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"content": "\u003cp>A veteran Oakland fire investigator on Tuesday described the methodical but ultimately inconclusive inquiry into the cause of the Dec. 2, 2016, Ghost Ship warehouse fire that killed 36 and cast doubt on the defense attorneys' claim that it was a deliberate act of arson involving Molotov cocktail-like devices.\u003c/p>\n\u003cp>[aside label=\"More of KQED's Coverage\" tag=\"ghost-ship-trial\"]\u003c/p>\n\u003cp>Although the cause of the fire was undetermined, Oakland Fire Department investigator Maria Sabatini said investigators found no evidence of arson. Her team found no remnants of the glass shards or wicks associated with Molotov cocktails, which the defense has suggested were used to start the fire, nor did her team hear any witness accounts of the sound of breaking glass.\u003c/p>\n\u003cp>Jurors in the criminal trial were shown pictures of charred debris inside the Fruitvale warehouse, as Sabatini recounted how her multiagency team sifted through the wreckage by hand in search of evidence, such as burn patterns and accelerants, of the blaze's ignition.\u003c/p>\n\u003cp>Investigators concluded the fire started near a kitchen area with two refrigerators and a toaster oven.\u003c/p>\n\u003cp>Prosecutors allege master tenant Derick Almena built and operated the un-permitted residence and music venue with a willful disregard for safety, enlisting co-defendant Max Harris as his subordinate or second-in-command. Each of the men faces 36 counts of involuntary manslaughter.\u003c/p>\n\u003cp>Sabatini's testimony, which is subject to cross-examination Wednesday, potentially rebuffs what has emerged as an important part of Harris and Almena's defense: That the fire was not due to the co-defendants' actions or neglect, but due to a deliberate act of arson. The defense has also sought to shift blame to the landlord and many government officials who visited the warehouse without flagging unsafe conditions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Defense attorneys Tony Serra and Curtis Briggs have said witnesses saw seven to 10 Latino men in dark clothing leave the building moments after the fire started, and that one of the witnesses then overheard people nearby boasting about leaving obstructions within the warehouse. They've also said witnesses will testify to hearing \"popping\" or breaking glass, indicative of the use of a Molotov cocktail.\u003c/p>\n\u003cp>Sabatini said it was the \"most complex\" investigation of her career, involving a collapsed ceiling and the recovery of bodies that had fallen from the second to first floor. Due to the suspected number of bodies, initially estimated to be as many as 100, and debris dense enough to prohibit moving through the interior of the building, the process was a \"tremendous challenge,\" Sabatini said. \"We couldn't see the floor.\"\u003c/p>\n\u003cp>Questioned by Alameda County Assistant District Attorney Casey Bates, Sabatini said the rapid spread of the fire resulted from the interior \"fuel load,\" referring to the maze of trailers, partitions and wooden furniture inside the Ghost Ship. She said art supplies such as paint thinner and gasoline, stored within recreational vehicles used as bedrooms and studios, also likely intensified the deadly conflagration.\u003c/p>\n\u003cp>During Sabatini's testimony, the prosecution projected photographs of the warehouse's interior taken during the investigation. The mounds of debris gradually grew smaller over time, as investigators hauled materials away in 5-gallon buckets. One of the photos depicted scorched appliances in an area where Sabatini said three witnesses independently reported to investigators first seeing flames.\u003c/p>\n\u003cp>During a preliminary hearing in December, Sabatini said she suspected the cause was electrical failure, but under cross-examination said she could not rule out an open flame or arson as possible causes of the fire. An earlier report by her team left the cause as officially undetermined.\u003c/p>\n\u003cp>Sabatini's testimony will continue Wednesday, beginning with cross-examination by Harris' co-counsel, Andrew Stein, a Southern California attorney brought in to question the fire investigator.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A veteran Oakland fire investigator on Tuesday described the methodical but ultimately inconclusive inquiry into the cause of the Dec. 2, 2016, Ghost Ship warehouse fire that killed 36 and cast doubt on the defense attorneys' claim that it was a deliberate act of arson involving Molotov cocktail-like devices.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Although the cause of the fire was undetermined, Oakland Fire Department investigator Maria Sabatini said investigators found no evidence of arson. Her team found no remnants of the glass shards or wicks associated with Molotov cocktails, which the defense has suggested were used to start the fire, nor did her team hear any witness accounts of the sound of breaking glass.\u003c/p>\n\u003cp>Jurors in the criminal trial were shown pictures of charred debris inside the Fruitvale warehouse, as Sabatini recounted how her multiagency team sifted through the wreckage by hand in search of evidence, such as burn patterns and accelerants, of the blaze's ignition.\u003c/p>\n\u003cp>Investigators concluded the fire started near a kitchen area with two refrigerators and a toaster oven.\u003c/p>\n\u003cp>Prosecutors allege master tenant Derick Almena built and operated the un-permitted residence and music venue with a willful disregard for safety, enlisting co-defendant Max Harris as his subordinate or second-in-command. Each of the men faces 36 counts of involuntary manslaughter.\u003c/p>\n\u003cp>Sabatini's testimony, which is subject to cross-examination Wednesday, potentially rebuffs what has emerged as an important part of Harris and Almena's defense: That the fire was not due to the co-defendants' actions or neglect, but due to a deliberate act of arson. The defense has also sought to shift blame to the landlord and many government officials who visited the warehouse without flagging unsafe conditions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Defense attorneys Tony Serra and Curtis Briggs have said witnesses saw seven to 10 Latino men in dark clothing leave the building moments after the fire started, and that one of the witnesses then overheard people nearby boasting about leaving obstructions within the warehouse. They've also said witnesses will testify to hearing \"popping\" or breaking glass, indicative of the use of a Molotov cocktail.\u003c/p>\n\u003cp>Sabatini said it was the \"most complex\" investigation of her career, involving a collapsed ceiling and the recovery of bodies that had fallen from the second to first floor. Due to the suspected number of bodies, initially estimated to be as many as 100, and debris dense enough to prohibit moving through the interior of the building, the process was a \"tremendous challenge,\" Sabatini said. \"We couldn't see the floor.\"\u003c/p>\n\u003cp>Questioned by Alameda County Assistant District Attorney Casey Bates, Sabatini said the rapid spread of the fire resulted from the interior \"fuel load,\" referring to the maze of trailers, partitions and wooden furniture inside the Ghost Ship. She said art supplies such as paint thinner and gasoline, stored within recreational vehicles used as bedrooms and studios, also likely intensified the deadly conflagration.\u003c/p>\n\u003cp>During Sabatini's testimony, the prosecution projected photographs of the warehouse's interior taken during the investigation. The mounds of debris gradually grew smaller over time, as investigators hauled materials away in 5-gallon buckets. One of the photos depicted scorched appliances in an area where Sabatini said three witnesses independently reported to investigators first seeing flames.\u003c/p>\n\u003cp>During a preliminary hearing in December, Sabatini said she suspected the cause was electrical failure, but under cross-examination said she could not rule out an open flame or arson as possible causes of the fire. An earlier report by her team left the cause as officially undetermined.\u003c/p>\n\u003cp>Sabatini's testimony will continue Wednesday, beginning with cross-examination by Harris' co-counsel, Andrew Stein, a Southern California attorney brought in to question the fire investigator.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"disqusTitle": "Ghost Ship Trial: Former Resident Disputes 'Firetrap' Description, Recounts Deadly Blaze",
