reduction/","disqusTitle":"Attorneys for Ghost Ship Defendant Almena Seek 'Significant' Bail Reduction","nprByline":"\u003cstrong>Bay City News\u003c/strong>","path":"/news/11777380/attorneys-for-ghost-ship-defendant-almena-seek-significant-bail-reduction","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Defense attorneys for Ghost Ship master tenant Derick Almena have filed a motion seeking a \"significant\" reduction in his $750,000 bail on 36 charges of involuntary manslaughter for a 2016 Oakland warehouse fire that killed 36 people.\u003c/p>\n\u003cp>Alameda County Superior Court Judge Trina Thompson declared a mistrial for Almena on Sept. 5 after jurors deadlocked 10-2 in favor of convicting him at the end of a lengthy trial that began on April 30.\u003c/p>\n\u003cp>The same jurors acquitted Max Harris, often described as Ghost Ship creative director or second-in-command, of the same 36 counts of involuntary manslaughter both men faced for the fire at a music party at the building in Oakland's Fruitvale district that killed 35 concertgoers and one tenant the night of Dec. 2, 2016.\u003c/p>\n\u003cp>Harris, who also had been held on lieu of $750,000 bail, was released from custody several hours after his acquittal.\u003c/p>\n\u003cp>Almena is scheduled to return to court this Friday, when future court dates, including a potential new trial, will be scheduled. Judge Thompson also will consider the defense's motion to reduce Almena's bail at that time.\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's attorney, Brian Getz, wrote in a motion filed Friday and made public on Monday that Almena \"qualifies for a significant reduction in his current $750,000 bail.\"\u003c/p>\n\u003cp>\"The court's primary concern must be the public safety,\" Getz wrote, and he alleged that Alameda County prosecutors haven't produced any evidence, since Almena was arrested and charged in June 2017, \"suggesting that Mr. Almena would be a danger to the community or would put the public at risk if he were released.\"\u003c/p>\n\u003cp>Getz wrote, \"Although Mr. Almena is charged with the deaths of 36 people, the loss is alleged to be the result of negligence rather than express or implied malice; neither Mr. Almena or anyone associated with him ever threatened any witnesses in this matter.\"\u003c/p>\n\u003cp>The defense attorney also said the charges in the case \"did not involve the use of firearms or possession of controlled substances.\"\u003c/p>\n\u003cp>In addition, Getz wrote that prosecutors \"have presented no evidence indicating Mr. Almena presents a flight risk.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"ghost-ship-trial","num":"6","label":"Related Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He said, \"To the contrary, Mr. Almena's wife and three children continue to maintain his family home in Upper Lake (in Lake County), where the family established residency 31 months ago.\"\u003c/p>\n\u003cp>Getz wrote that if Almena is released on bail, \"he will reunite with his family in the Upper Lake residence pending retrial or resolution of his criminal matter.\"\u003c/p>\n\u003cp>Getz said that even though Almena became a suspect \"within hours of the tragic fire\" and was the main subject of a criminal investigation, \"he did not flee and remained in the Bay Area\" until he was arrested in June 2017.\u003c/p>\n\u003cp>The bail for Almena and Harris was set at $1.08 million when they were charged in June 2017 but was reduced to $750,000 about six weeks later.\u003c/p>\n\u003cp>Both men later filed motions seeking to have their bail reduced even more or to be released on their own recognizance, but those motions were denied.\u003c/p>\n\u003cp>Prosecutors told jurors in the trial of Almena and Harris that the two men should be found guilty of 36 counts of involuntary manslaughter because they turned the warehouse into a death trap by creating unsafe conditions there, with no fire sprinklers, smoke alarms, lighted exit signs or stairs that were in good condition.\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 rather than residential use.\u003c/p>\n\u003cp>But defense lawyers said 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>\u003c/p>\n\u003cp>Defense attorneys also said there's evidence that the fire was an act of arson that Almena and Harris couldn't have prevented.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11777380/attorneys-for-ghost-ship-defendant-almena-seek-significant-bail-reduction","authors":["byline_news_11777380"],"categories":["news_6188","news_8"],"tags":["news_18821","news_21915","news_20259","news_25388","news_21354"],"featImg":"news_11760610","label":"news"},"news_11772890":{"type":"posts","id":"news_11772890","meta":{"index":"posts_1591205157","site":"news","id":"11772890","score":null,"sort":[1567885545000]},"guestAuthors":[],"slug":"ghost-ship-trial-outcome-here-are-your-reflections","title":"Ghost Ship Trial Outcome: Here Are Your Reflections","publishDate":1567885545,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\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\">The split decision\u003c/a> of the Ghost Ship criminal trial stirred up intense emotions on Thursday, and it's clear the 2016 warehouse fire made a lasting impact in our Bay Area communities.\u003c/p>\n\u003cp>We \u003ca href=\"https://www.kqed.org/news/11764634/ghost-ship-verdict-kqed-invites-you-to-share-your-reactions\" target=\"_blank\" rel=\"noopener\">created a space\u003c/a> for you to share your thoughts and reflections after the outcome. Here are some of those responses:\u003c/p>\n\u003cp>\u003cstrong>What are your thoughts on the criminal trial outcome?\u003c/strong>\u003c/p>\n\u003cp>\"I'm heavily involved in the local DIY scene and my heart aches. So many of the sanctuaries we misfits build for ourselves aren't up to code. I feel like this could've happened at any of my favorite places: the DIY venues and punk houses where I feel socially safe. I recognize that a conviction may have felt like closure, but I can't imagine that it would have been a true victory. I can all too well picture this tragedy happening at any of the spaces I love, and my own friends on trial. With or without a conviction, there would have been no justice.\" \u003cem>- Caitlin H.\u003c/em>\u003c/p>\n\u003cp>\"Mixed, as I wasn't privy to all the facts, but I obsessed over all media accounts. I felt neutral on Harris and slightly biased against Almena based on media and shared community reporting, but I feel the most confused and pretty much incensed over the landlord, Chor Ng, and her family, who all manage multiple properties and have documented unresolved issues, NOT BEING CHARGED. But allegedly getting $3m in insurance payments. That feels the most criminal and tragic to me.\" \u003cem>- SCP\u003c/em>\u003c/p>\n\u003cp>[aside label=\"The Ghost Ship Decision\" link1=\"https://www.kqed.org/news/11764634/ghost-ship-verdict-kqed-invites-you-to-share-your-reactions,KQED Invites You to Share Your Reactions\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/07/RS37750__DSC1024-qut-1038x576.jpg\"]\u003c/p>\n\u003cp>\"So no one is responsible?\" \u003cem>- Marcia Hagen\u003c/em>\u003c/p>\n\u003cp>\"I am horrified at the jury decision. It is unconscionable that 36 dear souls roasted to death because of inaction and greed on the part of two men in a position to provide a safe environment for their guests. I am left feeling that the jury just wanted to go home - and who could blame them after months of trial and weeks of deliberations fraught with emotion. The system failed these victims and their families.\" \u003cem>- Lynda\u003c/em>\u003c/p>\n\u003cp>\"Max Harris never should have been charged and the DA should be ashamed that she charged him instead of the landlord. I could see how jurors could be split over Almena, it was not clear cut. Hopefully they can reach an agreement instead of doing another 6-month trial. This also goes to show that the judge was wrong to reject the plea bargain and the prosecutor was right to offer one, implicitly recognizing weaknesses in the case.\" \u003cem>- Jenny\u003c/em>\u003c/p>\n\u003cp>\"I followed this whole trial very closely because it was just such a tragedy. My feelings here at the end: Derick Almena is a cocky, ass who wasn’t ever thinking about something as mundane as “safety.” He was an artist! Inspiring a community! He’s a narcissist, but I don’t think he’s a murderer. Max Harris was just a young kid who got sucked into Almena’s World view. The souls who died attending a concert didn’t know what they were walking into. It’s a horrible tragedy, all around. Social services walked through the property and visited it many times, and never did anything. We all need to pay more attention and do better. Assess every situation you walk into. Know where your exits are. If your gut tells you something’s not right, trust it. It’s all just so sad.\" \u003cem>- Wyoming\u003c/em>\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Diego Aguilar-Canabal\"]\"I lost three friends forever. I think about them every day.\"[/pullquote]\u003c/p>\n\u003cp>\"I have felt conflicted all along. Did Almena have bad intention? There is a lot of blame to go around — the owners of the space, the fire department, the police. There were plenty of entities that could have prevented the catastrophe. Is ruining another person’s life justice?\" \u003cem>- Debora Sayre\u003c/em>\u003c/p>\n\u003cp>\"I'm shocked and sad. As an event manager, I truly don't understand how they weren't both convicted. I've thrown illegal warehouse parties in Oakland, and the rules are 1. Make sure no one dies 2. Space must be easy to evacuate if the fuzz shows up. These guys evacuated themselves (Max went back to \"evacuate\" his cell phone and laptop) and left everyone on the second floor try[ing] to get [out of the] warehouse decorated with doors to nowhere.\" \u003cem>- Anna\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>How did the Ghost Ship fire impact you?\u003c/strong>\u003c/p>\n\u003cp>\"I like most people was overwhelmed by the tragedy. As an artist, I know how little money they had and this was the place for them to create and live. More needs to be done for artists. Look North to Seattle.\" \u003cem>- Bonnie Smith\u003c/em>\u003c/p>\n\u003cp>[aside tag='ghost-ship-trial' label='Complete Coverage of the Ghost Ship Trial']\u003c/p>\n\u003cp>\"Deeply at an emotional level as someone who's been part of similar communities. We don't fund and pay artists as we should. Many artists sacrifice lifestyle/comfort for art's sake. They should remain safe. I cried over certain musicians whose music was amazing, over the beautiful tribute wall at Highwire Coffee in Berkeley, over the young and innocent lives lost because they went out to support live music and the arts.\" \u003cem>- SCP\u003c/em>\u003c/p>\n\u003cp>\"I am a friend of the mother of one of the victims whose only child perished. Her loss and emotional well-being is unimaginable.\"\u003cem> - Lynda\u003c/em>\u003c/p>\n\u003cp>\"It fragmented and destroyed a once vibrant, open, and creative community.\" \u003cem>- Brian\u003c/em>\u003c/p>\n\u003cp>\"I lost three friends forever. I think about them every day.\" \u003cem>- Diego Aguilar-Canabal\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Some wrote a letter to one of the people lost in the fire.\u003c/strong>\u003c/p>\n\u003cp>\"Dear child of God, please know you are cherished and your mommy’s wonderful memories of your life will sustain her. She will see you on the other side and you will rejoice in her joining you after her final journey. Although I never met you, I know I missed so much — your kindness, compassion, talent and love for your many friends are your legacy. Sleep well, dear boy.\" \u003cem>- Lynda\u003c/em>\u003cbr>\n[pullquote size=\"medium\" align=\"right\" citation=\"David Houston\"]\"Rest in Power Jenpop. I know you're the life of the party. Elsewhere.\"[/pullquote]\u003c/p>\n\u003cp>\"Rest in Power Jenpop. I know you're the life of the party. Elsewhere.\" \u003cem>- David Houston\u003c/em>\u003c/p>\n\u003cp>\"Dear Cash: Your life was too short, but your death was not in vain. I am one of many creatives and arts supporters who learned of your life, your contributions, and your music through the tragedy of the Ghost Ship fire. You're uniquely talented, and I now listen to your music that I so sadly only heard of after your death. Thank you for living your life on your terms and putting your work out. You are loved and missed.\"\u003cem> - SCP\u003c/em>\u003c/p>\n\u003cp>\"I understand from my own experience of the loss of my son you have to forgive and feel love for the mistakes made by all to get well emotionally to feel healthy and have a happy good life FORGIVE and let your anger go.\" \u003cem>- Kathy\u003c/em>\u003c/p>\n\u003cp>\"I am sorry to all who died that night that your life was prematurely shortened. That there aren’t safe spaces on all levels to meet and play music and create. You are loved and missed.\" \u003cem>- Debora Sayre\u003c/em>\u003c/p>\n\u003cp>\u003cem>These responses have been lightly edited. Continue to share your thoughts and reflections in the form below.\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://docs.google.com/forms/d/e/1FAIpQLSfdz-lrcRerdPWFYFk5N7qGfrLLsKcvVQ3dNF1aRcW0U27MvA/viewform?embedded=true\" width=\"640\" height=\"1306\" frameborder=\"0\" marginheight=\"0\" marginwidth=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"To acknowledge the intensity of the feelings stirred up by the trial’s outcome, we invited you to share your thoughts.","status":"publish","parent":0,"modified":1567885624,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":30,"wordCount":1283},"headData":{"title":"Ghost Ship Trial Outcome: Here Are Your Reflections | KQED","description":"To acknowledge the intensity of the feelings stirred up by the trial’s outcome, we invited you to share your thoughts.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Ghost Ship Trial Outcome: Here Are Your Reflections","datePublished":"2019-09-07T19:45:45.000Z","dateModified":"2019-09-07T19:47:04.