At Least 2 Jurors Dismissed in Ghost Ship Trial Could Be Held in Contempt of Court

Alameda County Superior Court Judge Trina Thompson said in court Tuesday that two of three jurors dismissed Monday could be held in contempt for violating court orders in the trial of two men, each charged with 36 counts of involuntary manslaughter in the deadly 2016 Ghost Ship warehouse fire in Oakland.

The dismissal prompted the replacement of the jurors with three alternates, restarting deliberations from scratch. The previous jury had been on Day 10 of deliberations. The current jury was also told to disregard all previous deliberations.

Thompson said juror misconduct occurred late last Thursday, but did not elaborate about what the misconduct may have been. Discussions were held in closed session Monday, and a gag order prevents attorneys from speaking to the media.

Thompson described the two as “offending” jurors and the third as “non-offending.” Thompson said she is waiting for information from the non-offending juror.

Attorney Brian Getz, who represents Ghost Ship master tenant Derick Almena, said in court that all three dismissed jurors should be considered offending jurors, saying “failure to report misconduct is misconduct itself."

Thompson said the remaining jurors could remain because the misconduct did not impact the deliberations.

Almena and Max Harris, who has sometimes been referred to as the Ghost Ship's creative director, both face 36 counts of involuntary manslaughter for the blaze that killed 35 concertgoers and one tenant the night of a Dec. 2, 2016, electronic music event.

The prosecution argued during the trial that Almena and Harris illegally converted the warehouse into a living space with total disregard for safety.

The defense argued the warehouse was safe, and that the deadly fire was caused by an act of arson.

Juror schedules were also discussed Tuesday. The jury is already scheduled to take a long break from Aug. 22 through Sept. 3.

The newly empaneled jurors had apparently made vacation plans, with one requesting time off from Sept. 9 through Oct. 6. Judge Thompson is requesting documents regarding prepaid and non-refundable travel plans.

Thompson also addressed the prosecution and defense, saying "at all times the court must conduct itself in a professional manner." She said the court would not tolerate name-calling and inappropriate gestures.

Thompson also reiterated to the jury that they are sequestered during lunch, and that lunch will be provided for them. She said the jury could work through lunch, if desired.

Deliberations are ongoing.