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"content": "\u003cp>A former tenant of the Oakland warehouse where a Dec. 2, 2016 fire killed 36 people testified Monday that the unpermitted residence and venue known as Ghost Ship wasn't the \"firetrap\" described by prosecutors, and disputed depictions of defendants Derick Almena and Max Harris as the space's leaders.\u003c/p>\n\u003cp>Adam Kennon, a carpenter who moved into the Fruitvale District warehouse in 2015, said he was outside smoking the night of the deadly blaze when he heard someone cry, \"Fire!\" and then entered to find a growing wall of flames. Kennon ushered several people out a side exit before running to a fire station.\u003c/p>\n\u003cp>[aside label=\"The Ghost Ship Trial\" tag=\"ghost-ship-trial\"]\u003c/p>\n\u003cp>Kennon rejected descriptions of a staircase leading to the second floor as being shoddily constructed from pallets, saying cosmetic features belied a sturdy foundation. He also testified that he'd installed two smoke detectors himself. Asked if he considered Ghost Ship a \"firetrap\" or \"tinderbox,\" he said no.\u003c/p>\n\u003cp>\"They weren't the pallet stairs you hear about on the news,\" he said. \"They were more than stable.\"\u003c/p>\n\u003cp>His testimony differed starkly from that of former warehouse resident Jennifer Turner, who earlier said from the witness stand that she moved out after only a few weeks due to concerns about fire safety.\u003c/p>\n\u003cp>Kennon also undercut prosecutors' descriptions of Almena and Harris, who each face 36 counts of involuntary manslaughter, as the operators of Ghost Ship. Asked if it would be fair to say there was no \"hierarchy\" or \"second in command,\" Kennon said yes. \"It was mostly communal decisions,\" he said.\u003c/p>\n\u003cp>Curtis Briggs, the defense attorney for Harris, told reporters outside the courthouse that Kennon's testimony \"debunked\" prosecutors' argument that alterations to the space and a lack of alarm devices led to the tragic loss of life. \"The fire grew too rapidly to evacuate because this was an arson fire,\" he said.\u003c/p>\n\u003cp>Prosecutors argue master tenant Almena created and ran Ghost Ship as a residence and music venue with willful disregard for safety, enlisting Harris as his subordinate. The defense is attempting to shift blame to the landlords and many officials who visited the property without flagging unsafe conditions, and claim the fire broke out not because of defendants' actions or neglect, but because of arson.\u003c/p>\n\u003cp>Kennon's testimony shed little more light on the arson theory. He said there were several strangers leaving through the side door moments after he was alerted to the fire, but that the flames appeared to originate from behind a locked, partially enclosed room. Briggs and defense attorney Tony Serra, who's representing Almena, have said the rapid growth of the fire suggests the use of accelerants such as gasoline.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Kennon also recalled at least two visits to the warehouse from Oakland police officers, and even more from workers with Child Protective Services, who were there \"constantly,\" he said. Kennon said that he once saw two people in clothing bearing fire department insignia attending a warehouse party as guests.\u003c/p>\n\u003cp>Jurors on Monday also heard emotional testimony from friends and romantic partners of people who died in the fire.\u003c/p>\n\u003cp>Alexis Abrams-Bourke said her and her partner Nicholas Walrath were planning on going to an art opening together before a change of plans led to him biking to Ghost Ship alone. Walrath texted her about using a hotline to acquire the warehouse address before sending two final messages: \"I love you\" and \"Fire.\"\u003c/p>\n\u003cp>[aside postID=news_11743815]\u003c/p>\n\u003cp>Alexa Burrell testified that the last message she received from her friend Nicole \"Denalda\" Siegrist was, \"There's a fire here.\" Burrell said she initially thought Siegrist was referring to a bonfire, and then traveled to the warehouse. By the time she arrived, she said the building was \"swallowed in flames.\"\u003c/p>\n\u003cp>Briggs told reporters he believes the text messages, which were projected on a screen, are not legally relevant. \"They don't hurt us,\" he said. \"None of these people have anything to say about Max Harris.\"\u003c/p>\n\u003cp>William Bardsley, a former Oakland police officer, testified about responding to a Dec. 3, 2014 incident at the warehouse in which Almena and another party were cited for alleged assault and battery. In police body camera footage shown in court, Almena tells the officers that no one lived inside the warehouse.\u003c/p>\n\u003cp>\"It was my understanding Almena lived there or worked there,\" Bardsley said.\u003c/p>\n\u003cp>Prosecutors will continue to call witnesses Tuesday.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A former tenant of the Oakland warehouse where a Dec. 2, 2016 fire killed 36 people testified Monday that the unpermitted residence and venue known as Ghost Ship wasn't the \"firetrap\" described by prosecutors, and disputed depictions of defendants Derick Almena and Max Harris as the space's leaders.\u003c/p>\n\u003cp>Adam Kennon, a carpenter who moved into the Fruitvale District warehouse in 2015, said he was outside smoking the night of the deadly blaze when he heard someone cry, \"Fire!\" and then entered to find a growing wall of flames. Kennon ushered several people out a side exit before running to a fire station.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Kennon rejected descriptions of a staircase leading to the second floor as being shoddily constructed from pallets, saying cosmetic features belied a sturdy foundation. He also testified that he'd installed two smoke detectors himself. Asked if he considered Ghost Ship a \"firetrap\" or \"tinderbox,\" he said no.\u003c/p>\n\u003cp>\"They weren't the pallet stairs you hear about on the news,\" he said. \"They were more than stable.\"\u003c/p>\n\u003cp>His testimony differed starkly from that of former warehouse resident Jennifer Turner, who earlier said from the witness stand that she moved out after only a few weeks due to concerns about fire safety.\u003c/p>\n\u003cp>Kennon also undercut prosecutors' descriptions of Almena and Harris, who each face 36 counts of involuntary manslaughter, as the operators of Ghost Ship. Asked if it would be fair to say there was no \"hierarchy\" or \"second in command,\" Kennon said yes. \"It was mostly communal decisions,\" he said.\u003c/p>\n\u003cp>Curtis Briggs, the defense attorney for Harris, told reporters outside the courthouse that Kennon's testimony \"debunked\" prosecutors' argument that alterations to the space and a lack of alarm devices led to the tragic loss of life. \"The fire grew too rapidly to evacuate because this was an arson fire,\" he said.\u003c/p>\n\u003cp>Prosecutors argue master tenant Almena created and ran Ghost Ship as a residence and music venue with willful disregard for safety, enlisting Harris as his subordinate. The defense is attempting to shift blame to the landlords and many officials who visited the property without flagging unsafe conditions, and claim the fire broke out not because of defendants' actions or neglect, but because of arson.\u003c/p>\n\u003cp>Kennon's testimony shed little more light on the arson theory. He said there were several strangers leaving through the side door moments after he was alerted to the fire, but that the flames appeared to originate from behind a locked, partially enclosed room. Briggs and defense attorney Tony Serra, who's representing Almena, have said the rapid growth of the fire suggests the use of accelerants such as gasoline.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Kennon also recalled at least two visits to the warehouse from Oakland police officers, and even more from workers with Child Protective Services, who were there \"constantly,\" he said. Kennon said that he once saw two people in clothing bearing fire department insignia attending a warehouse party as guests.\u003c/p>\n\u003cp>Jurors on Monday also heard emotional testimony from friends and romantic partners of people who died in the fire.\u003c/p>\n\u003cp>Alexis Abrams-Bourke said her and her partner Nicholas Walrath were planning on going to an art opening together before a change of plans led to him biking to Ghost Ship alone. Walrath texted her about using a hotline to acquire the warehouse address before sending two final messages: \"I love you\" and \"Fire.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Alexa Burrell testified that the last message she received from her friend Nicole \"Denalda\" Siegrist was, \"There's a fire here.\" Burrell said she initially thought Siegrist was referring to a bonfire, and then traveled to the warehouse. By the time she arrived, she said the building was \"swallowed in flames.\"\u003c/p>\n\u003cp>Briggs told reporters he believes the text messages, which were projected on a screen, are not legally relevant. \"They don't hurt us,\" he said. \"None of these people have anything to say about Max Harris.\"\u003c/p>\n\u003cp>William Bardsley, a former Oakland police officer, testified about responding to a Dec. 3, 2014 incident at the warehouse in which Almena and another party were cited for alleged assault and battery. In police body camera footage shown in court, Almena tells the officers that no one lived inside the warehouse.\u003c/p>\n\u003cp>\"It was my understanding Almena lived there or worked there,\" Bardsley said.\u003c/p>\n\u003cp>Prosecutors will continue to call witnesses Tuesday.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"disqusTitle": "Ghost Ship Trial: Defense Accuses Fire Officials of Shielding City from Civil Liability",
