The defense in the trial of two men charged with 36 counts each of involuntary manslaughter in the deadly December 2016 Ghost Ship fire wrapped up opening statements Wednesday, reasserting that evidence will show arson was the cause of the blaze.
The East Oakland warehouse, nicknamed "Ghost Ship," caught fire on the Friday evening of Dec 2, 2016, during an electronic music party, killing 35 concertgoers and one resident.
Defense attorney Tony Serra, who represents master tenant Derick Almena, said witnesses will testify that people were seen fleeing from the building through a side entrance just before the fire started. The statements echoed those made Tuesday by defense attorney Curtis Briggs, who represents the other defendant, Max Harris.
Serra said witnesses reported hearing "popping," or breaking glass, in the area where the fire began in the rear of the warehouse on the first floor. Serra said evidence that will be presented is circumstantial, but that the popping could have been Molotov cocktails or bottles filled with gasoline.
"There's no way my client could have predicted that," Serra said. "There's nothing he could do to prevent that."
Investigators never determined the cause of the fire.
Serra also said Almena had made a number of improvements to the site, putting money made right back into the premises to make the building safe and secure. He said Almena installed a rear door in the warehouse, ran 100-foot garden hoses along both sides of the building in case of a fire, made an exit sign, required fire extinguishers and implemented a policy of "no smoking, no candles and no incense."
Alameda County prosecutor Casey Bates said Tuesday during opening statements that Almena and Harris, who is often referred to as second in command or creative director, had converted the commercial warehouse into a residential and performance space stuffed from floor to ceiling with flammable materials. Bates showed images of living spaces with walls made out of pianos or old doors and windows.
Bates said the Ghost Ship wasn't outfitted with the types of safety precautions required in such a converted warehouse, including sprinkler systems, fire alarms and well-lit, easily identifiable exits.