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11772890 https://ww2.kqed.org/news/?p=11772890","disqusUrl":"https://ww2.kqed.org/news/2019/09/07/ghost-ship-trial-outcome-here-are-your-reflections/","disqusTitle":"Ghost Ship Trial Outcome: Here Are Your Reflections","path":"/news/11772890/ghost-ship-trial-outcome-here-are-your-reflections","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\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\">The split decision\u003c/a> of the Ghost Ship criminal trial stirred up intense emotions on Thursday, and it's clear the 2016 warehouse fire made a lasting impact in our Bay Area communities.\u003c/p>\n\u003cp>We \u003ca href=\"https://www.kqed.org/news/11764634/ghost-ship-verdict-kqed-invites-you-to-share-your-reactions\" target=\"_blank\" rel=\"noopener\">created a space\u003c/a> for you to share your thoughts and reflections after the outcome. Here are some of those responses:\u003c/p>\n\u003cp>\u003cstrong>What are your thoughts on the criminal trial outcome?\u003c/strong>\u003c/p>\n\u003cp>\"I'm heavily involved in the local DIY scene and my heart aches. So many of the sanctuaries we misfits build for ourselves aren't up to code. I feel like this could've happened at any of my favorite places: the DIY venues and punk houses where I feel socially safe. I recognize that a conviction may have felt like closure, but I can't imagine that it would have been a true victory. I can all too well picture this tragedy happening at any of the spaces I love, and my own friends on trial. With or without a conviction, there would have been no justice.\" \u003cem>- Caitlin H.\u003c/em>\u003c/p>\n\u003cp>\"Mixed, as I wasn't privy to all the facts, but I obsessed over all media accounts. I felt neutral on Harris and slightly biased against Almena based on media and shared community reporting, but I feel the most confused and pretty much incensed over the landlord, Chor Ng, and her family, who all manage multiple properties and have documented unresolved issues, NOT BEING CHARGED. But allegedly getting $3m in insurance payments. That feels the most criminal and tragic to me.\" \u003cem>- SCP\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"The Ghost Ship Decision ","link1":"https://www.kqed.org/news/11764634/ghost-ship-verdict-kqed-invites-you-to-share-your-reactions,KQED Invites You to Share Your Reactions","hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/07/RS37750__DSC1024-qut-1038x576.jpg"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"So no one is responsible?\" \u003cem>- Marcia Hagen\u003c/em>\u003c/p>\n\u003cp>\"I am horrified at the jury decision. It is unconscionable that 36 dear souls roasted to death because of inaction and greed on the part of two men in a position to provide a safe environment for their guests. I am left feeling that the jury just wanted to go home - and who could blame them after months of trial and weeks of deliberations fraught with emotion. The system failed these victims and their families.\" \u003cem>- Lynda\u003c/em>\u003c/p>\n\u003cp>\"Max Harris never should have been charged and the DA should be ashamed that she charged him instead of the landlord. I could see how jurors could be split over Almena, it was not clear cut. Hopefully they can reach an agreement instead of doing another 6-month trial. This also goes to show that the judge was wrong to reject the plea bargain and the prosecutor was right to offer one, implicitly recognizing weaknesses in the case.\" \u003cem>- Jenny\u003c/em>\u003c/p>\n\u003cp>\"I followed this whole trial very closely because it was just such a tragedy. My feelings here at the end: Derick Almena is a cocky, ass who wasn’t ever thinking about something as mundane as “safety.” He was an artist! Inspiring a community! He’s a narcissist, but I don’t think he’s a murderer. Max Harris was just a young kid who got sucked into Almena’s World view. The souls who died attending a concert didn’t know what they were walking into. It’s a horrible tragedy, all around. Social services walked through the property and visited it many times, and never did anything. We all need to pay more attention and do better. Assess every situation you walk into. Know where your exits are. If your gut tells you something’s not right, trust it. It’s all just so sad.\" \u003cem>- Wyoming\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"\"I lost three friends forever. I think about them every day.\"","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Diego Aguilar-Canabal","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I have felt conflicted all along. Did Almena have bad intention? There is a lot of blame to go around — the owners of the space, the fire department, the police. There were plenty of entities that could have prevented the catastrophe. Is ruining another person’s life justice?\" \u003cem>- Debora Sayre\u003c/em>\u003c/p>\n\u003cp>\"I'm shocked and sad. As an event manager, I truly don't understand how they weren't both convicted. I've thrown illegal warehouse parties in Oakland, and the rules are 1. Make sure no one dies 2. Space must be easy to evacuate if the fuzz shows up. These guys evacuated themselves (Max went back to \"evacuate\" his cell phone and laptop) and left everyone on the second floor try[ing] to get [out of the] warehouse decorated with doors to nowhere.\" \u003cem>- Anna\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>How did the Ghost Ship fire impact you?\u003c/strong>\u003c/p>\n\u003cp>\"I like most people was overwhelmed by the tragedy. As an artist, I know how little money they had and this was the place for them to create and live. More needs to be done for artists. Look North to Seattle.\" \u003cem>- Bonnie Smith\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"ghost-ship-trial","label":"Complete Coverage of the Ghost Ship Trial "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Deeply at an emotional level as someone who's been part of similar communities. We don't fund and pay artists as we should. Many artists sacrifice lifestyle/comfort for art's sake. They should remain safe. I cried over certain musicians whose music was amazing, over the beautiful tribute wall at Highwire Coffee in Berkeley, over the young and innocent lives lost because they went out to support live music and the arts.\" \u003cem>- SCP\u003c/em>\u003c/p>\n\u003cp>\"I am a friend of the mother of one of the victims whose only child perished. Her loss and emotional well-being is unimaginable.\"\u003cem> - Lynda\u003c/em>\u003c/p>\n\u003cp>\"It fragmented and destroyed a once vibrant, open, and creative community.\" \u003cem>- Brian\u003c/em>\u003c/p>\n\u003cp>\"I lost three friends forever. I think about them every day.\" \u003cem>- Diego Aguilar-Canabal\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Some wrote a letter to one of the people lost in the fire.\u003c/strong>\u003c/p>\n\u003cp>\"Dear child of God, please know you are cherished and your mommy’s wonderful memories of your life will sustain her. She will see you on the other side and you will rejoice in her joining you after her final journey. Although I never met you, I know I missed so much — your kindness, compassion, talent and love for your many friends are your legacy. Sleep well, dear boy.\" \u003cem>- Lynda\u003c/em>\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"\"Rest in Power Jenpop. I know you're the life of the party. Elsewhere.\"","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"David Houston","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Rest in Power Jenpop. I know you're the life of the party. Elsewhere.\" \u003cem>- David Houston\u003c/em>\u003c/p>\n\u003cp>\"Dear Cash: Your life was too short, but your death was not in vain. I am one of many creatives and arts supporters who learned of your life, your contributions, and your music through the tragedy of the Ghost Ship fire. You're uniquely talented, and I now listen to your music that I so sadly only heard of after your death. Thank you for living your life on your terms and putting your work out. You are loved and missed.\"\u003cem> - SCP\u003c/em>\u003c/p>\n\u003cp>\"I understand from my own experience of the loss of my son you have to forgive and feel love for the mistakes made by all to get well emotionally to feel healthy and have a happy good life FORGIVE and let your anger go.\" \u003cem>- Kathy\u003c/em>\u003c/p>\n\u003cp>\"I am sorry to all who died that night that your life was prematurely shortened. That there aren’t safe spaces on all levels to meet and play music and create. You are loved and missed.\" \u003cem>- Debora Sayre\u003c/em>\u003c/p>\n\u003cp>\u003cem>These responses have been lightly edited. Continue to share your thoughts and reflections in the form below.\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://docs.google.com/forms/d/e/1FAIpQLSfdz-lrcRerdPWFYFk5N7qGfrLLsKcvVQ3dNF1aRcW0U27MvA/viewform?embedded=true\" width=\"640\" height=\"1306\" frameborder=\"0\" marginheight=\"0\" marginwidth=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\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>\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/11772890/ghost-ship-trial-outcome-here-are-your-reflections","authors":["236"],"categories":["news_223","news_8"],"tags":["news_21915","news_19542","news_20259","news_20258","news_25388","news_21354"],"featImg":"news_11772954","label":"news"},"news_11772671":{"type":"posts","id":"news_11772671","meta":{"index":"posts_1591205157","site":"news","id":"11772671","score":null,"sort":[1567785627000]},"guestAuthors":[],"slug":"ghost-ship-verdict-u-s-rep-eric-swalwell-chase-center","title":"Ghost Ship Verdict, U.S. Rep. Eric Swalwell, Chase Center","publishDate":1567785627,"format":"video","headTitle":"KQED Newsroom | KQED News","labelTerm":{"term":7052,"site":"news"},"content":"\u003cp>\u003cb>Ghost Ship Verdict: One Acquittal, One Mistrial\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Yesterday, a jury handed down a mixed verdict in a months-long trial over the Ghost Ship warehouse fire in Oakland in December 2016 that claimed 36 lives. The jury acquitted defendant Max Harris on all charges but couldn’t reach a decision over Derick Almena, the master tenant who was accused of illegally converting the building into a living space and violating multiple fire codes. Alameda County Superior Court Judge Trina Thompson declared a mistrial for Almena. He and Harris each faced 36 counts of involuntary manslaughter and up to 39 years in prison if convicted. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guests:\u003c/b>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Don Clyde or another KQED reporter\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Hadar Aviram, professor, UC Hastings College of the Law \u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>U.S. Rep. Eric Swalwell (D-Pleasanton)\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Next Thursday, 10 Democratic presidential candidates will face off for a debate in Houston. As Joe Biden maintains his lead, concerns are growing among some in the party that time might be running out for one of the more progressive and youthful candidates to challenge the status quo. In June, 38-year-old East Bay congressman Eric Swalwell confronted Biden on the debate stage, exhorting him to “pass the torch” to a younger generation. Although he ended his presidential bid in July, Swalwell made fighting gun violence a defining feature of his campaign and recently praised the giant retailer Walmart for its decision to end the sale of ammunition for handguns and assault weapons following a deadly shooting rampage in Texas on Saturday.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">U.S. Rep. Eric Swalwell (D-Pleasanton) \u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003cb>Warriors’ New Arena Opens\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This Friday, the Golden State Warriors’ new state-of-the-art arena opens in San Francisco. The $1.4 billion Chase Center is the first privately financed modern sports arena, owned and operated by the Warriors. But it’s more than just a place to watch basketball games. Chase Center aims to turbo-charge development in the Mission Bay neighborhood with retail space for new restaurants, office towers and a music venue for legendary acts such as Elton John, Janet Jackson and Metallica, who perform with the San Francisco Symphony on opening night. But just blocks away from the million-dollar suites and craft beers for sale are homeless encampments, a stark reminder of the Bay Area’s growing income inequality. \u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Rick Welts, president and chief operating officer, Golden State Warriors\u003c/span>\u003c/li>\n\u003c/ul>\n\n","blocks":[],"excerpt":"A jury handed down a mixed verdict in a months-long trial over the Ghost Ship warehouse fire in Oakland in December 2016 that claimed 36 lives.","status":"publish","parent":0,"modified":1567813890,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":412},"headData":{"title":"Ghost Ship Verdict, U.S. Rep. Eric Swalwell, Chase Center | KQED","description":"A jury handed down a mixed verdict in a months-long trial over the Ghost Ship warehouse fire in Oakland in December 2016 that claimed 36 lives.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Ghost Ship Verdict, U.S. Rep. Eric Swalwell, Chase Center","datePublished":"2019-09-06T16:00:27.000Z","dateModified":"2019-09-06T23:51:30.