"title": "Ghost Ship Trial: Defense Accuses Fire Officials of Shielding City from Civil Liability",
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"content": "\u003cp>Defense attorney Tony Serra on Thursday accused fire officials of attempting to shield the City of Oakland from liability in a civil lawsuit proceeding alongside the criminal case against Max Harris and his client Derick Almena for their roles in the Dec. 2, 2016 Ghost Ship warehouse fire that killed 36.\u003c/p>\n\u003cp>James Bowron, the Oakland Fire Department battalion chief who commanded firefighters the night of the blaze, testified that in hindsight he would not have done anything differently to save lives.\u003c/p>\n\u003cp>\"Fire doubles in size every second it's left unchecked,\" Bowron said, stressing that he stands by his decision to direct firefighters to attack the fire from the front door and open a vent on the roof of the building.\u003c/p>\n\u003cp>[aside tag='ghost-ship-trial' label='More Ghost Ship Trial Coverage']\u003c/p>\n\u003cp>But Serra, who represents Almena, questioned Bowron's approach during cross examination, suggesting the battalion chief should've prioritized rescuing show-goers trapped inside. \u003c/p>\n\u003cp>Serra asked, \"Isn't it a fact that the largest motive you have is to protect the City of Oakland from civil liability?\"\u003c/p>\n\u003cp>\"That's not why I'm here,\" Bowron said.\u003c/p>\n\u003cp>Bowron said that although he initially believed the warehouse had only one floor and was not aware of a side exit, receiving the information earlier would not have changed his firefighting strategy. Because the second floor was more of a storage loft, not a sealed floor, the show-goers were \"suspended in the worst possible place to be in a fire,\" Bowron said. \"There was no safe space on the second floor.\" \u003c/p>\n\u003cp>Upon his arrival, Bowron said a bystander told him there were people trapped inside. But by that point, there was no \"survivability,\" he said, adding that he worried some of his own firefighters had perished.\u003c/p>\n\u003cp>Bowron's colleague, fire department Battalion Chief Heather Mozdean, was one of the first to arrive at the scene and got there before Bowron. She \u003ca href=\"https://www.kqed.org/news/11747277/ghost-ship-witness-testifies-on-efforts-to-get-people-to-flee-deadly-blaze\" rel=\"noopener\" target=\"_blank\">testified on Wednesday\u003c/a> that the blaze was \"the most difficult one I’ve ever fought.\"\u003c/p>\n\u003cp>Prosecutors say the codefendants each charged with 36 counts of involuntary manslaughter — master tenant Almena and Harris, who has been called creative director or second in command — ran the warehouse known as Ghost Ship as an illegal residence and event space with a willful disregard for safety. The defense says their clients are being scapegoated, assigning blame instead to city officials and the landlord.\u003c/p>\n\u003cp>The civil lawsuit Serra referred to involves dozens of plaintiffs and defendants, including property owners the Ng family, Pacific Gas & Electric Co. and the City of Oakland. The assertion that firefighters' performance couldn't have been better, Serra told reporters after trial, is a \"bunch of bologna.\" \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Zac Unger, president of the Oakland firefighters union, said in a statement that \"despite the numerous, speculative attacks...Local 55 remains incredibly proud of the brave men and women of the Oakland Fire Department and of the job they do every day as well as on the night of the Ghost Ship Fire.\" \u003c/p>\n\u003cp>Current and former Oakland police officers also testified Thursday about being called to the Ghost Ship warehouse prior to the fire. Officer Jonathan Low, in testimony continuing from Wednesday, said he visited the warehouse at least four times, once for a welfare check on Almena's children. After observing the children and a stocked refrigerator upstairs, he said he left \"satisfied\" with their condition.\u003c/p>\n\u003cp>During cross-examination by Almena's co-counsel Brian Getz, Low said he did not know how to cite someone for living in a warehouse illegally, and that he'd never done so. Getz asked, \"Do you even know if living in a warehouse illegally is an infraction or a misdemeanor?\" Low responded that he did not know. \u003c/p>\n\u003cp>During cross-examination by Harris' defense attorney Curtis Briggs, Low said that he \"might have had some impression\" that people lived in Ghost Ship, although Almena told him residential use was prohibited. \u003c/p>\n\u003cp>The line of questioning reflected the defense attorneys' arguments that officials in Oakland's building, police and fire departments ignored dangerous conditions at the warehouse. The defense \u003ca href=\"https://www.kqed.org/news/11744136/defense-in-ghost-ship-trial-asserts-evidence-will-show-arson-as-cause-of-deadly-fire\" rel=\"noopener\" target=\"_blank\">has also said\u003c/a> the fire broke out not because of their clients' actions or neglect, but due to a retaliatory act of arson. \u003c/p>\n\u003cp>[aside postID=news_11744136]\u003c/p>\n\u003cp>Retired Oakland police officer Tye Kushner recalled on the witness stand visiting the warehouse on Dec. 3, 2014. Body camera footage of the encounter played for jurors showed Almena telling Kushner that no one lived inside the warehouse.\u003c/p>\n\u003cp>\"You've got some cool stuff in here,\" Kushner said to Almena in the video. \u003c/p>\n\u003cp>Kushner also said that in 27 years as an Oakland police officer, he never cited someone for illegally living in a warehouse. \u003c/p>\n\u003cp>Ivan Mairesse, the only civilian witness to testify Thursday, recounted from the stand his escape from the warehouse fire. He attended the show to see Golden Donna, an electronic music act by his college friend Joel Shanahan, and within an hour of arriving upstairs detected a \"smoky, firecracker smell\" and saw smoke seeping up through the floor.\u003c/p>\n\u003cp>\"There was a clear sense of panic,\" he said. \u003c/p>\n\u003cp>When Mairesse and his friends approached the staircase, the lights went out. He couldn't recall seeing exit signs, alarms, sprinklers or any form of emergency illumination. \"That's when I remember the smoke getting thicker and darker very quickly,\" he said. \"It was essentially pitch black.\"\u003c/p>\n\u003cp>After maneuvering down the staircase, beckoned by someone shouting, there was a burst of air. \"I felt like I could breathe again,\" he said. \u003c/p>\n\u003cp>The prosecution will continue calling witnesses Monday.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Defense attorney Tony Serra on Thursday accused fire officials of attempting to shield the City of Oakland from liability in a civil lawsuit proceeding alongside the criminal case against Max Harris and his client Derick Almena for their roles in the Dec. 2, 2016 Ghost Ship warehouse fire that killed 36.\u003c/p>\n\u003cp>James Bowron, the Oakland Fire Department battalion chief who commanded firefighters the night of the blaze, testified that in hindsight he would not have done anything differently to save lives.\u003c/p>\n\u003cp>\"Fire doubles in size every second it's left unchecked,\" Bowron said, stressing that he stands by his decision to direct firefighters to attack the fire from the front door and open a vent on the roof of the building.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But Serra, who represents Almena, questioned Bowron's approach during cross examination, suggesting the battalion chief should've prioritized rescuing show-goers trapped inside. \u003c/p>\n\u003cp>Serra asked, \"Isn't it a fact that the largest motive you have is to protect the City of Oakland from civil liability?\"\u003c/p>\n\u003cp>\"That's not why I'm here,\" Bowron said.\u003c/p>\n\u003cp>Bowron said that although he initially believed the warehouse had only one floor and was not aware of a side exit, receiving the information earlier would not have changed his firefighting strategy. Because the second floor was more of a storage loft, not a sealed floor, the show-goers were \"suspended in the worst possible place to be in a fire,\" Bowron said. \"There was no safe space on the second floor.