No! Motion Denied To Delay Ghost Ship Fire Trial

OAKLAND, CA — A judge today denied a motion by Ghost Ship warehouse creative director Max Harris to delay his trial with master tenant Derick Almena on 36 counts of involuntary manslaughter for their alleged roles in a fire at the Oakland warehouse in December 2016 that killed 36 people.

Harris' lawyer Curtis Briggs said he wants to have the trial, which is scheduled to begin on July 16, postponed until September or later because experts he recently hired to study the possible cause of the fire at
the warehouse at 1309 31st Ave. in Oakland's Fruitvale district on Dec. 2, 2016, need more time to complete their work. Almena's lawyer Tony Serra said he "vehemently opposes" Harris' request for a continuance because Almena has suffered "psychological consequences" from being in jail for more than a year and wants the trial to begin sooner rather than later.

Serra said Almena has gained 40 pounds since he's been in custody, is depressed and is on suicide watch.

Prosecutor David Lim said he also opposes Harris' bid to delay the trial because the victims' family members have based their schedules on the July 16 trial date that was set earlier this year and have "expressed dismay"
at the possibility that the trial might be delayed.

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Alameda County Superior Court Judge Morris Jacobson said, "Balancing all of these factors, I deny the motion to continue, with the understanding that the parties will work with the trial judge" to make sure Harris' experts have time to complete their investigation into possible causes of the fire.

Jacobson said Harris' experts should have plenty of time to complete their work because Harris might not present his witnesses until next January.

Jacobson said that's because it might take several months to select a jury and litigate pretrial motions and it might take the prosecution two months to present its case.

Lim said the prosecution might call up to 50 witnesses and Serra and Briggs said they might each ask at least 10 witnesses to testify.

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Briggs said that among the defense witnesses he expects to call are Oakland Mayor Libby Schaaf, saying "she's made statements that are helpful" to Harris, although he didn't elaborate.

Jacobson said, "This is a large case with a lot of large pieces."

Almena, 48, and Harris, 28, who each remain in custody in lieu of $750,000 bail, face up to 39 years in state prison if they're convicted of the 36 involuntary manslaughter counts they face.

However, Briggs said he believes Harris "is in a much more favorable position than Almena."

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The lawyers in the case spent an hour in Jacobson's chambers before the hearing on the motion to continue started.

Serra revealed afterward that Jacobson tried to get the parties in the case to reach a plea bargain but he said, "The parties are so far apart that there's no prospect whatsoever of reaching an agreement short of a
trial."

Briggs said, "The prosecution's offer of a proposed settlement was unacceptable and not realistic."

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However, Serra said Jacobson "is very adamant that he desires to reach an understanding" so he scheduled another hearing for June 25 for further talks about a possible plea bargain.

Veteran Judge Vernon Nakahara will preside over the trial for Almena and Harris. Nakahara retired at the end of last year but will handle the case on a special assignment.

— Bay City News; Image via Alameda County Sheriff's Office

Previous:

Oakland Fire: 'Ghost Ship' Manager Derick Ion Almena Defends Actions
Ghost Ship Investigation: Oakland Releases City Documents

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