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11772671 https://ww2.kqed.org/news/?p=11772671","disqusUrl":"https://ww2.kqed.org/news/2019/09/06/ghost-ship-verdict-u-s-rep-eric-swalwell-chase-center/","disqusTitle":"Ghost Ship Verdict, U.S. Rep. Eric Swalwell, Chase Center","videoEmbed":"https://youtu.be/-swNOzsQ5XY","path":"/news/11772671/ghost-ship-verdict-u-s-rep-eric-swalwell-chase-center","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>Ghost Ship Verdict: One Acquittal, One Mistrial\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Yesterday, a jury handed down a mixed verdict in a months-long trial over the Ghost Ship warehouse fire in Oakland in December 2016 that claimed 36 lives. The jury acquitted defendant Max Harris on all charges but couldn’t reach a decision over Derick Almena, the master tenant who was accused of illegally converting the building into a living space and violating multiple fire codes. Alameda County Superior Court Judge Trina Thompson declared a mistrial for Almena. He and Harris each faced 36 counts of involuntary manslaughter and up to 39 years in prison if convicted. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guests:\u003c/b>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Don Clyde or another KQED reporter\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Hadar Aviram, professor, UC Hastings College of the Law \u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>U.S. Rep. Eric Swalwell (D-Pleasanton)\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Next Thursday, 10 Democratic presidential candidates will face off for a debate in Houston. As Joe Biden maintains his lead, concerns are growing among some in the party that time might be running out for one of the more progressive and youthful candidates to challenge the status quo. In June, 38-year-old East Bay congressman Eric Swalwell confronted Biden on the debate stage, exhorting him to “pass the torch” to a younger generation. Although he ended his presidential bid in July, Swalwell made fighting gun violence a defining feature of his campaign and recently praised the giant retailer Walmart for its decision to end the sale of ammunition for handguns and assault weapons following a deadly shooting rampage in Texas on Saturday.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">U.S. Rep. Eric Swalwell (D-Pleasanton) \u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003cb>Warriors’ New Arena Opens\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This Friday, the Golden State Warriors’ new state-of-the-art arena opens in San Francisco. The $1.4 billion Chase Center is the first privately financed modern sports arena, owned and operated by the Warriors. But it’s more than just a place to watch basketball games. Chase Center aims to turbo-charge development in the Mission Bay neighborhood with retail space for new restaurants, office towers and a music venue for legendary acts such as Elton John, Janet Jackson and Metallica, who perform with the San Francisco Symphony on opening night. But just blocks away from the million-dollar suites and craft beers for sale are homeless encampments, a stark reminder of the Bay Area’s growing income inequality. \u003c/span>\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>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Rick Welts, president and chief operating officer, Golden State Warriors\u003c/span>\u003c/li>\n\u003c/ul>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11772671/ghost-ship-verdict-u-s-rep-eric-swalwell-chase-center","authors":["236"],"programs":["news_7052"],"categories":["news_6188","news_8","news_13"],"tags":["news_26589","news_21915","news_20910","news_25388","news_21354","news_5805"],"featImg":"news_11772674","label":"news_7052"},"news_11764921":{"type":"posts","id":"news_11764921","meta":{"index":"posts_1591205157","site":"news","id":"11764921","score":null,"sort":[1567722613000]},"guestAuthors":[],"slug":"ghost-ship-defendant-max-harris-acquitted-of-all-charges-jury-hung-on-derick-almena","title":"Ghost Ship Jury Unable to Reach Verdict for Derick Almena, Acquits Max Harris","publishDate":1567722613,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>The criminal trial of Derick Almena and Max Harris, each charged with 36 counts of involuntary manslaughter in the 2016 Oakland Ghost Ship warehouse fire, ended in a mixed decision on Thursday. \u003c/p>\n\u003cp>The jury was unable to reach a unanimous verdict for Almena, the Ghost Ship's master tenant, with 10 jurors finding him guilty and two jurors finding him not guilty. A hearing on a possible retrial for Almena is scheduled for Oct. 4, according to the Alameda County District Attorney's Office and Almena's defense attorneys.\u003c/p>\n\u003cp>Harris, who has been described as the Ghost Ship's creative director and second-in-command, was acquitted of all charges. Harris was released from Santa Rita Jail Thursday night, according to the Alameda County Sheriff's Office.\u003c/p>\n\u003cp>[aside label=\"The Ghost Ship Decision\" link1=\"https://www.kqed.org/news/11764634/ghost-ship-verdict-kqed-invites-you-to-share-your-reactions,KQED Invites You to Share Your Reactions\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/07/RS37750__DSC1024-qut-1038x576.jpg\"]\u003c/p>\n\u003cp>The announcement of the deadlock and acquittal came after more than five months of arguments, examination, cross-examination, dismissed jurors and one restart to deliberations.\u003c/p>\n\u003cp>\"We've always felt that Max was innocent, we've always felt that it was a clear case. ... It's scary to have an innocent client that's been in jail for two years,\" said Curtis Briggs, lead attorney for Harris.\u003c/p>\n\u003cp>\"I'm relieved, but my thoughts are with the families right now. I don't want to lose sight, and Max Harris doesn't want to lose sight of the fact that the families are suffering, families who have suffered a great loss. Regardless of our opinions on the case, we acknowledge that it's very difficult.\"\u003c/p>\n\u003cp>Referencing the outcome for Almena, Briggs added, \"Until they put the owners of the warehouse on trial, they will continue to get a mistrial.\"\u003c/p>\n\u003cp>Tony Serra, who represents Almena, said the mistrial today was not a victory for his client.\u003c/p>\n\u003cp>https://twitter.com/jersiegel/status/1169730003296088066\u003c/p>\n\u003cp>\"I'm pained. I'm anguished. I'm frustrated, but God damn it, we will win next time,\" referring to a possible retrial for Almena.\u003c/p>\n\u003cp>Serra said Almena turned to him following the verdict and asked if Harris could be a defense witness in a future retrial.\u003c/p>\n\u003cp>\"The families are disappointed in the verdicts today, the results of today,\" said Mary Alexander, lead attorney for families of Ghost Ship fire victims in an upcoming, separate civil case. \u003c/p>\n\u003cp>\"We look forward to proving the case against the city of Oakland. The city knew, the police knew, the firemen knew that this place had people in it, that they were using it like a cabaret.\"\u003c/p>\n\u003cp>https://twitter.com/jersiegel/status/1169751027035209728\u003c/p>\n\u003cp>https://twitter.com/AnnikaSCline/status/1169754718639284225\u003c/p>\n\u003cp>At a courthouse press conference, Alameda County Chief Assistant District Attorney Kevin Dunleavy said his office remains focused on victims' families.\u003c/p>\n\u003cp>\"Since the beginning of this case, our hearts have been with the families of the 36 victims that died in this unspeakable tragedy,\" he said. \"That still remains our focus, and that will be our focus going forward. The verdict is in against Max Harris. We are going to evaluate our prosecution as it relates to Derick Almena.\"\u003c/p>\n\u003cp>Several relatives of victims of the 2016 fire expressed shock at the decisions of the jury.\u003c/p>\n\u003cp>Mary Vega, who lost her 22-year-old son Alex in the fire, said both Harris and Almena should have been found guilty.\u003c/p>\n\u003cp>\"Everybody's guilty. I lost my son cause of this. And this is what happens? I am not happy about this,\" Vega said.\u003c/p>\n\u003cp>In a statement, District Attorney Nancy O’Malley expressed disappointment.\u003c/p>\n\u003cp>\"While I am disappointed in today’s outcome, I must respect the thoroughness and thoughtfulness of each juror in this matter, as well as the outcome of their deliberations,\" she said.\u003c/p>\n\u003cfigure id=\"attachment_11767676\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2020/08/Ghost-Ship-Firefighters-800x540.jpg\" alt=\"Firefighters work outside the Ghost Ship warehouse on the morning of Dec. 3, 2016 in Oakland, the day after a fire there claimed the lives of 36 people.\" width=\"800\" height=\"540\" class=\"size-medium wp-image-11767676\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/08/Ghost-Ship-Firefighters-800x540.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/08/Ghost-Ship-Firefighters-160x108.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/08/Ghost-Ship-Firefighters-1020x689.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/08/Ghost-Ship-Firefighters-1200x810.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2020/08/Ghost-Ship-Firefighters.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Firefighters work outside the Ghost Ship warehouse on the morning of Dec. 3, 2016 in Oakland, the day after a fire there claimed the lives of 36 people. \u003ccite>(Elijah Nouvelage/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>The Ghost Ship Criminal Trial\u003c/h2>\n\u003cp>The East Oakland warehouse known as the Ghost Ship caught fire just after 11 p.m. on Dec. 2, 2016, the night of an electronic music party, killing 35 concertgoers and one tenant. Fire investigators never determined the cause of the conflagration.\u003c/p>\n\u003cp>The prosecution had argued 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.\u003c/p>\n\u003cp>Alameda County Deputy District Attorney Autrey James \u003ca href=\"https://www.kqed.org/news/11743815/prosecutor-says-ghost-ship-victims-had-no-notice-no-time-and-no-exits\" target=\"_blank\" rel=\"noopener\">argued\u003c/a> that the victims didn't have enough notice, time or the ability to exit, due to a lack of sprinklers, alarms and adequate exit signage.\u003c/p>\n\u003cp>[aside tag='ghost-ship-trial' label='Complete Coverage of the Ghost Ship Trial']\u003c/p>\n\u003cp>James \u003ca href=\"https://www.kqed.org/news/11763874/ghost-ship-victims-had-no-notice-and-no-exits-prosecutors-repeat-in-closing-arguments\" target=\"_blank\" rel=\"noopener\">also argued\u003c/a> 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>Almena testified that he didn't get any permits for any of the work done in the warehouse and \u003ca href=\"https://www.kqed.org/news/11760153/ghost-ship-trial-defendant-testifies-he-believed-dwellings-could-be-built-in-warehouse\" target=\"_blank\" rel=\"noopener\">said he thought contractors would get them\u003c/a>.\u003c/p>\n\u003cp>Almena also testified that landlord Eva Ng — daughter of warehouse owner Chor Ng — had asked him to get permits but that he had declined, and that \"early on\" in the immediate months after signing the lease \u003ca href=\"https://www.kqed.org/news/11760427/ghost-ship-defendant-says-he-wont-blame-anybody-for-deadly-warehouse-fire\" target=\"_blank\" rel=\"noopener\">he had asked the Ngs to obtain the proper permits\u003c/a>.\u003c/p>\n\u003cp>Prosecutors described the interior of the building as a maze stuffed from floor to ceiling with highly flammable materials, including wood, tapestries, statues, furniture and other improvised building components, such as pianos and windows used to delineate hallways and living spaces.\u003c/p>\n\u003cp>The prosecution also argued Harris acted as a kind of second-in-command, collecting rents, issuing eviction notices and helping to organize events like the one on Dec. 2.\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>[ad fullwidth]\u003c/p>\n\u003cp>Both Curtis Briggs, who represents Harris, and Tony Serra, who represents Almena, also argued that testimony by at least seven witnesses pointed to arson as the cause of the deadly conflagration and that Almena and Harris couldn't have done anything to prevent it. James said in his \u003ca href=\"https://www.kqed.org/news/11764513/ghost-ship-trial-handed-to-jury-victims-families-await-verdict\" target=\"_blank\" rel=\"noopener\">rebuttal to the defense's closing arguments\u003c/a> that there was no evidence of arson and called testimony by a key witness \"unbelievable.\"\u003c/p>\n\u003cp>Briggs also said Harris' duties at the warehouse were janitorial and not managerial. Harris testified he had only \u003ca href=\"https://www.kqed.org/news/11755274/co-defendant-max-harris-tells-jury-there-was-no-sort-of-authority-figure-at-ghost-ship\" target=\"_blank\" rel=\"noopener\">used terms like creative or executive director ironically, and said the Ghost Ship was a nonhierarchical collective\u003c/a>. Briggs argued that his client did not have any role in signing the lease and had not even lived in the warehouse when major modifications to the building were made, including the installation of a set of stairs and a side fire exit, both of which Almena neglected to get permits for.\u003c/p>\n\u003cp>The defense also said in closing arguments that their clients were scapegoats for the city of Oakland, which Serra says 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\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>[aside link1='https://www.kqed.org/arts/program/oakland-warehouse-memorial,Honoring Those Lost to the Ghost Ship Fire' hero='https://ww2.kqed.org/arts/wp-content/uploads/sites/2/2016/12/ARTS_OAKLANDFIRE_featured_image-nologo.jpg']\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. He pointed to a 30-page letter to probation officers in which the judge said Almena cast himself as a \"victim and a witness.\"\u003c/p>\n\u003cp>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>The judge's decision also came a day after more than two dozen mothers, brothers, friends and other family members of the 36 victims \u003ca href=\"https://www.kqed.org/news/11686120/loved-ones-of-the-ghost-ships-dead-decry-plea-deal-brokered-in-their-name\" target=\"_blank\" rel=\"noopener\">told stories of their dead loved ones and criticized the plea deal\u003c/a> reportedly struck to spare them the pain of a criminal trial.\u003c/p>\n\u003cp>After Cramer rejected the deal, Almena said, \"If I could give each one of you my life, if I could give you my children's lives, I would.