\" \u003c/p>\n\u003cp>Upon his arrival, Bowron said a bystander told him there were people trapped inside. But by that point, there was no \"survivability,\" he said, adding that he worried some of his own firefighters had perished.\u003c/p>\n\u003cp>Bowron's colleague, fire department Battalion Chief Heather Mozdean, was one of the first to arrive at the scene and got there before Bowron. She \u003ca href=\"https://www.kqed.org/news/11747277/ghost-ship-witness-testifies-on-efforts-to-get-people-to-flee-deadly-blaze\" rel=\"noopener\" target=\"_blank\">testified on Wednesday\u003c/a> that the blaze was \"the most difficult one I’ve ever fought.\"\u003c/p>\n\u003cp>Prosecutors say the codefendants each charged with 36 counts of involuntary manslaughter — master tenant Almena and Harris, who has been called creative director or second in command — ran the warehouse known as Ghost Ship as an illegal residence and event space with a willful disregard for safety. The defense says their clients are being scapegoated, assigning blame instead to city officials and the landlord.\u003c/p>\n\u003cp>The civil lawsuit Serra referred to involves dozens of plaintiffs and defendants, including property owners the Ng family, Pacific Gas & Electric Co. and the City of Oakland. The assertion that firefighters' performance couldn't have been better, Serra told reporters after trial, is a \"bunch of bologna.\" \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Zac Unger, president of the Oakland firefighters union, said in a statement that \"despite the numerous, speculative attacks...Local 55 remains incredibly proud of the brave men and women of the Oakland Fire Department and of the job they do every day as well as on the night of the Ghost Ship Fire.\" \u003c/p>\n\u003cp>Current and former Oakland police officers also testified Thursday about being called to the Ghost Ship warehouse prior to the fire. Officer Jonathan Low, in testimony continuing from Wednesday, said he visited the warehouse at least four times, once for a welfare check on Almena's children. After observing the children and a stocked refrigerator upstairs, he said he left \"satisfied\" with their condition.\u003c/p>\n\u003cp>During cross-examination by Almena's co-counsel Brian Getz, Low said he did not know how to cite someone for living in a warehouse illegally, and that he'd never done so. Getz asked, \"Do you even know if living in a warehouse illegally is an infraction or a misdemeanor?\" Low responded that he did not know. \u003c/p>\n\u003cp>During cross-examination by Harris' defense attorney Curtis Briggs, Low said that he \"might have had some impression\" that people lived in Ghost Ship, although Almena told him residential use was prohibited. \u003c/p>\n\u003cp>The line of questioning reflected the defense attorneys' arguments that officials in Oakland's building, police and fire departments ignored dangerous conditions at the warehouse. The defense \u003ca href=\"https://www.kqed.org/news/11744136/defense-in-ghost-ship-trial-asserts-evidence-will-show-arson-as-cause-of-deadly-fire\" rel=\"noopener\" target=\"_blank\">has also said\u003c/a> the fire broke out not because of their clients' actions or neglect, but due to a retaliatory act of arson. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Retired Oakland police officer Tye Kushner recalled on the witness stand visiting the warehouse on Dec. 3, 2014. Body camera footage of the encounter played for jurors showed Almena telling Kushner that no one lived inside the warehouse.\u003c/p>\n\u003cp>\"You've got some cool stuff in here,\" Kushner said to Almena in the video. \u003c/p>\n\u003cp>Kushner also said that in 27 years as an Oakland police officer, he never cited someone for illegally living in a warehouse. \u003c/p>\n\u003cp>Ivan Mairesse, the only civilian witness to testify Thursday, recounted from the stand his escape from the warehouse fire. He attended the show to see Golden Donna, an electronic music act by his college friend Joel Shanahan, and within an hour of arriving upstairs detected a \"smoky, firecracker smell\" and saw smoke seeping up through the floor.\u003c/p>\n\u003cp>\"There was a clear sense of panic,\" he said. \u003c/p>\n\u003cp>When Mairesse and his friends approached the staircase, the lights went out. He couldn't recall seeing exit signs, alarms, sprinklers or any form of emergency illumination. \"That's when I remember the smoke getting thicker and darker very quickly,\" he said. \"It was essentially pitch black.\"\u003c/p>\n\u003cp>After maneuvering down the staircase, beckoned by someone shouting, there was a burst of air. \"I felt like I could breathe again,\" he said. \u003c/p>\n\u003cp>The prosecution will continue calling witnesses Monday.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A senior fire official testified Wednesday in the Ghost Ship trial that whoever changes a building's use is responsible for compliance with safety codes intended to save lives in the event of a blaze. \u003c/p>\n\u003cp>Cesar Avila, former assistant fire marshal with the City of Oakland, described the differing safety standards for buildings designated assembly, residential and storage, and explained how a change of use can trigger more stringent requirements. \u003c/p>\n\u003cp>[aside tag='ghost-ship-trial' label='More Ghost Ship Trial Coverage']\u003c/p>\n\u003cp>\"Sometimes we refer to the [fire] code as being written in blood and ashes,\" he said.\u003c/p>\n\u003cp>The highly technical testimony led to a question from Alameda County prosecutor Casey Bates about who shoulders the responsibility for code compliance. Avila responded that whoever changes the use, whether tenant or landlord, is required to make improvements reflecting relevant safety standards. \u003c/p>\n\u003cp>Avila appeared in court on the third day of witness testimony in the criminal trial stemming from the 2016 Ghost Ship warehouse fire that killed 36. Master tenant Derick Almena and Max Harris, who's been described as second in command or creative director, each face 36 counts of involuntary manslaughter. \u003c/p>\n\u003cp>Bates has previously argued that Almena and Harris converted the Fruitvale district warehouse into an unpermitted residence and music venue with willful disregard for fire safety, while the defendants' attorneys have attempted to shift blame to city officials for ignoring dangerous conditions. \u003c/p>\n\u003cp>The defense attorneys have also said the fire broke out not because of code deficiencies, but because of a band of arsonists in dark clothing, alluding to a conflict between the warehouse and a neighbor.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Avila said buildings designated multi-unit residential require illuminated exit signs and two means of escape, and that an exit leading to a lot surrounded by a fence with a locked gate doesn't qualify. Assembly and residential buildings also require integrated fire suppression and alarm systems, he said. \u003c/p>\n\u003cp>He also said it's \"absolutely not\" permissible to have indoor recreational-vehicles used residentially. \"A mobile home or RV is not a room,\" he said. \"You could have fuel, fumes [and] propane tanks attached to the RV. ... You could have oil in the car that could help fire spread.\" \u003c/p>\n\u003cp>During cross-examination, Harris' defense attorney Curtis Briggs stressed that his client moved in to Ghost Ship after the bulk of the interior construction. Briggs asked Avila if Harris had access to the city database indicating the permitted use of the building, and the witness said no. \u003c/p>\n\u003cp>In an unusual exchange, Briggs also called Avila's attention to the courtroom's lack of fire sprinklers and exit signs, asking how trial-goers would know how to escape in the event of a fire. Avila responded that because buildings such as the courthouse predate modern fire codes, different standards apply. \u003c/p>\n\u003cp>During cross-examination by Almena's attorney Tony Serra, Avila said he found no records of the Ghost Ship warehouse being inspected prior to the fire. \u003c/p>\n\u003cp>In the afternoon, the prosecution called Jennifer Turner to the witness stand. Turner said she rented a space in Ghost Ship for fewer than two months in late 2014 after responding to a Craigslist advertisement for housing in a \"psychedelic pirate ship.\"\u003c/p>\n\u003cp>During a tour of the space, Turner said Almena and another tenant \"explicitly\" told her to publicly describe Ghost Ship as a 24-hour artists' studio with public access, not a residence. Turner is expected to continue testifying that she moved out because of safety concerns.\u003c/p>\n\u003cp>Serra told reporters that he'll show the building owners, the Ng family, knew about the change of use, and emphasized that ultimately the jury must decide who had responsibility for safety at Ghost Ship.