Defendant Max Harris Admits Lying to Police About People Living at Ghost Ship

Updated 6:45 p.m.

Under cross-examination in the Ghost Ship trial Tuesday, defendant Max Harris admitted that he had lied to an Oakland police officer in June 2015 about whether people lived in the warehouse known as the Ghost Ship, which burned down in 2016, killing 36.

Alameda County Deputy District Attorney Autrey James played footage from a police body camera, showing Harris speaking to Officer Brian Kline, who asked him if anyone lived in the warehouse.

In the video Harris can be heard responding that no one lived in the warehouse, which he called a 24-hour artwork space.

On the stand, James asked Harris if he had felt the need to lie to the officer because he might be evicted, to which Harris answered yes. Harris said he feared becoming homeless because he lived in an "alternative space" and didn't have the protections of people living in apartments.

Harris and master tenant Derick Almena each face 36 counts of involuntary manslaughter stemming from the Dec. 2, 2016 blaze in the unpermitted Oakland residence and performance venue the night of an electronic music party.

Prosecutors argue that Harris and Almena illegally converted the warehouse into an unsafe living space stuffed with flammable materials and lacking proper safety measures like fire alarms, well-lit exits and sprinkler systems. Defense attorneys argue the blaze was started by an act of arson.

The defense has tried to play down any managerial role Harris may have had at the Ghost Ship warehouse. He has been referred to as a creative director and second-in-command to Almena.

Harris' defense attorney, Tyler Smith, asked Harris about a thread of messages he wrote on the dating app Tinder, in which he said that he "managed" a live/work space in the Fruitvale district. Harris said he didn't consider his involvement at the warehouse to be a job, but rather saw it as an "exchange situation." He added that he didn't pay rent, but instead worked there for a place to live. When asked by James about the title in the Tinder messages, Harris said he was trying to get a date.

During cross-examination, James displayed a number of emails for the jury, some directed to warehouse landlords Kai or Eva Ng, in which Harris signed off with the title executive director. Harris responded that titles like executive director, creative director and manager did not exist at the warehouse, and that he had used them to “seem official” and so that he would be “taken seriously.”

When James asked if the titles in the emails were untrue, Harris replied, “Yes, a misrepresentation.”

“Everyone was a leader who took initiative,” Harris said. But when James asked if there was any authority, Harris answered “none at all.”

Smith asked Harris at the end of his questioning if, in the wake of the fire, there was anything he would have done differently.

"I think of that a lot," Harris answered. "I knew a lot of the people. I wish I had done more. There are an infinite number of things I wish I did that night and before."

Cross-examination of Harris is expected to continue Wednesday.