\"\u003c/p>\n\u003cp>Prosecutor Autrey James told the judge after Almena's statement that the victims' families were offended by many of the things he had said.\u003c/p>\n\u003ch2>The Civil Trial\u003c/h2>\n\u003cp>Victims' families have alleged in lawsuits that several Oakland city agencies failed in their duty to inspect the Ghost Ship warehouse building or follow up on complaints about the premises.\u003c/p>\n\u003cp>The lawsuits also claim PG&E failed to properly monitor, inspect and repair electrical equipment that provided power to the building. Warehouse owner Chor Ng is also a defendant in the civil case.\u003c/p>\n\u003cp>Mary Alexander, the lead counsel in the civil case, said on July 15 that the trial is scheduled to begin next May.\u003c/p>\n\u003cp>\u003cem>KQED reporters Jeremy Siegel and Annika Cline contributed to this post.\u003c/em>\u003cbr>\n\u003cem>This post has been updated.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"A jury on Thursday was unable to reach a verdict for Ghost Ship master tenant Derick Almena. Almena and co-defendant Max Harris were each charged with 36 counts of involuntary manslaughter in Oakland's deadly 2016 warehouse fire. Harris was acquitted of all charges.","status":"publish","parent":0,"modified":1567795899,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":49,"wordCount":1702},"headData":{"title":"Ghost Ship Jury Unable to Reach Verdict for Derick Almena, Acquits Max Harris | KQED","description":"A jury on Thursday was unable to reach a verdict for Ghost Ship master tenant Derick Almena. Almena and co-defendant Max Harris were each charged with 36 counts of involuntary manslaughter in Oakland's deadly 2016 warehouse fire. Harris was acquitted of all charges.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Ghost Ship Jury Unable to Reach Verdict for Derick Almena, Acquits Max Harris","datePublished":"2019-09-05T22:30:13.000Z","dateModified":"2019-09-06T18:51:39.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11764921 https://ww2.kqed.org/news/?p=11764921","disqusUrl":"https://ww2.kqed.org/news/2019/09/05/ghost-ship-defendant-max-harris-acquitted-of-all-charges-jury-hung-on-derick-almena/","disqusTitle":"Ghost Ship Jury Unable to Reach Verdict for Derick Almena, Acquits Max Harris","source":"News","sourceUrl":"https://www.kqed.org/news/","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2019/09/Clyde2wayGhostShipBseg.mp3","audioTrackLength":252,"path":"/news/11764921/ghost-ship-defendant-max-harris-acquitted-of-all-charges-jury-hung-on-derick-almena","audioDuration":274000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The criminal trial of Derick Almena and Max Harris, each charged with 36 counts of involuntary manslaughter in the 2016 Oakland Ghost Ship warehouse fire, ended in a mixed decision on Thursday. \u003c/p>\n\u003cp>The jury was unable to reach a unanimous verdict for Almena, the Ghost Ship's master tenant, with 10 jurors finding him guilty and two jurors finding him not guilty. A hearing on a possible retrial for Almena is scheduled for Oct. 4, according to the Alameda County District Attorney's Office and Almena's defense attorneys.\u003c/p>\n\u003cp>Harris, who has been described as the Ghost Ship's creative director and second-in-command, was acquitted of all charges. Harris was released from Santa Rita Jail Thursday night, according to the Alameda County Sheriff's Office.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"The Ghost Ship Decision ","link1":"https://www.kqed.org/news/11764634/ghost-ship-verdict-kqed-invites-you-to-share-your-reactions,KQED Invites You to Share Your Reactions","hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/07/RS37750__DSC1024-qut-1038x576.jpg"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The announcement of the deadlock and acquittal came after more than five months of arguments, examination, cross-examination, dismissed jurors and one restart to deliberations.\u003c/p>\n\u003cp>\"We've always felt that Max was innocent, we've always felt that it was a clear case. ... It's scary to have an innocent client that's been in jail for two years,\" said Curtis Briggs, lead attorney for Harris.\u003c/p>\n\u003cp>\"I'm relieved, but my thoughts are with the families right now. I don't want to lose sight, and Max Harris doesn't want to lose sight of the fact that the families are suffering, families who have suffered a great loss. Regardless of our opinions on the case, we acknowledge that it's very difficult.\"\u003c/p>\n\u003cp>Referencing the outcome for Almena, Briggs added, \"Until they put the owners of the warehouse on trial, they will continue to get a mistrial.\"\u003c/p>\n\u003cp>Tony Serra, who represents Almena, said the mistrial today was not a victory for his client.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1169730003296088066"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>\"I'm pained. I'm anguished. I'm frustrated, but God damn it, we will win next time,\" referring to a possible retrial for Almena.\u003c/p>\n\u003cp>Serra said Almena turned to him following the verdict and asked if Harris could be a defense witness in a future retrial.\u003c/p>\n\u003cp>\"The families are disappointed in the verdicts today, the results of today,\" said Mary Alexander, lead attorney for families of Ghost Ship fire victims in an upcoming, separate civil case. \u003c/p>\n\u003cp>\"We look forward to proving the case against the city of Oakland. The city knew, the police knew, the firemen knew that this place had people in it, that they were using it like a cabaret.\"\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1169751027035209728"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1169754718639284225"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>At a courthouse press conference, Alameda County Chief Assistant District Attorney Kevin Dunleavy said his office remains focused on victims' families.\u003c/p>\n\u003cp>\"Since the beginning of this case, our hearts have been with the families of the 36 victims that died in this unspeakable tragedy,\" he said. \"That still remains our focus, and that will be our focus going forward. The verdict is in against Max Harris. We are going to evaluate our prosecution as it relates to Derick Almena.\"\u003c/p>\n\u003cp>Several relatives of victims of the 2016 fire expressed shock at the decisions of the jury.\u003c/p>\n\u003cp>Mary Vega, who lost her 22-year-old son Alex in the fire, said both Harris and Almena should have been found guilty.\u003c/p>\n\u003cp>\"Everybody's guilty. I lost my son cause of this. And this is what happens? I am not happy about this,\" Vega said.\u003c/p>\n\u003cp>In a statement, District Attorney Nancy O’Malley expressed disappointment.\u003c/p>\n\u003cp>\"While I am disappointed in today’s outcome, I must respect the thoroughness and thoughtfulness of each juror in this matter, as well as the outcome of their deliberations,\" she said.\u003c/p>\n\u003cfigure id=\"attachment_11767676\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2020/08/Ghost-Ship-Firefighters-800x540.jpg\" alt=\"Firefighters work outside the Ghost Ship warehouse on the morning of Dec. 3, 2016 in Oakland, the day after a fire there claimed the lives of 36 people.\" width=\"800\" height=\"540\" class=\"size-medium wp-image-11767676\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/08/Ghost-Ship-Firefighters-800x540.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/08/Ghost-Ship-Firefighters-160x108.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/08/Ghost-Ship-Firefighters-1020x689.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/08/Ghost-Ship-Firefighters-1200x810.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2020/08/Ghost-Ship-Firefighters.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Firefighters work outside the Ghost Ship warehouse on the morning of Dec. 3, 2016 in Oakland, the day after a fire there claimed the lives of 36 people. \u003ccite>(Elijah Nouvelage/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>The Ghost Ship Criminal Trial\u003c/h2>\n\u003cp>The East Oakland warehouse known as the Ghost Ship caught fire just after 11 p.m. on Dec. 2, 2016, the night of an electronic music party, killing 35 concertgoers and one tenant. Fire investigators never determined the cause of the conflagration.\u003c/p>\n\u003cp>The prosecution had argued 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.\u003c/p>\n\u003cp>Alameda County Deputy District Attorney Autrey James \u003ca href=\"https://www.kqed.org/news/11743815/prosecutor-says-ghost-ship-victims-had-no-notice-no-time-and-no-exits\" target=\"_blank\" rel=\"noopener\">argued\u003c/a> that the victims didn't have enough notice, time or the ability to exit, due to a lack of sprinklers, alarms and adequate exit signage.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"ghost-ship-trial","label":"Complete Coverage of the Ghost Ship Trial "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>James \u003ca href=\"https://www.kqed.org/news/11763874/ghost-ship-victims-had-no-notice-and-no-exits-prosecutors-repeat-in-closing-arguments\" target=\"_blank\" rel=\"noopener\">also argued\u003c/a> 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>Almena testified that he didn't get any permits for any of the work done in the warehouse and \u003ca href=\"https://www.kqed.org/news/11760153/ghost-ship-trial-defendant-testifies-he-believed-dwellings-could-be-built-in-warehouse\" target=\"_blank\" rel=\"noopener\">said he thought contractors would get them\u003c/a>.\u003c/p>\n\u003cp>Almena also testified that landlord Eva Ng — daughter of warehouse owner Chor Ng — had asked him to get permits but that he had declined, and that \"early on\" in the immediate months after signing the lease \u003ca href=\"https://www.kqed.org/news/11760427/ghost-ship-defendant-says-he-wont-blame-anybody-for-deadly-warehouse-fire\" target=\"_blank\" rel=\"noopener\">he had asked the Ngs to obtain the proper permits\u003c/a>.\u003c/p>\n\u003cp>Prosecutors described the interior of the building as a maze stuffed from floor to ceiling with highly flammable materials, including wood, tapestries, statues, furniture and other improvised building components, such as pianos and windows used to delineate hallways and living spaces.\u003c/p>\n\u003cp>The prosecution also argued Harris acted as a kind of second-in-command, collecting rents, issuing eviction notices and helping to organize events like the one on Dec. 2.\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>\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>Both Curtis Briggs, who represents Harris, and Tony Serra, who represents Almena, also argued that testimony by at least seven witnesses pointed to arson as the cause of the deadly conflagration and that Almena and Harris couldn't have done anything to prevent it. James said in his \u003ca href=\"https://www.kqed.org/news/11764513/ghost-ship-trial-handed-to-jury-victims-families-await-verdict\" target=\"_blank\" rel=\"noopener\">rebuttal to the defense's closing arguments\u003c/a> that there was no evidence of arson and called testimony by a key witness \"unbelievable.\"\u003c/p>\n\u003cp>Briggs also said Harris' duties at the warehouse were janitorial and not managerial. Harris testified he had only \u003ca href=\"https://www.kqed.org/news/11755274/co-defendant-max-harris-tells-jury-there-was-no-sort-of-authority-figure-at-ghost-ship\" target=\"_blank\" rel=\"noopener\">used terms like creative or executive director ironically, and said the Ghost Ship was a nonhierarchical collective\u003c/a>. Briggs argued that his client did not have any role in signing the lease and had not even lived in the warehouse when major modifications to the building were made, including the installation of a set of stairs and a side fire exit, both of which Almena neglected to get permits for.\u003c/p>\n\u003cp>The defense also said in closing arguments that their clients were scapegoats for the city of Oakland, which Serra says 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\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>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"link1":"https://www.kqed.org/arts/program/oakland-warehouse-memorial,Honoring Those Lost to the Ghost Ship Fire","hero":"https://ww2.kqed.org/arts/wp-content/uploads/sites/2/2016/12/ARTS_OAKLANDFIRE_featured_image-nologo.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\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. He pointed to a 30-page letter to probation officers in which the judge said Almena cast himself as a \"victim and a witness.\"\u003c/p>\n\u003cp>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>The judge's decision also came a day after more than two dozen mothers, brothers, friends and other family members of the 36 victims \u003ca href=\"https://www.kqed.org/news/11686120/loved-ones-of-the-ghost-ships-dead-decry-plea-deal-brokered-in-their-name\" target=\"_blank\" rel=\"noopener\">told stories of their dead loved ones and criticized the plea deal\u003c/a> reportedly struck to spare them the pain of a criminal trial.\u003c/p>\n\u003cp>After Cramer rejected the deal, Almena said, \"If I could give each one of you my life, if I could give you my children's lives, I would.\"\u003c/p>\n\u003cp>Prosecutor Autrey James told the judge after Almena's statement that the victims' families were offended by many of the things he had said.\u003c/p>\n\u003ch2>The Civil Trial\u003c/h2>\n\u003cp>Victims' families have alleged in lawsuits that several Oakland city agencies failed in their duty to inspect the Ghost Ship warehouse building or follow up on complaints about the premises.\u003c/p>\n\u003cp>The lawsuits also claim PG&E failed to properly monitor, inspect and repair electrical equipment that provided power to the building. Warehouse owner Chor Ng is also a defendant in the civil case.\u003c/p>\n\u003cp>Mary Alexander, the lead counsel in the civil case, said on July 15 that the trial is scheduled to begin next May.