\u003c/p>\n\u003cp>\"You watch, we're going to raise reasonable doubt that it was arson,\" Serra added. \"All the fire codes in the world aren't going to take into account what you have to do when there's an arson.\" \u003c/p>\n\u003cp>The jury also heard testimony Wednesday from Judy Melinek, a forensic pathologist who conducted autopsies on eight Ghost Ship fire victims and determined they died of smoke inhalation. \u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Sometimes we refer to the [fire] code as being written in blood and ashes,\" he said.\u003c/p>\n\u003cp>The highly technical testimony led to a question from Alameda County prosecutor Casey Bates about who shoulders the responsibility for code compliance. Avila responded that whoever changes the use, whether tenant or landlord, is required to make improvements reflecting relevant safety standards. \u003c/p>\n\u003cp>Avila appeared in court on the third day of witness testimony in the criminal trial stemming from the 2016 Ghost Ship warehouse fire that killed 36. Master tenant Derick Almena and Max Harris, who's been described as second in command or creative director, each face 36 counts of involuntary manslaughter. \u003c/p>\n\u003cp>Bates has previously argued that Almena and Harris converted the Fruitvale district warehouse into an unpermitted residence and music venue with willful disregard for fire safety, while the defendants' attorneys have attempted to shift blame to city officials for ignoring dangerous conditions. \u003c/p>\n\u003cp>The defense attorneys have also said the fire broke out not because of code deficiencies, but because of a band of arsonists in dark clothing, alluding to a conflict between the warehouse and a neighbor.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Avila said buildings designated multi-unit residential require illuminated exit signs and two means of escape, and that an exit leading to a lot surrounded by a fence with a locked gate doesn't qualify. Assembly and residential buildings also require integrated fire suppression and alarm systems, he said. \u003c/p>\n\u003cp>He also said it's \"absolutely not\" permissible to have indoor recreational-vehicles used residentially. \"A mobile home or RV is not a room,\" he said. \"You could have fuel, fumes [and] propane tanks attached to the RV. ... You could have oil in the car that could help fire spread.\" \u003c/p>\n\u003cp>During cross-examination, Harris' defense attorney Curtis Briggs stressed that his client moved in to Ghost Ship after the bulk of the interior construction. Briggs asked Avila if Harris had access to the city database indicating the permitted use of the building, and the witness said no. \u003c/p>\n\u003cp>In an unusual exchange, Briggs also called Avila's attention to the courtroom's lack of fire sprinklers and exit signs, asking how trial-goers would know how to escape in the event of a fire. Avila responded that because buildings such as the courthouse predate modern fire codes, different standards apply. \u003c/p>\n\u003cp>During cross-examination by Almena's attorney Tony Serra, Avila said he found no records of the Ghost Ship warehouse being inspected prior to the fire. \u003c/p>\n\u003cp>In the afternoon, the prosecution called Jennifer Turner to the witness stand. Turner said she rented a space in Ghost Ship for fewer than two months in late 2014 after responding to a Craigslist advertisement for housing in a \"psychedelic pirate ship.\"\u003c/p>\n\u003cp>During a tour of the space, Turner said Almena and another tenant \"explicitly\" told her to publicly describe Ghost Ship as a 24-hour artists' studio with public access, not a residence. Turner is expected to continue testifying that she moved out because of safety concerns.\u003c/p>\n\u003cp>Serra told reporters that he'll show the building owners, the Ng family, knew about the change of use, and emphasized that ultimately the jury must decide who had responsibility for safety at Ghost Ship.\u003c/p>\n\u003cp>\"You watch, we're going to raise reasonable doubt that it was arson,\" Serra added. \"All the fire codes in the world aren't going to take into account what you have to do when there's an arson.\" \u003c/p>\n\u003cp>The jury also heard testimony Wednesday from Judy Melinek, a forensic pathologist who conducted autopsies on eight Ghost Ship fire victims and determined they died of smoke inhalation. \u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"disqusTitle": "Ghost Ship Trial Witness Testifies About 'Explosive' Spread of Deadly Fire",
"title": "Ghost Ship Trial Witness Testifies About 'Explosive' Spread of Deadly Fire",
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"content": "\u003cp>\u003cem>Updated Wednesday, May 8, at 9 a.m.\u003c/em>\u003c/p>\n\u003cp>A man who volunteered as a greeter and oversaw donations the night of a 2016 electronic music party at an Oakland warehouse that caught fire, killing 36, testified Tuesday that the blaze spread quickly, forcing him and others to flee.\u003c/p>\n\u003cp>[aside tag='ghost-ship-trial' label='More Coverage of the Ghost Ship Trial']\u003c/p>\n\u003cp>\"Within five seconds it exploded into an inferno,\" Ryan O'Keefe said of the fire, which he first noticed at 11:15 p.m. on Dec. 2, 2016, at the warehouse known as the Ghost Ship. Answering questions from Alameda County Deputy District Attorney Autrey James, O'Keefe said he was specifically referring to the silent, rapid spread of the blaze, not an actual audible explosion.\u003c/p>\n\u003cp>Master tenant Derick Almena and Max Harris, who has sometimes been referred to as a second-in-command or creative director, each face 36 counts of involuntary manslaughter.\u003c/p>\n\u003cp>O'Keefe said the fire began in the rear of the building and \"spread up and then across the ceiling.\" He said he and three others were forced to flee through a front door, near where they had been welcoming guests. He said they fled due to \"extremely viscous\" smoke that had a \"sparkle-like profile.\"\u003c/p>\n\u003cp>O'Keefe said the smoke filled the building so fast he didn't have time to grab his wallet, laptop and beer.\u003c/p>\n\u003cp>He said he could hear lightbulbs popping in succession from the rear of the building. He said his lip had been burned by smoke.\u003c/p>\n\u003cp>James asked if he had heard fire alarms, to which O'Keefe answered no. James also asked if he had seen anybody enter with Molotov cocktails or whether he had seen seven to 10 people on the lower floor. O'Keefe said no to the questions.\u003c/p>\n\u003cp>The defense said in opening statements last week that they will present evidence that arson was the cause of the fire. They said some witnesses will testify that they heard a fight or scuffle, bottles breaking or popping, and approximately seven to 10 people fleeing through a side entrance just before the fire began.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Defense attorney Curtis Briggs said during lunch recess outside court Tuesday that O'Keefe's recollection of how quickly the fire spread validates the defense's arson theory — that an accelerant was responsible for its rapid growth.\u003c/p>\n\u003cp>O'Keefe also said he had been at a 2016 Thanksgiving gathering at the Ghost Ship, which took place on the second floor of the warehouse. Asked by defense attorney Tyler Smith if he had considered the warehouse during that gathering to be \"unsafe,\" a \"death trap\" or a \"tinderbox,\" O'Keefe responded no.\u003c/p>\n\u003cp>O'Keefe also recalled seeing fire extinguishers near a downstairs bathroom the night of the fire.\u003c/p>\n\u003cp>The prosecution called as its first witness Tuesday forensic pathologist Dr. Thomas Rogers, who performed autopsies on eight of the victims of the blaze.\u003c/p>\n\u003cp>Rogers, who performs autopsies for Alameda and San Mateo counties, said all eight had died from smoke inhalation and had elevated, potentially lethal levels of carbon monoxide in their blood. The defense did not cross-examine Rogers.\u003c/p>\n\u003cp>The prosecution has argued that Almena and Harris illegally converted the commercial warehouse into a residential art space, stuffed from floor to ceiling with flammable building materials, and didn't install the proper safety equipment, such as sprinklers, fire alarms and well-lit exits.\u003c/p>\n\u003cp>Rodney Griffin, who said he had once considered Almena “a brother” prior to a falling out, testified Tuesday that he had been in the warehouse prior to signing of the lease at Almena’s request to evaluate what it would take to get the empty building up to speed.\u003c/p>\n\u003cp>Griffin, who is not a licensed contractor, but has over 20 years of experience in construction trades, said he told Almena it would take about $3,000 to build a set of stairs toward the front of the building and about $2,000 to install fire doors.\u003c/p>\n\u003cp>Almena responded that the amount was “too much money, and could probably be built for less.”