Ghost Ship Trial: Defense Cross-Examines Fire Investigator in Attempt to Show Arson Possibility

In an attempt to show the possibility of arson, defense attorneys on Thursday scrutinized another fire investigator's account of the inquiry into the cause of the Dec. 2, 2016 Ghost Ship warehouse fire that killed 36.

Bureau of Alcohol, Tobacco, Firearms and Explosives agent Barbara Maxwell participated in a multi-agency investigation of the blaze which determined where, but not why, the fire ignited. During cross-examination, defense attorneys seized on that uncertainty to question how investigators gathered evidence and eyewitness accounts.

Maxwell, echoing her Oakland Fire Department counterpart Maria Sabatini's earlier testimony, said investigators did not discover physical evidence that the fire was intentionally set and that their interviewees did not recall hearing the sounds of explosions, breaking glass or a "whoosh" consistent with the use of accelerants.

Under cross-examination, Maxwell said witnesses were reluctant to speak with investigators and that none of the people her team interviewed observed the fire ignite.

She also said 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 used as studios and paint thinner belonging to artist tenants.

"We did not test for ignitable liquids in the space because we felt we would find ignitable liquids in the space," she said, adding that such substances wouldn't have value as evidence.

Defense attorney Curtis Briggs told reporters outside the courtroom that Maxwell's testimony showed that investigators failed to follow leads. He restated his intention to call witnesses who saw suspicious people in the warehouse and heard a fight followed by glass breaking before the fire started.

Alameda County prosecutors allege that master tenant Derick Almena built and operated the unpermitted residence and music venue in the Fruitvale district of Oakland with a willful disregard for safety, enlisting co-defendant Max Harris as his subordinate or second in command. Each of the men face 36 counts of involuntary manslaughter.

The defense has argued that the fire, which broke out during an electronic music party, was not due to the co-defendants' actions or neglect, but rather due to arson. The defense has also sought to shift blame to the landlord and government officials who visited the warehouse without flagging unsafe conditions.

Also on Thursday, Briggs showed photographs of the charred warehouse interior depicting splotchy shapes surrounded by soot on the cinderblock walls and asked whether the use of liquid accelerants would leave irregular patterns indicating intense burning.

Maxwell responded affirmatively and said that she did not collect a sample for testing from the wall shown, which is near the fire's origin area.

Briggs asked Maxwell if investigators recovered broken glass from near the origin area. "There was no broken glass," she said. Briggs then asked if she saw shards in a photo of the origin area. "That's from a mirror," she responded.

Briggs and Tony Serra, who represents Almena, also asked Maxwell about what appeared to be glass bottles in the photographs. The investigator said the bottles were not tested to determine if they contained gasoline.

The defense attorneys also questioned Maxwell about water bottles and dust masks shown in the photos, which the witness said belonged to investigators. "It's bad housekeeping on our part," she said.

Maxwell testified that the fire started near a downstairs area with kitchen items that included a toaster oven and refrigerators, but that electrical engineers had ruled out the appliances as points of ignition.

Trial resumes Tuesday with the prosecution continuing to call witnesses.