\u003c/p>\n\u003cp>\u003cem>KQED reporters Jeremy Siegel and Annika Cline contributed to this post.\u003c/em>\u003cbr>\n\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/11764921/ghost-ship-defendant-max-harris-acquitted-of-all-charges-jury-hung-on-derick-almena","authors":["104","182"],"programs":["news_72"],"categories":["news_223","news_6188","news_8"],"tags":["news_21915","news_19542","news_20259","news_25388","news_21354","news_17041"],"featImg":"news_11772489","label":"source_news_11764921"},"news_11768668":{"type":"posts","id":"news_11768668","meta":{"index":"posts_1591205157","site":"news","id":"11768668","score":null,"sort":[1566336170000]},"guestAuthors":[],"slug":"at-least-2-jurors-dismissed-in-ghost-ship-trial-could-be-held-in-contempt-of-court","title":"At Least 2 Jurors Dismissed in Ghost Ship Trial Could Be Held in Contempt of Court","publishDate":1566336170,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Alameda County Superior Court Judge Trina Thompson said in court Tuesday that two of \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 jurors dismissed Monday\u003c/a> could be held in contempt for violating court orders in the trial of two men, each charged with 36 counts of involuntary manslaughter in the deadly 2016 Ghost Ship warehouse fire in Oakland.\u003c/p>\n\u003cp>The dismissal prompted the replacement of the jurors with three alternates, restarting deliberations from scratch. The previous jury had been on Day 10 of deliberations. The current jury was also told to disregard all previous deliberations.\u003c/p>\n\u003cp>Thompson said juror misconduct occurred late last Thursday, but did not elaborate about what the misconduct may have been. Discussions were held in closed session Monday, and a gag order prevents attorneys from speaking to the media.\u003c/p>\n\u003cp>Thompson described the two as “offending” jurors and the third as “non-offending.” Thompson said she is waiting for information from the non-offending juror.\u003c/p>\n\u003cp>Attorney Brian Getz, who represents Ghost Ship master tenant Derick Almena, said in court that all three dismissed jurors should be considered offending jurors, saying “failure to report misconduct is misconduct itself.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Thompson said the remaining jurors could remain because the misconduct did not impact the deliberations.\u003c/p>\n\u003cp>Almena and Max Harris, who has sometimes been referred to as the Ghost Ship's creative director, both face 36 counts of involuntary manslaughter for the blaze that killed 35 concertgoers and one tenant the night of a Dec. 2, 2016, electronic music event.\u003c/p>\n\u003cp>[aside tag='ghost-ship-trial' label='More Ghost Ship Trial Coverage']\u003c/p>\n\u003cp>The prosecution argued during the trial that Almena and Harris illegally converted the warehouse into a living space with total disregard for safety.\u003c/p>\n\u003cp>The defense argued the warehouse was safe, and that the deadly fire was caused by an act of arson.\u003c/p>\n\u003cp>Juror schedules were also discussed Tuesday. The jury is already scheduled to take a long break from Aug. 22 through Sept. 3.\u003c/p>\n\u003cp>The newly empaneled jurors had apparently made vacation plans, with one requesting time off from Sept. 9 through Oct. 6. Judge Thompson is requesting documents regarding prepaid and non-refundable travel plans.\u003c/p>\n\u003cp>Thompson also addressed the prosecution and defense, saying \"at all times the court must conduct itself in a professional manner.\" She said the court would not tolerate name-calling and inappropriate gestures.\u003c/p>\n\u003cp>Thompson also reiterated to the jury that they are sequestered during lunch, and that lunch will be provided for them. She said the jury could work through lunch, if desired.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Deliberations are ongoing.\u003c/p>\n\n","blocks":[],"excerpt":"Three jurors were dismissed Monday, prompting their replacement. Deliberations then restarted from scratch in the trial of two men charged with 36 counts of involuntary manslaughter in the 2016 Oakland warehouse fire.","status":"publish","parent":0,"modified":1566512326,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":419},"headData":{"title":"At Least 2 Jurors Dismissed in Ghost Ship Trial Could Be Held in Contempt of Court | KQED","description":"Three jurors were dismissed Monday, prompting their replacement. Deliberations then restarted from scratch in the trial of two men charged with 36 counts of involuntary manslaughter in the 2016 Oakland warehouse fire.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"At Least 2 Jurors Dismissed in Ghost Ship Trial Could Be Held in Contempt of Court","datePublished":"2019-08-20T21:22:50.000Z","dateModified":"2019-08-22T22:18:46.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11768668 https://ww2.kqed.org/news/?p=11768668","disqusUrl":"https://ww2.kqed.org/news/2019/08/20/at-least-2-jurors-dismissed-in-ghost-ship-trial-could-be-held-in-contempt-of-court/","disqusTitle":"At Least 2 Jurors Dismissed in Ghost Ship Trial Could Be Held in Contempt of Court","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2019/08/clyded20190823.mp3","audioTrackLength":67,"path":"/news/11768668/at-least-2-jurors-dismissed-in-ghost-ship-trial-could-be-held-in-contempt-of-court","audioDuration":67000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alameda County Superior Court Judge Trina Thompson said in court Tuesday that two of \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 jurors dismissed Monday\u003c/a> could be held in contempt for violating court orders in the trial of two men, each charged with 36 counts of involuntary manslaughter in the deadly 2016 Ghost Ship warehouse fire in Oakland.\u003c/p>\n\u003cp>The dismissal prompted the replacement of the jurors with three alternates, restarting deliberations from scratch. The previous jury had been on Day 10 of deliberations. The current jury was also told to disregard all previous deliberations.\u003c/p>\n\u003cp>Thompson said juror misconduct occurred late last Thursday, but did not elaborate about what the misconduct may have been. Discussions were held in closed session Monday, and a gag order prevents attorneys from speaking to the media.\u003c/p>\n\u003cp>Thompson described the two as “offending” jurors and the third as “non-offending.” Thompson said she is waiting for information from the non-offending juror.\u003c/p>\n\u003cp>Attorney Brian Getz, who represents Ghost Ship master tenant Derick Almena, said in court that all three dismissed jurors should be considered offending jurors, saying “failure to report misconduct is misconduct itself.\"\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>Thompson said the remaining jurors could remain because the misconduct did not impact the deliberations.\u003c/p>\n\u003cp>Almena and Max Harris, who has sometimes been referred to as the Ghost Ship's creative director, both face 36 counts of involuntary manslaughter for the blaze that killed 35 concertgoers and one tenant the night of a Dec. 2, 2016, electronic music event.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"ghost-ship-trial","label":"More Ghost Ship Trial Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The prosecution argued during the trial that Almena and Harris illegally converted the warehouse into a living space with total disregard for safety.\u003c/p>\n\u003cp>The defense argued the warehouse was safe, and that the deadly fire was caused by an act of arson.\u003c/p>\n\u003cp>Juror schedules were also discussed Tuesday. The jury is already scheduled to take a long break from Aug. 22 through Sept. 3.\u003c/p>\n\u003cp>The newly empaneled jurors had apparently made vacation plans, with one requesting time off from Sept. 9 through Oct. 6. Judge Thompson is requesting documents regarding prepaid and non-refundable travel plans.\u003c/p>\n\u003cp>Thompson also addressed the prosecution and defense, saying \"at all times the court must conduct itself in a professional manner.\" She said the court would not tolerate name-calling and inappropriate gestures.\u003c/p>\n\u003cp>Thompson also reiterated to the jury that they are sequestered during lunch, and that lunch will be provided for them. She said the jury could work through lunch, if desired.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Deliberations are ongoing.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11768668/at-least-2-jurors-dismissed-in-ghost-ship-trial-could-be-held-in-contempt-of-court","authors":["104"],"categories":["news_223","news_6188","news_8"],"tags":["news_21915","news_20259","news_25388","news_21354"],"featImg":"news_11737489","label":"news"},"news_11768501":{"type":"posts","id":"news_11768501","meta":{"index":"posts_1591205157","site":"news","id":"11768501","score":null,"sort":[1566255185000]},"guestAuthors":[],"slug":"3-jurors-in-ghost-ship-trial-replaced-deliberations-must-begin-all-over-again","title":"3 Jurors in Ghost Ship Trial Replaced – Deliberations Must Begin All Over Again","publishDate":1566255185,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Alameda County Superior Court Judge Trina Thompson on Monday dismissed three jurors in the criminal trial of Derick Almena and Max Harris, each charged with 36 counts of involuntary manslaughter in the 2016 Oakland Ghost Ship warehouse fire. \u003c/p>\n\u003cp>The jurors have been replaced with three alternate jurors, and deliberations — which have already gone on for 10 days — must now begin all over again. \u003c/p>\n\u003cp>The development comes more than four months after the trial began.\u003c/p>\n\u003cp>Judge Thompson did not immediately provide a reason for the jurors' replacement. The new jury restarted deliberations Monday afternoon after the announcement. They were told to disregard previous deliberations.\u003c/p>\n\u003cp>Thompson reissued jury instructions, including not to \"interact in any way with a news agency.\"\u003c/p>\n\u003cp>A gag order has also been reinstated in the trial, and the defense and prosecution were forbidden to speaking to the press after court recessed for the day.\u003c/p>\n\u003cp>https://twitter.com/ClydeDon/status/1163577078689619969?s=20\u003c/p>\n\u003cp>The jury is now made up of seven women and five men, whereas the previous jury was made up of nine women and three men.\u003c/p>\n\u003cp>The East Oakland warehouse known as the Ghost Ship caught fire just after 11 p.m. on Dec. 2, 2016, the night of an electronic music party, killing 35 concertgoers and one tenant. \u003c/p>\n\u003cp>[aside label=\"The Ghost Ship Trial\" tag=\"ghost-ship-trial\"]\u003c/p>\n\u003cp>Fire investigators never determined the cause of the blaze.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11763874/ghost-ship-victims-had-no-notice-and-no-exits-prosecutors-repeat-in-closing-arguments\" rel=\"noopener\" target=\"_blank\">prosecution had argued\u003c/a> that the actions of Almena, the Ghost Ship's master tenant, and Harris, who has been described as creative director and second-in-command, 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.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11764170/ghost-ship-defense-says-many-violations-pre-dated-max-harris-living-at-warehouse\" rel=\"noopener\" target=\"_blank\">defense\u003c/a> 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>The new jury will resume their second day of deliberations. The court has already received six notes from six different jurors, which will be dealt with in court Tuesday morning.\u003c/p>\n\u003cp>\u003cem>KQED's Don Clyde contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"An Oakland judge on Monday dismissed three jurors in the criminal trial of Derick Almena and Max Harris, each charged with 36 counts of involuntary manslaughter in the 2016 Ghost Ship warehouse fire.","status":"publish","parent":0,"modified":1566262744,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":399},"headData":{"title":"3 Jurors in Ghost Ship Trial Replaced – Deliberations Must Begin All Over Again | KQED","description":"An Oakland judge on Monday dismissed three jurors in the criminal trial of Derick Almena and Max Harris, each charged with 36 counts of involuntary manslaughter in the 2016 Ghost Ship warehouse fire.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"3 Jurors in Ghost Ship Trial Replaced – Deliberations Must Begin All Over Again","datePublished":"2019-08-19T22:53:05.000Z","dateModified":"2019-08-20T00:59:04.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11768501 https://ww2.kqed.org/news/?p=11768501","disqusUrl":"https://ww2.kqed.org/news/2019/08/19/3-jurors-in-ghost-ship-trial-replaced-deliberations-must-begin-all-over-again/","disqusTitle":"3 Jurors in Ghost Ship Trial Replaced – Deliberations Must Begin All Over Again","path":"/news/11768501/3-jurors-in-ghost-ship-trial-replaced-deliberations-must-begin-all-over-again","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alameda County Superior Court Judge Trina Thompson on Monday dismissed three jurors in the criminal trial of Derick Almena and Max Harris, each charged with 36 counts of involuntary manslaughter in the 2016 Oakland Ghost Ship warehouse fire. \u003c/p>\n\u003cp>The jurors have been replaced with three alternate jurors, and deliberations — which have already gone on for 10 days — must now begin all over again. \u003c/p>\n\u003cp>The development comes more than four months after the trial began.\u003c/p>\n\u003cp>Judge Thompson did not immediately provide a reason for the jurors' replacement. The new jury restarted deliberations Monday afternoon after the announcement. They were told to disregard previous deliberations.\u003c/p>\n\u003cp>Thompson reissued jury instructions, including not to \"interact in any way with a news agency.\"\u003c/p>\n\u003cp>A gag order has also been reinstated in the trial, and the defense and prosecution were forbidden to speaking to the press after court recessed for the day.