\u003c/p>\n\u003cp>Six months following Almena signing the lease, Griffin said he visited the warehouse and told Almena the warehouse was “very dangerous” and called it a “death trap,” at which Almena laughed. Griffin repeated what Almena told him at the time, \"Ha. Ha. We should call it the Satya Yuga death trap.\" The warehouse had also been known as the Satya Yuga collective at the time.\u003c/p>\n\u003cp>He said three motor homes had been parked inside along with some vintage camper trailers. Griffin said Almena had moved in “so many” art works, pianos, organs, old speakers, tapestries, fabrics and wood, some he said was used to separate living areas.\u003c/p>\n\u003cp>Griffin also said he grew concerned after it appeared the warehouse had been \"fire bombed\" in September 2014. 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"excerpt": "'Within five seconds it exploded into an inferno,' Ryan O'Keefe said of the blaze he first noticed about 11:15 p.m. on Dec. 2, 2016.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Wednesday, May 8, at 9 a.m.\u003c/em>\u003c/p>\n\u003cp>A man who volunteered as a greeter and oversaw donations the night of a 2016 electronic music party at an Oakland warehouse that caught fire, killing 36, testified Tuesday that the blaze spread quickly, forcing him and others to flee.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Within five seconds it exploded into an inferno,\" Ryan O'Keefe said of the fire, which he first noticed at 11:15 p.m. on Dec. 2, 2016, at the warehouse known as the Ghost Ship. Answering questions from Alameda County Deputy District Attorney Autrey James, O'Keefe said he was specifically referring to the silent, rapid spread of the blaze, not an actual audible explosion.\u003c/p>\n\u003cp>Master tenant Derick Almena and Max Harris, who has sometimes been referred to as a second-in-command or creative director, each face 36 counts of involuntary manslaughter.\u003c/p>\n\u003cp>O'Keefe said the fire began in the rear of the building and \"spread up and then across the ceiling.\" He said he and three others were forced to flee through a front door, near where they had been welcoming guests. He said they fled due to \"extremely viscous\" smoke that had a \"sparkle-like profile.\"\u003c/p>\n\u003cp>O'Keefe said the smoke filled the building so fast he didn't have time to grab his wallet, laptop and beer.\u003c/p>\n\u003cp>He said he could hear lightbulbs popping in succession from the rear of the building. He said his lip had been burned by smoke.\u003c/p>\n\u003cp>James asked if he had heard fire alarms, to which O'Keefe answered no. James also asked if he had seen anybody enter with Molotov cocktails or whether he had seen seven to 10 people on the lower floor. O'Keefe said no to the questions.\u003c/p>\n\u003cp>The defense said in opening statements last week that they will present evidence that arson was the cause of the fire. They said some witnesses will testify that they heard a fight or scuffle, bottles breaking or popping, and approximately seven to 10 people fleeing through a side entrance just before the fire began.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Defense attorney Curtis Briggs said during lunch recess outside court Tuesday that O'Keefe's recollection of how quickly the fire spread validates the defense's arson theory — that an accelerant was responsible for its rapid growth.\u003c/p>\n\u003cp>O'Keefe also said he had been at a 2016 Thanksgiving gathering at the Ghost Ship, which took place on the second floor of the warehouse. Asked by defense attorney Tyler Smith if he had considered the warehouse during that gathering to be \"unsafe,\" a \"death trap\" or a \"tinderbox,\" O'Keefe responded no.\u003c/p>\n\u003cp>O'Keefe also recalled seeing fire extinguishers near a downstairs bathroom the night of the fire.\u003c/p>\n\u003cp>The prosecution called as its first witness Tuesday forensic pathologist Dr. Thomas Rogers, who performed autopsies on eight of the victims of the blaze.\u003c/p>\n\u003cp>Rogers, who performs autopsies for Alameda and San Mateo counties, said all eight had died from smoke inhalation and had elevated, potentially lethal levels of carbon monoxide in their blood. The defense did not cross-examine Rogers.\u003c/p>\n\u003cp>The prosecution has argued that Almena and Harris illegally converted the commercial warehouse into a residential art space, stuffed from floor to ceiling with flammable building materials, and didn't install the proper safety equipment, such as sprinklers, fire alarms and well-lit exits.\u003c/p>\n\u003cp>Rodney Griffin, who said he had once considered Almena “a brother” prior to a falling out, testified Tuesday that he had been in the warehouse prior to signing of the lease at Almena’s request to evaluate what it would take to get the empty building up to speed.\u003c/p>\n\u003cp>Griffin, who is not a licensed contractor, but has over 20 years of experience in construction trades, said he told Almena it would take about $3,000 to build a set of stairs toward the front of the building and about $2,000 to install fire doors.\u003c/p>\n\u003cp>Almena responded that the amount was “too much money, and could probably be built for less.”\u003c/p>\n\u003cp>Six months following Almena signing the lease, Griffin said he visited the warehouse and told Almena the warehouse was “very dangerous” and called it a “death trap,” at which Almena laughed. Griffin repeated what Almena told him at the time, \"Ha. Ha. We should call it the Satya Yuga death trap.\" The warehouse had also been known as the Satya Yuga collective at the time.\u003c/p>\n\u003cp>He said three motor homes had been parked inside along with some vintage camper trailers. Griffin said Almena had moved in “so many” art works, pianos, organs, old speakers, tapestries, fabrics and wood, some he said was used to separate living areas.\u003c/p>\n\u003cp>Griffin also said he grew concerned after it appeared the warehouse had been \"fire bombed\" in September 2014. He said he visited a fire station approximately one city block away from the warehouse and told the station chief about the conditions there.\u003c/p>\n\u003cp>Griffin testified the station chief told him there had been numerous reports and that they were aware of the situation.\u003c/p>\n\u003cp>Griffin testified he felt the issue wouldn't \"be properly addressed\" and said he felt his concerns would be \"brushed off.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>Updated 7:06 p.m.\u003c/em>\u003c/p>\n\u003cp>One of the original co-signers of the lease for an Oakland warehouse that caught fire in 2016, killing 36 people, testified Monday that he grew concerned over changes to the building, and tried to get out of the agreement within weeks of signing.\u003c/p>\n\u003cp>And in a surprise announcement, after testimony wrapped up Monday, Alameda County Deputy District Attorney Autrey James told the court that electrician Robert Jacobitz, who was scheduled to testify this week, died Sunday. He had performed electrical work at the warehouse known as the Ghost Ship, according to reports.\u003c/p>\n\u003cp>[aside tag='ghost-ship-trial' label='More Ghost Ship Trial Coverage']\u003c/p>\n\u003cp>Nicholas \"Nico\" Bouchard, the second witness called to testify in the trial of two men each charged with 36 counts of involuntary manslaughter, said he grew concerned over changes master tenant Derick Almena began making after they had signed the lease in November 2013. That included a 20-by-20-foot hole cut into the second floor in place of an old conveyor belt that people used to hoist pianos and organs.\u003c/p>\n\u003cp>The prosecution has argued that Almena and Harris filled the illegally converted warehouse with flammable building materials from floor to ceiling and hadn't implemented safety measures required of such a building.\u003c/p>\n\u003cp>Both Almena and Max Harris, often referred to as second-in-command or creative director, both face charges in the deadly fire that broke out on Dec. 2, 2016.\u003c/p>\n\u003cp>Bouchard cited he was concerned about the lack of smoke alarms, sprinklers and fire extinguishers inside the warehouse. He said about half of the electrical outlets in the building weren't operational.\u003c/p>\n\u003cp>Bouchard said he had been consulting with his mother regarding safety upgrades and also cited a meeting in Emeryville with Almena where they voiced these concerns. He said Almena \"scoffed and laughed at us and called us too mainstream.\"\u003c/p>\n\u003cp>Bouchard said Almena, \"liked to do things not by the books and \"as DIY as possible.\"\u003c/p>\n\u003cp>After the meeting, Bouchard said he went away for a weekend to Harbin Hot Springs in Northern California, and when he returned he said he was \"done,\" or wanted to get out of the lease.