Dramatic Start To Ghost Ship Trial

OAKLAND, CA — The long-awaited trial of two men for the fire at the Ghost Ship warehouse in Oakland in 2016 that killed 36 people began dramatically on Tuesday with the judge threatening to close her courtroom and a defense lawyer claiming that the blaze was arson.

Ghost Ship warehouse master tenant Derick Almena, 49, and creative director Max Harris, 29, are charged with 36 counts of involuntary manslaughter for the fire during a music party at the warehouse at 1309 31st Ave. on the night of Dec. 2, 2016.

Alameda County Assistant District Attorney Casey Bates told jurors in his opening statement that Almena and Harris are criminally liable for the fire because there was no time and no way for the people at the party to escape since the warehouse didn't have sufficient safeguards such as fire
extinguishers, smoke alarms and exit signs.

Bates also said Almena and Harris violated the terms of the warehouse's lease by turning it into a living space and hosting underground music parties there.

The prosecutor said the lease with building owner Eva Ng that Almena signed on Nov. 10, 2013, made clear that the 10,000-square-foot space was only to be used as a warehouse for an artists' collective and for building theatrical sets.

Bates said no other use, such as using the building as a living space, was permitted at the space, which Almena called the Satya Yuga Collective.

"They took steps to hide the fact that they were living in that space," Bates said, alleging that up to 25 people lived at the building.

Bates showed jurors a videotape of Almena telling an Oakland police officer in January 2015, "Nobody lives here -- we build sets here."

He said such comments by Almena and Harris to police and fire officials were "the company lie."

But Harris' lawyer Curtis Briggs said Harris shouldn't be on trial and alleged that much of the blame for the fire should be placed on other people, such as Ng and her family and police and fire officials who he said knew about the dangers at the warehouse and didn't take action to remedy
those dangers.

Briggs' biggest bombshell came when he told jurors, "The evidence will show you that this (the deadly fire) was an arson and was intentionally set."

Briggs said, "The evidence will show that there was a motive" for the fire but he didn't say what that motive was.

The defense lawyer said people who were at the party saw people they didn't recognize and one witness said she saw seven to 10 Latino males walk by the warehouse as it was burning and heard one of them say, "The way we put that wood in there they'll never come out."

Briggs told jurors, "The people who set this fire are not on trial."

At the beginning of the afternoon session, Alameda County Superior Court Judge Trina Thompson, who is presiding over the trial, said outside the presence of jurors, "It has come to my attention that individuals have made attempts to communicate with seated jurors."

Thompson said, "If we need heightened security we will provide that" and warned that making criminal threats against jurors is a felony punishable by a state prison term.

Thompson said that if there are further attempts to communicate with jurors, "We will have a closed trial with no media and no families" of the victims and Almena and Harris.

After Briggs finished his opening statement late in the day Thompson ordered the news media and the public to leave her courtroom and held a closed hearing at which she questioned jurors about the attempts to communicate with them.

Almena's lawyer Tony Serra will present his opening statement when the trial resumes on Wednesday morning.

The trial won't be in session on Thursday because Thompson has jury duty and testimony will begin next Monday.

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