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1163577078689619969"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>The jury is now made up of seven women and five men, whereas the previous jury was made up of nine women and three men.\u003c/p>\n\u003cp>The East Oakland warehouse known as the Ghost Ship caught fire just after 11 p.m. on Dec. 2, 2016, the night of an electronic music party, killing 35 concertgoers and one tenant. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"The Ghost Ship Trial ","tag":"ghost-ship-trial"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Fire investigators never determined the cause of the blaze.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11763874/ghost-ship-victims-had-no-notice-and-no-exits-prosecutors-repeat-in-closing-arguments\" rel=\"noopener\" target=\"_blank\">prosecution had argued\u003c/a> that the actions of Almena, the Ghost Ship's master tenant, and Harris, who has been described as creative director and second-in-command, 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.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11764170/ghost-ship-defense-says-many-violations-pre-dated-max-harris-living-at-warehouse\" rel=\"noopener\" target=\"_blank\">defense\u003c/a> 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>The new jury will resume their second day of deliberations. The court has already received six notes from six different jurors, which will be dealt with in court Tuesday morning.\u003c/p>\n\u003cp>\u003cem>KQED's Don Clyde contributed to this report.\u003c/em>\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>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11768501/3-jurors-in-ghost-ship-trial-replaced-deliberations-must-begin-all-over-again","authors":["182"],"categories":["news_223","news_6188","news_8"],"tags":["news_21915","news_19542","news_20259","news_25388","news_21354","news_18"],"featImg":"news_11768521","label":"news"},"news_11764513":{"type":"posts","id":"news_11764513","meta":{"index":"posts_1591205157","site":"news","id":"11764513","score":null,"sort":[1564613100000]},"guestAuthors":[],"slug":"ghost-ship-trial-handed-to-jury-victims-families-await-verdict","title":"Ghost Ship Trial Handed to Jury, Victims' Families Await Verdict","publishDate":1564613100,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The jury began deliberations Wednesday afternoon in the trial of two men, each charged with 36 counts of involuntary manslaughter for the deadly 2016 Ghost Ship warehouse fire in Oakland.\u003c/p>\n\u003cp>The prosecution, \u003ca href=\"https://www.kqed.org/news/11763874/ghost-ship-victims-had-no-notice-and-no-exits-prosecutors-repeat-in-closing-arguments\" target=\"_blank\" rel=\"noopener\">in closing arguments Monday\u003c/a>, said the actions of master tenant Derick Almena and Max Harris, who has been referred to as creative director and second-in-command, 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.\u003c/p>\n\u003cp>Alameda County Deputy District Attorney Autrey James argued Monday that the 35 concertgoers and one tenant who died the night of an electronic music party on Dec. 2, 2016, didn't have enough notice, time or the ability to exit, due to a lack of sprinklers, smoke detectors, alarms and adequate exit signage.\u003c/p>\n\u003cp>[aside tag=\"ghost-ship-trial\" label=\"More Ghost Ship Trial Coverage\"]\u003c/p>\n\u003cp>James also argued that Almena almost immediately violated the terms of the lease he signed in November 2013, by allowing people to live there.\u003c/p>\n\u003cp>The defense, \u003ca href=\"https://www.kqed.org/news/11764170/ghost-ship-defense-says-many-violations-pre-dated-max-harris-living-at-warehouse\" target=\"_blank\" rel=\"noopener\">in closing arguments Tuesday, \u003c/a>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>Both Curtis Briggs, who represents Harris, and Tony Serra, who represents Almena, also argued Tuesday that testimony by at least seven witnesses pointed to arson as the cause of the deadly conflagration, and that Almena and Harris couldn't have done anything to prevent it.\u003c/p>\n\u003ch2>Prosecution Rebuts Defense's Closing Arguments\u003c/h2>\n\u003cp>On Wednesday, Alameda County Deputy District Attorney Autrey James gave his rebuttal to the defense's closing arguments, disputing testimony that the Ghost Ship was safe.\u003c/p>\n\u003cp>\"If the place was safe, why aren't those 36 people here with us today?\" James asked, while showing an image of all 36 victims on a court TV. \"Because it was a death trap to 36 people.\"\u003c/p>\n\u003cp>He asked why Almena had suggested to Ghost Ship tenants that they buy fire extinguishers, and why there were rules against open flames in the warehouse.\u003c/p>\n\u003cp>James then went on to rebut a list of arguments posed by the defense on Tuesday.\u003c/p>\n\u003cp>Pointing to a blank black screen on an unused court display, James said it represented the amount of evidence supporting arson as the cause of the blaze.\u003c/p>\n\u003cp>\"There is no evidence of reasonable doubt because of arson,\" James said. \"What do reasonable people do in a fire? They run out. That's what reasonable people do.\"\u003c/p>\n\u003cp>In part, the jury's instructions say that if previous testimony regarding arson raises a reasonable doubt as to the defendants' guilt, then they must find the defendants not guilty.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>James was specifically taking aim at previous testimony several witnesses gave about a group of unidentified individuals fleeing through a side exit following an argument just before the fire began. He also said testimony showed there was no evidence of Molotov cocktails being used the night of the fire, as Serra has conjectured.\u003c/p>\n\u003cp>He also disputed \u003ca href=\"https://www.kqed.org/news/11753779/ghost-ship-trial-defense-calls-key-witness-to-support-arson-claim\" target=\"_blank\" rel=\"noopener\">testimony from Sharon Evans\u003c/a>, who said she saw the fire between 9 p.m. and 9:30 p.m. Witness testimony puts the fire's ignition after 11 p.m. Official accounts put it closer to 11:20 p.m. James also said Evans' testimony about driving around the warehouse 20 times as it burned, noticing no fire engines or people outside, wasn't reasonable.\u003c/p>\n\u003cp>\"Ms. Evans' story was not believable,\" James said.\u003c/p>\n\u003cp>James also argued against statements made by Almena's defense attorney Serra, in which Serra called the whole prosecution a \"scam,\" and said Almena was a scapegoat for the city.\u003c/p>\n\u003cp>\"The only conspiracy in this case was by the occupants [to lie about occupancy],\" James said.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Colleen Dolan, mother of Ghost Ship fire victim Chelsea Faith Dolan\"]'Our lost family members brought us together, because they loved and they respected each other and they were together for a reason. ... And we honor that by standing up for each other.'[/pullquote]\u003c/p>\n\u003cp>He also said the defendants were going to point fingers at anyone else, including landlords Kai and Eva Ng, Ben Cannon, who did electrical work at the warehouse, and the city of Oakland.\u003c/p>\n\u003cp>\"Not once have [the defendants] taken responsibility,\" James said, and then played video of Almena giving an interview to a local TV station in which he said the \"whole structure of my defense is pointing and blaming.\"\u003c/p>\n\u003cp>Almena \u003ca href=\"https://www.kqed.org/news/11760427/ghost-ship-defendant-says-he-wont-blame-anybody-for-deadly-warehouse-fire\" target=\"_blank\" rel=\"noopener\">testified previously\u003c/a> that he didn't blame anybody for the fire.\u003c/p>\n\u003cp>James also pointed to a law saying that it's not a defense if a defendant doesn't know the law. He argued that not knowing the law is thus not a defense to involuntary manslaughter, pointing to violations of fire code.\u003c/p>\n\u003cp>He also assailed the idea that since the fire and police departments, as well as Child Protective Services, had passed through the Ghost Ship and hadn't cited the building, that Almena and Harris should have concluded that everything they were doing was OK.\u003c/p>\n\u003cp>James said CPS are not building inspectors, that police have no training in building codes, and that while fire personnel are responsible for inspecting buildings, it is the role of building inspectors to shut a building down.\u003c/p>\n\u003ch2>Victims' Families and Friends Wait for Verdict\u003c/h2>\n\u003cp>Outside court, approximately 20 relatives and friends of the victims gathered to address the media.\u003c/p>\n\u003cp>Colleen Dolan, mother of fire victim Chelsea Faith Dolan, said the victims' relatives had become a family.\u003c/p>\n\u003cp>\"We were brought together by our loved ones,\" Dolan said.\u003c/p>\n\u003cp>\"Our lost family members brought us together, because they loved and they respected each other, and they were together for a reason. They were together because their relationships with each other were important to them. And we honor that by standing up for each other.\"\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.kqed.org/news/tag/ghost-ship-trial\" target=\"_blank\" rel=\"noopener\">Read KQED's complete coverage of the Ghost Ship trial.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Nearly four months after it began, the Ghost Ship trial has been handed to the jury. Derick Almena and Max Harris each face 36 counts of involuntary manslaughter for the Dec. 2, 2016, Oakland fire.","status":"publish","parent":0,"modified":1564620718,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":34,"wordCount":1030},"headData":{"title":"Ghost Ship Trial Handed to Jury, Victims' Families Await Verdict | KQED","description":"Nearly four months after it began, the Ghost Ship trial has been handed to the jury. Derick Almena and Max Harris each face 36 counts of involuntary manslaughter for the Dec. 2, 2016, Oakland fire.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Ghost Ship Trial Handed to Jury, Victims' Families Await Verdict","datePublished":"2019-07-31T22:45:00.000Z","dateModified":"2019-08-01T00:51:58.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11764513 https://ww2.kqed.org/news/?p=11764513","disqusUrl":"https://ww2.kqed.org/news/2019/07/31/ghost-ship-trial-handed-to-jury-victims-families-await-verdict/","disqusTitle":"Ghost Ship Trial Handed to Jury, Victims' Families Await Verdict","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2019/07/Clyde2wayGhostShipTrialClosing.mp3","audioTrackLength":245,"path":"/news/11764513/ghost-ship-trial-handed-to-jury-victims-families-await-verdict","audioDuration":245000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The jury began deliberations Wednesday afternoon in the trial of two men, each charged with 36 counts of involuntary manslaughter for the deadly 2016 Ghost Ship warehouse fire in Oakland.\u003c/p>\n\u003cp>The prosecution, \u003ca href=\"https://www.kqed.org/news/11763874/ghost-ship-victims-had-no-notice-and-no-exits-prosecutors-repeat-in-closing-arguments\" target=\"_blank\" rel=\"noopener\">in closing arguments Monday\u003c/a>, said the actions of master tenant Derick Almena and Max Harris, who has been referred to as creative director and second-in-command, 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.\u003c/p>\n\u003cp>Alameda County Deputy District Attorney Autrey James argued Monday that the 35 concertgoers and one tenant who died the night of an electronic music party on Dec. 2, 2016, didn't have enough notice, time or the ability to exit, due to a lack of sprinklers, smoke detectors, alarms and adequate exit signage.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"ghost-ship-trial","label":"More Ghost Ship Trial Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>James also argued that Almena almost immediately violated the terms of the lease he signed in November 2013, by allowing people to live there.\u003c/p>\n\u003cp>The defense, \u003ca href=\"https://www.kqed.org/news/11764170/ghost-ship-defense-says-many-violations-pre-dated-max-harris-living-at-warehouse\" target=\"_blank\" rel=\"noopener\">in closing arguments Tuesday, \u003c/a>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>Both Curtis Briggs, who represents Harris, and Tony Serra, who represents Almena, also argued Tuesday that testimony by at least seven witnesses pointed to arson as the cause of the deadly conflagration, and that Almena and Harris couldn't have done anything to prevent it.\u003c/p>\n\u003ch2>Prosecution Rebuts Defense's Closing Arguments\u003c/h2>\n\u003cp>On Wednesday, Alameda County Deputy District Attorney Autrey James gave his rebuttal to the defense's closing arguments, disputing testimony that the Ghost Ship was safe.\u003c/p>\n\u003cp>\"If the place was safe, why aren't those 36 people here with us today?\" James asked, while showing an image of all 36 victims on a court TV. \"Because it was a death trap to 36 people.\"\u003c/p>\n\u003cp>He asked why Almena had suggested to Ghost Ship tenants that they buy fire extinguishers, and why there were rules against open flames in the warehouse.\u003c/p>\n\u003cp>James then went on to rebut a list of arguments posed by the defense on Tuesday.\u003c/p>\n\u003cp>Pointing to a blank black screen on an unused court display, James said it represented the amount of evidence supporting arson as the cause of the blaze.\u003c/p>\n\u003cp>\"There is no evidence of reasonable doubt because of arson,\" James said. \"What do reasonable people do in a fire? They run out. That's what reasonable people do.\"\u003c/p>\n\u003cp>In part, the jury's instructions say that if previous testimony regarding arson raises a reasonable doubt as to the defendants' guilt, then they must find the defendants not guilty.\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>James was specifically taking aim at previous testimony several witnesses gave about a group of unidentified individuals fleeing through a side exit following an argument just before the fire began. He also said testimony showed there was no evidence of Molotov cocktails being used the night of the fire, as Serra has conjectured.