\u003c/p>\n\u003cp>Following questions from James, the Alameda County Deputy district attorney, Bouchard said he sent an email to Eva Ng, daughter of landlord Chor Ng, saying he was leaving the premises, and was dropping off his keys. He also advised Ng that she should evict Almena. Bouchard said he moved out of the warehouse within two to three weeks of signing the lease.\u003c/p>\n\u003cp>Bouchard said he was worried he would be stuck with the full liability of the lease due to Almena's changes. In later meetings, Bouchard said Almena wanted to work with him on a music festival project but said he wouldn't work with Almena because he \"had become aggressive at that point\" and \"had a bad reputation.\" Bouchard also said in those visits after he moved out that Almena was \"heavily using speed.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The day's testimonies began dramatically with Carol Cidlik, mother of one of the victims. She cried as she identified a photo of her daughter, Nicole Siegrist, also nicknamed Denalda. She said she received texts throughout the day her daughter died.\u003c/p>\n\u003cp>James, the prosecutor, showed texts between the two, a final one from Siegrist that read, \"I'm gonna die now.\" The defense had objected to the testimony before the jury was called to the courtroom, calling the text \"inflammatory\" and that it was \"tugging at the heartstrings.\"\u003c/p>\n\u003cp>Defense attorney Tyler Smith, who represents Harris, said the \"true reason is to appeal to the emotions of the jurors.\"\u003c/p>\n\u003cp>Judge Trina Thompson allowed testimony from Cidlik if it referred specifically to the time and location from where the text was sent.\u003c/p>\n\u003cp>Cidlik, who lives in Hawaii, said she had received the final text at 11:23 p.m. California time, the time at which the fire had broken out. Defense attorneys did not cross-examine Cidlik.\u003c/p>\n\u003cp>Elizabeth Mazzola, who lived at the Ghost Ship for about a month and escaped the night of the fire, was the final witness Monday and answered questions from James regarding the state of the warehouse.\u003c/p>\n\u003cp>Mazzola, who was subletting a living space on the first floor, said she saw a wall of flame as the fire broke out, and said she couldn’t recall any sprinklers, smoke detectors or emergency lights as she fled out the main pathway and out the front door of the warehouse. She said she wasn’t sure if she saw exit signs.\u003c/p>\n\u003cp>James also asked if she had seen any strangers in the area where the fire broke out to which she answered, “there was no one back there.”\u003c/p>\n\u003cp>The defense has argued, in a relatively new theory, that the warehouse was a target of arson and that no amount of safety measures could have prevented the fire. The defense said in opening statements last week that at least three witnesses will testify they saw strangers near the ignition point of the fire, heard a scuffle or fight and heard bottles popping. They said witnesses will testify that several people fled from the building through a side door just before the fire started.\u003c/p>\n\u003cp>Smith, the defense attorney, asked if Mazzola had only observed the area immediately after the fire started, not before. Mazzola said that was correct.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Nicholas \"Nico\" Bouchard, the second witness called to testify in the trial of two men each charged with 36 counts of involuntary manslaughter, said he grew concerned over changes master tenant Derick Almena began making after they had signed the lease in November 2013. That included a 20-by-20-foot hole cut into the second floor in place of an old conveyor belt that people used to hoist pianos and organs.\u003c/p>\n\u003cp>The prosecution has argued that Almena and Harris filled the illegally converted warehouse with flammable building materials from floor to ceiling and hadn't implemented safety measures required of such a building.\u003c/p>\n\u003cp>Both Almena and Max Harris, often referred to as second-in-command or creative director, both face charges in the deadly fire that broke out on Dec. 2, 2016.\u003c/p>\n\u003cp>Bouchard cited he was concerned about the lack of smoke alarms, sprinklers and fire extinguishers inside the warehouse. He said about half of the electrical outlets in the building weren't operational.\u003c/p>\n\u003cp>Bouchard said he had been consulting with his mother regarding safety upgrades and also cited a meeting in Emeryville with Almena where they voiced these concerns. He said Almena \"scoffed and laughed at us and called us too mainstream.\"\u003c/p>\n\u003cp>Bouchard said Almena, \"liked to do things not by the books and \"as DIY as possible.\"\u003c/p>\n\u003cp>After the meeting, Bouchard said he went away for a weekend to Harbin Hot Springs in Northern California, and when he returned he said he was \"done,\" or wanted to get out of the lease.\u003c/p>\n\u003cp>Following questions from James, the Alameda County Deputy district attorney, Bouchard said he sent an email to Eva Ng, daughter of landlord Chor Ng, saying he was leaving the premises, and was dropping off his keys. He also advised Ng that she should evict Almena. Bouchard said he moved out of the warehouse within two to three weeks of signing the lease.\u003c/p>\n\u003cp>Bouchard said he was worried he would be stuck with the full liability of the lease due to Almena's changes. In later meetings, Bouchard said Almena wanted to work with him on a music festival project but said he wouldn't work with Almena because he \"had become aggressive at that point\" and \"had a bad reputation.\" Bouchard also said in those visits after he moved out that Almena was \"heavily using speed.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The day's testimonies began dramatically with Carol Cidlik, mother of one of the victims. She cried as she identified a photo of her daughter, Nicole Siegrist, also nicknamed Denalda. She said she received texts throughout the day her daughter died.\u003c/p>\n\u003cp>James, the prosecutor, showed texts between the two, a final one from Siegrist that read, \"I'm gonna die now.\" The defense had objected to the testimony before the jury was called to the courtroom, calling the text \"inflammatory\" and that it was \"tugging at the heartstrings.\"\u003c/p>\n\u003cp>Defense attorney Tyler Smith, who represents Harris, said the \"true reason is to appeal to the emotions of the jurors.\"\u003c/p>\n\u003cp>Judge Trina Thompson allowed testimony from Cidlik if it referred specifically to the time and location from where the text was sent.\u003c/p>\n\u003cp>Cidlik, who lives in Hawaii, said she had received the final text at 11:23 p.m. California time, the time at which the fire had broken out. Defense attorneys did not cross-examine Cidlik.\u003c/p>\n\u003cp>Elizabeth Mazzola, who lived at the Ghost Ship for about a month and escaped the night of the fire, was the final witness Monday and answered questions from James regarding the state of the warehouse.\u003c/p>\n\u003cp>Mazzola, who was subletting a living space on the first floor, said she saw a wall of flame as the fire broke out, and said she couldn’t recall any sprinklers, smoke detectors or emergency lights as she fled out the main pathway and out the front door of the warehouse. She said she wasn’t sure if she saw exit signs.\u003c/p>\n\u003cp>James also asked if she had seen any strangers in the area where the fire broke out to which she answered, “there was no one back there.”\u003c/p>\n\u003cp>The defense has argued, in a relatively new theory, that the warehouse was a target of arson and that no amount of safety measures could have prevented the fire. The defense said in opening statements last week that at least three witnesses will testify they saw strangers near the ignition point of the fire, heard a scuffle or fight and heard bottles popping. They said witnesses will testify that several people fled from the building through a side door just before the fire started.\u003c/p>\n\u003cp>Smith, the defense attorney, asked if Mazzola had only observed the area immediately after the fire started, not before. Mazzola said that was correct.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The son and daughter of an Oakland property owner appeared in court for the first time Thursday during the trial of two men facing involuntary manslaughter charges in the deadly 2016 fire at the Ghost Ship warehouse that left 36 people dead.\u003c/p>\n\u003cp>[aside tag='ghost-ship-trial' label='More Ghost Ship Trial Coverage']\u003c/p>\n\u003cp>Kai and Eva Ng were ordered to Alameda County Superior Court to determine if certain evidence would be admissible regarding the warehouse, which was illegally converted into a living and event space that caught fire on Dec. 2, 2016, during an electronic music party.