\u003c/p>\n\u003cp>He also disputed \u003ca href=\"https://www.kqed.org/news/11753779/ghost-ship-trial-defense-calls-key-witness-to-support-arson-claim\" target=\"_blank\" rel=\"noopener\">testimony from Sharon Evans\u003c/a>, who said she saw the fire between 9 p.m. and 9:30 p.m. Witness testimony puts the fire's ignition after 11 p.m. Official accounts put it closer to 11:20 p.m. James also said Evans' testimony about driving around the warehouse 20 times as it burned, noticing no fire engines or people outside, wasn't reasonable.\u003c/p>\n\u003cp>\"Ms. Evans' story was not believable,\" James said.\u003c/p>\n\u003cp>James also argued against statements made by Almena's defense attorney Serra, in which Serra called the whole prosecution a \"scam,\" and said Almena was a scapegoat for the city.\u003c/p>\n\u003cp>\"The only conspiracy in this case was by the occupants [to lie about occupancy],\" James said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Our lost family members brought us together, because they loved and they respected each other and they were together for a reason. ... And we honor that by standing up for each other.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Colleen Dolan, mother of Ghost Ship fire victim Chelsea Faith Dolan","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He also said the defendants were going to point fingers at anyone else, including landlords Kai and Eva Ng, Ben Cannon, who did electrical work at the warehouse, and the city of Oakland.\u003c/p>\n\u003cp>\"Not once have [the defendants] taken responsibility,\" James said, and then played video of Almena giving an interview to a local TV station in which he said the \"whole structure of my defense is pointing and blaming.\"\u003c/p>\n\u003cp>Almena \u003ca href=\"https://www.kqed.org/news/11760427/ghost-ship-defendant-says-he-wont-blame-anybody-for-deadly-warehouse-fire\" target=\"_blank\" rel=\"noopener\">testified previously\u003c/a> that he didn't blame anybody for the fire.\u003c/p>\n\u003cp>James also pointed to a law saying that it's not a defense if a defendant doesn't know the law. He argued that not knowing the law is thus not a defense to involuntary manslaughter, pointing to violations of fire code.\u003c/p>\n\u003cp>He also assailed the idea that since the fire and police departments, as well as Child Protective Services, had passed through the Ghost Ship and hadn't cited the building, that Almena and Harris should have concluded that everything they were doing was OK.\u003c/p>\n\u003cp>James said CPS are not building inspectors, that police have no training in building codes, and that while fire personnel are responsible for inspecting buildings, it is the role of building inspectors to shut a building down.\u003c/p>\n\u003ch2>Victims' Families and Friends Wait for Verdict\u003c/h2>\n\u003cp>Outside court, approximately 20 relatives and friends of the victims gathered to address the media.\u003c/p>\n\u003cp>Colleen Dolan, mother of fire victim Chelsea Faith Dolan, said the victims' relatives had become a family.\u003c/p>\n\u003cp>\"We were brought together by our loved ones,\" Dolan said.\u003c/p>\n\u003cp>\"Our lost family members brought us together, because they loved and they respected each other, and they were together for a reason. They were together because their relationships with each other were important to them. And we honor that by standing up for each other.\"\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.kqed.org/news/tag/ghost-ship-trial\" target=\"_blank\" rel=\"noopener\">Read KQED's complete coverage of the Ghost Ship trial.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11764513/ghost-ship-trial-handed-to-jury-victims-families-await-verdict","authors":["104"],"categories":["news_223","news_6188","news_8"],"tags":["news_21915","news_19542","news_20259","news_25388","news_21354"],"featImg":"news_11764628","label":"news"},"news_11764170":{"type":"posts","id":"news_11764170","meta":{"index":"posts_1591205157","site":"news","id":"11764170","score":null,"sort":[1564527631000]},"guestAuthors":[],"slug":"ghost-ship-defense-says-many-violations-pre-dated-max-harris-living-at-warehouse","title":"In Closing Arguments, Ghost Ship Defense Attorneys Say Arson Was Cause of Deadly Blaze","publishDate":1564527631,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated 6:40 p.m.\u003c/em>\u003c/p>\n\u003cp>Defense attorneys representing two men each charged with 36 counts of involuntary manslaughter in the deadly 2016 Oakland Ghost Ship warehouse fire wrapped up their closing arguments Tuesday.\u003c/p>\n\u003cp>The prosecution, \u003ca href=\"https://www.kqed.org/news/11763874/ghost-ship-victims-had-no-notice-and-no-exits-prosecutors-repeat-in-closing-arguments\" rel=\"noopener\" target=\"_blank\">in their closing arguments Monday\u003c/a>, said that the actions of master tenant Derick Almena and Max Harris, who has been described as creative director or second-in-command of the Ghost Ship, amounted to criminal negligence. The prosecution argued they converted the warehouse into an unsafe living space with no concern for fire safety, violating nine fire codes including not installing sprinklers and other safety measures. The prosecution on Monday also said Almena had violated the terms of the lease almost immediately by allowing people to live there.\u003c/p>\n\u003cp>Rebuttal from the prosecution is expected Wednesday morning. The jury will begin deliberations afterward.\u003c/p>\n\u003cp>Read about closing arguments for each defendant below.\u003c/p>\n\u003cp>\u003cstrong>Closing Arguments on Behalf of Derick Almena\u003c/strong>\u003c/p>\n\u003cp>Tony Serra, who represents Almena, argued Tuesday that arson was the cause of the blaze that killed 35 concert-goers and one tenant the night of an electronic music party on Dec. 2, 2016.\u003c/p>\n\u003cp>[aside tag=\"ghost-ship-trial\" label=\"More Ghost Ship Trial Coverage\"]\u003c/p>\n\u003cp>He pointed back to \u003ca href=\"https://www.kqed.org/news/11753779/ghost-ship-trial-defense-calls-key-witness-to-support-arson-claim\" rel=\"noopener\" target=\"_blank\">testimony from Sharon Evans\u003c/a> who said she overheard a group of men in dark clothing boasting about the fire and how quickly it had spread. He also pointed \u003ca href=\"https://www.kqed.org/news/11759655/witness-says-he-heard-breaking-bottles-argument-on-night-of-deadly-ghost-ship-blaze\" rel=\"noopener\" target=\"_blank\">to testimony from former tenant Darold Leite\u003c/a>, who testified he heard an argument, bottles breaking and seven to eight men who left in a hurry. Serra also brought up other testimony by individuals who say they heard an argument the night of the blaze.\u003c/p>\n\u003cp>Serra also argued that Oakland fire personnel had perjured themselves during testimony. That included Maria Sabatini, an Oakland fire investigator who said she had not entered the Ghost Ship following an alleged arson fire outside the warehouse on Sept. 26, 2014. The testimony contradicts that of five others who said that Sabatini had entered the warehouse to inspect it then.\u003c/p>\n\u003cp>“The fire department has misled, misstated in some instances, in some instance lied and perjured themselves,” Serra said.\u003c/p>\n\u003cp>“Why would they perjure themselves?” Serra asked. He said it was because they knew people were living in the warehouse and it was their duty to red tag it if they found something wrong.\u003c/p>\n\u003cp>“If they admit they did nothing, Oakland would be liable,” Serra said. He called it a “conspiracy to protect Oakland,” and he said Almena was on the stand to create a scapegoat so civil liability could be deflected.\u003c/p>\n\u003cp>Serra argued that personnel from the Oakland Fire and Police departments, as well as from Child Protective Services, had been through the Ghost Ship dozens of times and never cited it. That gave Almena the impression that he was doing nothing wrong, Serra argued, adding that since officials gave the impression that nothing was wrong he could not have been acting in a reckless manner or with any disregard for life.\u003c/p>\n\u003cp>Serra also conceded there were violations to the fire code, but those did not amount to criminal negligence.\u003c/p>\n\u003cp>He said also reiterated that a number of former tenants testified they felt the building was safe and that it wasn’t a “death trap” or “tinderbox.”\u003c/p>\n\u003cp>Serra admitted his client had lied to police on a number of occasions about people living in the warehouse, but Serra argued that it was at the instruction of the landlords. He said landlord Eva Ng was responsible for obtaining permits for changes to the premises, and that’s why she instructed him to lie – to protect her and her brother Kai Ng’s interests.\u003c/p>\n\u003cp>Serra ended his closing arguments by putting up a large photo of Almena, his wife Micah Allison and their three children. \u003c/p>\n\u003cp>“Do you think he (Almena) would risk his children?” Serra asked. Was he reckless and indifferent? Absolutely not.”\u003c/p>\n\u003cp>\u003cstrong>Closing Arguments on Behalf of Max Harris\u003c/strong>\u003c/p>\n\u003cp>Defense attorney Curtis Briggs, who represents Max Harris, wrapped up his closing arguments Tuesday, arguing there is enough reasonable doubt to find his client not guilty in the deadly 2016 Oakland warehouse fire.\u003c/p>\n\u003cp>The prosecution \u003ca href=\"https://www.kqed.org/news/11763874/ghost-ship-victims-had-no-notice-and-no-exits-prosecutors-repeat-in-closing-arguments\" target=\"_blank\" rel=\"noopener\">concluded its closing arguments Monday\u003c/a>, arguing the defendants were criminally negligent in violating nine different fire codes, including not installing safety measures like sprinklers and fire alarms and holding unpermitted events like the one on Dec 2. The prosecution on Monday also said Almena had violated the terms of the lease almost immediately by allowing people to live there.\u003c/p>\n\u003cp>But Briggs pointed to the courtroom where the trial has been taking place since its preliminary rounds began in early April.\u003c/p>\n\u003cp>“There were no fire sprinklers inside (the warehouse). There are no fire extinguishers in here. Convict Max anyway,” Briggs told the jury. “There are no illuminated exit signs in this courtroom. There was one in the warehouse. Convict Max anyway.”\u003c/p>\n\u003cp>He also said that some of the fire codes that the prosecution argued were broken were actually the responsibility of the owners to implement.\u003c/p>\n\u003cp>Briggs argued Harris did not live in the Ghost Ship when the lease was signed, or when Almena began allowing people to live there. He also said Harris wasn’t there when a side fire door was installed or a set of stairs toward the front of the warehouse was built, both without the required permits.\u003c/p>\n\u003cp>Briggs laid out a list of people, saying they weren’t being convicted, including landlords Kai and Eva Ng, Ben Cannon, who did electrical work at the warehouse, and Jon Hrabko, who Briggs said organized the Dec. 2 event.\u003c/p>\n\u003cp>“They did not ask you to convict Kai or Eva Ng,” Briggs said, addressing the jury.\u003c/p>\n\u003cp>“They asked you to convict Max,” Briggs repeated after each person listed.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He pointed to a number of fire and police officials who had been to the warehouse a number of times and had never flagged the building as a hazard.\u003c/p>\n\u003cp>He argued that Harris had no managerial role in the warehouse and noted the testimony of at least seven individuals who said as much.\u003c/p>\n\u003cp>“Max cleaned toilets, swept floors, did the dishes. Convict him,” Briggs said.\u003c/p>\n\u003cp>The defense \u003ca href=\"https://www.kqed.org/news/11744136/defense-in-ghost-ship-trial-asserts-evidence-will-show-arson-as-cause-of-deadly-fire\" target=\"_blank\" rel=\"noopener\">has argued\u003c/a> that the cause of the blaze, which was never determined by fire investigators, was an act of arson, and that the defendants could not have done anything to prevent it.\u003c/p>\n\u003cp>Briggs returned to the arson theory Tuesday, saying that at least seven witnesses had testified to its possibility, including: a woman who testified she heard nine to 14 men boasting about the fire getting out of hand quickly, a former tenant who heard an argument and bottles breaking before the fire began, and testimony from a couple of others who also said they heard an argument the night of the fire.\u003c/p>\n\u003cp>Briggs reminded the jury of their instructions, which say that if previous testimony regarding arson raises a reasonable doubt as to the defendants’ guilt, then they must find the defendants not guilty.\u003c/p>\n\u003cp>Briggs asked why no fire investigator, including staff from the Bureau of Alcohol, Firearms, Tobacco and Explosives, had asked about any suspicious people the night of the fire. He also asked why fire investigators hadn’t swabbed the scene after the fire for accelerants.\u003c/p>\n\u003cp>“Don’t you think you deserve that before you check the box 'guilty?' ” Briggs asked the jury.\u003c/p>\n\u003cp>“They were so sure they had the cause ... electrical,” Briggs said. \"They didn’t test anything else.”\u003c/p>\n\u003cp>Earlier in the trial, Bureau of Alcohol, Tobacco, Firearms and Explosives \u003ca href=\"https://www.kqed.org/news/11751300/ghost-ship-trial-defense-cross-examines-fire-investigator-in-attempt-to-show-arson-possibility\" target=\"_blank\" rel=\"noopener\">agent Barbara Maxwell testified\u003c/a> that investigators didn't test debris for the presence of accelerants because they already expected to find flammable substances such as gasoline in the recreational vehicles parked inside the warehouse and used as studios, and paint thinner belonging to artist tenants.\u003c/p>\n\u003cp>On Tuesday, Briggs also said at least seven witnesses testified they considered the Ghost Ship safe. But he did return to the \u003ca href=\"https://www.kqed.org/news/11745555/ghost-ship-trial-witness-testifies-about-explosive-spread-of-deadly-fire\" target=\"_blank\" rel=\"noopener\">testimony of Rodney Griffin\u003c/a>, a former friend of Almena's who called the warehouse a \"death trap.\" Briggs argued those statements were made before Harris began living at the Ghost Ship.\u003c/p>\n\u003cp>“I wish someone would have told Max there was a problem, because he would have done something about it,” Briggs said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Defense attorneys made closing arguments Tuesday in the criminal trial of two men charged in the Dec. 2, 2016, Oakland blaze that killed 36 people.","status":"publish","parent":0,"modified":1564542353,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":43,"wordCount":1408},"headData":{"title":"In Closing Arguments, Ghost Ship Defense Attorneys Say Arson Was Cause of Deadly Blaze | KQED","description":"Defense attorneys made closing arguments Tuesday in the criminal trial of two men charged in the Dec. 2, 2016, Oakland blaze that killed 36 people.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"In Closing Arguments, Ghost Ship Defense Attorneys Say Arson Was Cause of Deadly Blaze","datePublished":"2019-07-30T23:00:31.000Z","dateModified":"2019-07-31T03:05:53.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11764170 https://ww2.kqed.org/news/?p=11764170","disqusUrl":"https://ww2.kqed.org/news/2019/07/30/ghost-ship-defense-says-many-violations-pre-dated-max-harris-living-at-warehouse/","disqusTitle":"In Closing Arguments, Ghost Ship Defense Attorneys Say Arson Was Cause of Deadly Blaze","path":"/news/11764170/ghost-ship-defense-says-many-violations-pre-dated-max-harris-living-at-warehouse","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 6:40 p.m.\u003c/em>\u003c/p>\n\u003cp>Defense attorneys representing two men each charged with 36 counts of involuntary manslaughter in the deadly 2016 Oakland Ghost Ship warehouse fire wrapped up their closing arguments Tuesday.\u003c/p>\n\u003cp>The prosecution, \u003ca href=\"https://www.kqed.org/news/11763874/ghost-ship-victims-had-no-notice-and-no-exits-prosecutors-repeat-in-closing-arguments\" rel=\"noopener\" target=\"_blank\">in their closing arguments Monday\u003c/a>, said that the actions of master tenant Derick Almena and Max Harris, who has been described as creative director or second-in-command of the Ghost Ship, amounted to criminal negligence. The prosecution argued they converted the warehouse into an unsafe living space with no concern for fire safety, violating nine fire codes including not installing sprinklers and other safety measures. The prosecution on Monday also said Almena had violated the terms of the lease almost immediately by allowing people to live there.\u003c/p>\n\u003cp>Rebuttal from the prosecution is expected Wednesday morning. The jury will begin deliberations afterward.\u003c/p>\n\u003cp>Read about closing arguments for each defendant below.\u003c/p>\n\u003cp>\u003cstrong>Closing Arguments on Behalf of Derick Almena\u003c/strong>\u003c/p>\n\u003cp>Tony Serra, who represents Almena, argued Tuesday that arson was the cause of the blaze that killed 35 concert-goers and one tenant the night of an electronic music party on Dec. 2, 2016.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"ghost-ship-trial","label":"More Ghost Ship Trial Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He pointed back to \u003ca href=\"https://www.kqed.org/news/11753779/ghost-ship-trial-defense-calls-key-witness-to-support-arson-claim\" rel=\"noopener\" target=\"_blank\">testimony from Sharon Evans\u003c/a> who said she overheard a group of men in dark clothing boasting about the fire and how quickly it had spread. He also pointed \u003ca href=\"https://www.kqed.org/news/11759655/witness-says-he-heard-breaking-bottles-argument-on-night-of-deadly-ghost-ship-blaze\" rel=\"noopener\" target=\"_blank\">to testimony from former tenant Darold Leite\u003c/a>, who testified he heard an argument, bottles breaking and seven to eight men who left in a hurry. Serra also brought up other testimony by individuals who say they heard an argument the night of the blaze.\u003c/p>\n\u003cp>Serra also argued that Oakland fire personnel had perjured themselves during testimony. That included Maria Sabatini, an Oakland fire investigator who said she had not entered the Ghost Ship following an alleged arson fire outside the warehouse on Sept. 26, 2014. The testimony contradicts that of five others who said that Sabatini had entered the warehouse to inspect it then.\u003c/p>\n\u003cp>“The fire department has misled, misstated in some instances, in some instance lied and perjured themselves,” Serra said.\u003c/p>\n\u003cp>“Why would they perjure themselves?” Serra asked. He said it was because they knew people were living in the warehouse and it was their duty to red tag it if they found something wrong.\u003c/p>\n\u003cp>“If they admit they did nothing, Oakland would be liable,” Serra said. He called it a “conspiracy to protect Oakland,” and he said Almena was on the stand to create a scapegoat so civil liability could be deflected.\u003c/p>\n\u003cp>Serra argued that personnel from the Oakland Fire and Police departments, as well as from Child Protective Services, had been through the Ghost Ship dozens of times and never cited it. That gave Almena the impression that he was doing nothing wrong, Serra argued, adding that since officials gave the impression that nothing was wrong he could not have been acting in a reckless manner or with any disregard for life.\u003c/p>\n\u003cp>Serra also conceded there were violations to the fire code, but those did not amount to criminal negligence.\u003c/p>\n\u003cp>He said also reiterated that a number of former tenants testified they felt the building was safe and that it wasn’t a “death trap” or “tinderbox.”\u003c/p>\n\u003cp>Serra admitted his client had lied to police on a number of occasions about people living in the warehouse, but Serra argued that it was at the instruction of the landlords. He said landlord Eva Ng was responsible for obtaining permits for changes to the premises, and that’s why she instructed him to lie – to protect her and her brother Kai Ng’s interests.\u003c/p>\n\u003cp>Serra ended his closing arguments by putting up a large photo of Almena, his wife Micah Allison and their three children. \u003c/p>\n\u003cp>“Do you think he (Almena) would risk his children?” Serra asked. Was he reckless and indifferent? Absolutely not.”\u003c/p>\n\u003cp>\u003cstrong>Closing Arguments on Behalf of Max Harris\u003c/strong>\u003c/p>\n\u003cp>Defense attorney Curtis Briggs, who represents Max Harris, wrapped up his closing arguments Tuesday, arguing there is enough reasonable doubt to find his client not guilty in the deadly 2016 Oakland warehouse fire.\u003c/p>\n\u003cp>The prosecution \u003ca href=\"https://www.kqed.org/news/11763874/ghost-ship-victims-had-no-notice-and-no-exits-prosecutors-repeat-in-closing-arguments\" target=\"_blank\" rel=\"noopener\">concluded its closing arguments Monday\u003c/a>, arguing the defendants were criminally negligent in violating nine different fire codes, including not installing safety measures like sprinklers and fire alarms and holding unpermitted events like the one on Dec 2. The prosecution on Monday also said Almena had violated the terms of the lease almost immediately by allowing people to live there.\u003c/p>\n\u003cp>But Briggs pointed to the courtroom where the trial has been taking place since its preliminary rounds began in early April.\u003c/p>\n\u003cp>“There were no fire sprinklers inside (the warehouse). There are no fire extinguishers in here. Convict Max anyway,” Briggs told the jury. “There are no illuminated exit signs in this courtroom. There was one in the warehouse. Convict Max anyway.”\u003c/p>\n\u003cp>He also said that some of the fire codes that the prosecution argued were broken were actually the responsibility of the owners to implement.\u003c/p>\n\u003cp>Briggs argued Harris did not live in the Ghost Ship when the lease was signed, or when Almena began allowing people to live there. He also said Harris wasn’t there when a side fire door was installed or a set of stairs toward the front of the warehouse was built, both without the required permits.\u003c/p>\n\u003cp>Briggs laid out a list of people, saying they weren’t being convicted, including landlords Kai and Eva Ng, Ben Cannon, who did electrical work at the warehouse, and Jon Hrabko, who Briggs said organized the Dec. 2 event.\u003c/p>\n\u003cp>“They did not ask you to convict Kai or Eva Ng,” Briggs said, addressing the jury.\u003c/p>\n\u003cp>“They asked you to convict Max,” Briggs repeated after each person listed.\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>He pointed to a number of fire and police officials who had been to the warehouse a number of times and had never flagged the building as a hazard.\u003c/p>\n\u003cp>He argued that Harris had no managerial role in the warehouse and noted the testimony of at least seven individuals who said as much.\u003c/p>\n\u003cp>“Max cleaned toilets, swept floors, did the dishes. Convict him,” Briggs said.\u003c/p>\n\u003cp>The defense \u003ca href=\"https://www.kqed.org/news/11744136/defense-in-ghost-ship-trial-asserts-evidence-will-show-arson-as-cause-of-deadly-fire\" target=\"_blank\" rel=\"noopener\">has argued\u003c/a> that the cause of the blaze, which was never determined by fire investigators, was an act of arson, and that the defendants could not have done anything to prevent it.\u003c/p>\n\u003cp>Briggs returned to the arson theory Tuesday, saying that at least seven witnesses had testified to its possibility, including: a woman who testified she heard nine to 14 men boasting about the fire getting out of hand quickly, a former tenant who heard an argument and bottles breaking before the fire began, and testimony from a couple of others who also said they heard an argument the night of the fire.\u003c/p>\n\u003cp>Briggs reminded the jury of their instructions, which say that if previous testimony regarding arson raises a reasonable doubt as to the defendants’ guilt, then they must find the defendants not guilty.\u003c/p>\n\u003cp>Briggs asked why no fire investigator, including staff from the Bureau of Alcohol, Firearms, Tobacco and Explosives, had asked about any suspicious people the night of the fire. He also asked why fire investigators hadn’t swabbed the scene after the fire for accelerants.\u003c/p>\n\u003cp>“Don’t you think you deserve that before you check the box 'guilty?' ” Briggs asked the jury.\u003c/p>\n\u003cp>“They were so sure they had the cause ... electrical,” Briggs said. \"They didn’t test anything else.”\u003c/p>\n\u003cp>Earlier in the trial, Bureau of Alcohol, Tobacco, Firearms and Explosives \u003ca href=\"https://www.kqed.org/news/11751300/ghost-ship-trial-defense-cross-examines-fire-investigator-in-attempt-to-show-arson-possibility\" target=\"_blank\" rel=\"noopener\">agent Barbara Maxwell testified\u003c/a> that investigators didn't test debris for the presence of accelerants because they already expected to find flammable substances such as gasoline in the recreational vehicles parked inside the warehouse and used as studios, and paint thinner belonging to artist tenants.\u003c/p>\n\u003cp>On Tuesday, Briggs also said at least seven witnesses testified they considered the Ghost Ship safe. But he did return to the \u003ca href=\"https://www.kqed.org/news/11745555/ghost-ship-trial-witness-testifies-about-explosive-spread-of-deadly-fire\" target=\"_blank\" rel=\"noopener\">testimony of Rodney Griffin\u003c/a>, a former friend of Almena's who called the warehouse a \"death trap.\" Briggs argued those statements were made before Harris began living at the Ghost Ship.\u003c/p>\n\u003cp>“I wish someone would have told Max there was a problem, because he would have done something about it,” Briggs said.\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/11764170/ghost-ship-defense-says-many-violations-pre-dated-max-harris-living-at-warehouse","authors":["104"],"categories":["news_223","news_6188","news_8"],"tags":["news_25889","news_21915","news_20259","news_25388","news_21354","news_6107"],"featImg":"news_11764345","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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But is this once sleepy suburb ready for them?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/American-Suburb-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/news/series/american-suburb-podcast","meta":{"site":"news","source":"kqed","order":"13"},"link":"/news/series/american-suburb-podcast/","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?mt=2&id=1287748328","tuneIn":"https://tunein.com/radio/American-Suburb-p1086805/","rss":"https://ww2.kqed.org/news/series/american-suburb-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkMzMDExODgxNjA5"}},"baycurious":{"id":"baycurious","title":"Bay Curious","tagline":"Exploring the Bay Area, one question at a time","info":"KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. 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. This podcast feed is usually updated twice a week and is always un-edited.","airtime":"THU 10pm, FRI 1am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.commonwealthclub.org/podcasts","meta":{"site":"news","source":"Commonwealth Club of California"},"link":"/radio/program/commonwealth-club","subscribe":{"apple":"https://itunes.apple.com/us/podcast/commonwealth-club-of-california-podcast/id976334034?mt=2","google":"https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw","tuneIn":"https://tunein.com/radio/Commonwealth-Club-of-California-p1060/"}},"considerthis":{"id":"considerthis","title":"Consider This","tagline":"Make sense of the day","info":"Make sense of the day. Every weekday afternoon, Consider This helps you consider the major stories of the day in less than 15 minutes, featuring the reporting and storytelling resources of NPR. 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