\u003c/p>\n\u003cp>The Ghost Ship fire was the deadliest structure fire in the U.S. in more than 10 years. Assigning criminal culpability for the three dozen deaths has strained Alameda County's judicial system, with a prior judge \u003ca href=\"https://www.kqed.org/news/11686316/judge-rejects-plea-deals-in-deadly-oakland-warehouse-fire\" target=\"_blank\" rel=\"noopener\">rejecting a plea agreement\u003c/a> in August that would have avoided a trial.\u003c/p>\n\u003cp>The defense argues that other parties, such as the building's owner, Chor Ng, should have faced charges instead of leaseholder Derick Almena and resident Max Harris.\u003c/p>\n\u003cp>Eva Ng invoked her Fifth Amendment right against self-incrimination and declined to answer questions from prosecutor Autrey James about lease agreements made with Almena in late 2013.\u003c/p>\n\u003cp>She also declined to answer questions from defense attorney Curtis Briggs, who represents Harris, about whether she knew that anyone was living at the warehouse on the night of the fire. Attorney Tony Serra, who represents Almena, asked whether Ng knew from the outset that artists would live in the warehouse.\u003c/p>\n\u003cp>Ng again pleaded the Fifth and declined to answer.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The prosecution asked Kai Ng if he was the property manager of the warehouse. He declined to answer.\u003c/p>\n\u003cp>Briggs asked Kai Ng if he had offered money or used political influence in order to avoid being charged in the case. Serra asked if Kai Ng had received $3 million from insurance on the warehouse.\u003c/p>\n\u003cp>Over approximately 30 minutes of questioning, the siblings didn't answer a single time.\u003c/p>\n\u003cp>After the Ngs left the courtroom separately, Briggs said his client couldn’t get a fair trial without testimony from them, calling them the “single most culpable parties” and “central to the defense” because they collected rent, owned the warehouse and knew why changes to the building occurred.\u003c/p>\n\u003cp>Serra requested the Ngs be granted immunity so they could testify. The prosecution declined.\u003c/p>\n\u003cp>“They don’t want these landlords to testify because they’re central to our defense,” Serra said.\u003c/p>\n\u003cp>Judge Trina Thompson said it was unusual for the defense to request immunity, but said she would look into it. She said opening statements, which are expected for April 30, may be pushed back.\u003c/p>\n\u003cp>Jury selection is slated to begin next week.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Kai and Eva Ng were ordered to Alameda County Superior Court to determine if certain evidence would be admissible regarding the warehouse, which was illegally converted into a living and event space that caught fire on Dec. 2, 2016, during an electronic music party.\u003c/p>\n\u003cp>The Ghost Ship fire was the deadliest structure fire in the U.S. in more than 10 years. Assigning criminal culpability for the three dozen deaths has strained Alameda County's judicial system, with a prior judge \u003ca href=\"https://www.kqed.org/news/11686316/judge-rejects-plea-deals-in-deadly-oakland-warehouse-fire\" target=\"_blank\" rel=\"noopener\">rejecting a plea agreement\u003c/a> in August that would have avoided a trial.\u003c/p>\n\u003cp>The defense argues that other parties, such as the building's owner, Chor Ng, should have faced charges instead of leaseholder Derick Almena and resident Max Harris.\u003c/p>\n\u003cp>Eva Ng invoked her Fifth Amendment right against self-incrimination and declined to answer questions from prosecutor Autrey James about lease agreements made with Almena in late 2013.\u003c/p>\n\u003cp>She also declined to answer questions from defense attorney Curtis Briggs, who represents Harris, about whether she knew that anyone was living at the warehouse on the night of the fire. Attorney Tony Serra, who represents Almena, asked whether Ng knew from the outset that artists would live in the warehouse.\u003c/p>\n\u003cp>Ng again pleaded the Fifth and declined to answer.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The prosecution asked Kai Ng if he was the property manager of the warehouse. He declined to answer.\u003c/p>\n\u003cp>Briggs asked Kai Ng if he had offered money or used political influence in order to avoid being charged in the case. Serra asked if Kai Ng had received $3 million from insurance on the warehouse.\u003c/p>\n\u003cp>Over approximately 30 minutes of questioning, the siblings didn't answer a single time.\u003c/p>\n\u003cp>After the Ngs left the courtroom separately, Briggs said his client couldn’t get a fair trial without testimony from them, calling them the “single most culpable parties” and “central to the defense” because they collected rent, owned the warehouse and knew why changes to the building occurred.\u003c/p>\n\u003cp>Serra requested the Ngs be granted immunity so they could testify. The prosecution declined.\u003c/p>\n\u003cp>“They don’t want these landlords to testify because they’re central to our defense,” Serra said.\u003c/p>\n\u003cp>Judge Trina Thompson said it was unusual for the defense to request immunity, but said she would look into it. She said opening statements, which are expected for April 30, may be pushed back.\u003c/p>\n\u003cp>Jury selection is slated to begin next week.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The judge in the trial of two men facing manslaughter charges stemming from the deadly 2016 \"Ghost Ship\" warehouse blaze in Oakland heard arguments Wednesday over terminology that will be allowed in the case, including a defense request to limit the use of words such as “fire trap” and “tinderbox.”\u003cbr>\n[aside postID='news_11737333,news_11686316,news_11687258' label='More Ghost Ship Coverage']\u003c/p>\n\u003cp>A warehouse illegally converted into a living and event space caught fire on Dec. 2, 2016, during an electronic music party. The fire killed 35 concert-goers and one resident in what was the deadliest structure fire in the U.S. in over a decade.\u003c/p>\n\u003cp>Master tenant Derick Almena and resident Max Harris each face 36 counts of involuntary manslaughter.\u003c/p>\n\u003cp>Harris' attorney Curtis Briggs argued Wednesday that the words “tinderbox,” \"death trap,” \"fire trap\" and “maze” are terms that experts wouldn't use.\u003c/p>\n\u003cp>“There’s so much momentum for lay witnesses to say such terms after the fact,” Briggs said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Almena's attorney Tony Serra said the metaphors were argumentative and could unfairly sway a jury against his client.\u003c/p>\n\u003cp>Alameda County prosecutor Casey Bates said the words are important because they referred to the physical condition of the warehouse — jam-packed with RVs, other makeshift living spaces, art projects and wood — and shouldn’t be limited during trial.\u003c/p>\n\u003cp>Judge Trina Thompson placed limitations on the use of the metaphorical language during opening statements, which are expected at the end of April.\u003c/p>\n\u003cp>But Thompson said the terms would be allowed otherwise because the “phraseology is common among lay persons.\"\u003c/p>\n\u003cp>The ruling mirrors Thompson's decision Tuesday against the defense’s use of the words “cover-up” and “scapegoat\" to refer to Almena and Harris.\u003c/p>\n\u003cp>The defense argues other parties, such as the building's owner, should have faced charges instead of Almena and Harris. Defense attorneys also point to a series of apparent failures by Oakland fire, police and building inspectors, among other government officials, who could have intervened to shut the place down or bring it up to code.\u003c/p>\n\u003cp>Serra also argued in a motion to prevent mention of reference in a New York Times Magazine interview with residents of the Ghost Ship that claimed Almena spoke of Harris as \"his Jewish slave,\" which Harris claimed was a joke.\u003c/p>\n\u003cp>Judge Thompson said the statement was already out in the public and was \"quite inflammatory.\" She said she would look into the article and the motion will be taken up again next week.\u003c/p>\n\u003cp>Serra defended his client, saying Almena was not anti-Semitic. But Bates argued the statement showed relevant \"positions of power, dominance and control over Harris.\"\u003c/p>\n\u003cp>Briggs also argued Wednesday for a motion to have the jury visit the site of the Ghost Ship. He said it would be useful for jurors to see why 36 people didn't make it out alive.\u003c/p>\n\u003cp>Bates argued the visit would be more confusing than helpful because conditions at the warehouse have changed. He said a visit to the site would raise safety issues and argued the jury will have access to thousands of photos of the burned-out building.\u003c/p>\n\u003cp>Serra broke from Briggs and sided with the prosecution on this motion saying, \"from my perspective, this does nothing other than to add to speculation and confusion.\"\u003c/p>\n\u003cp>Thompson said the issue would be taken up again next week, but cautioned that any visit by the jury would have to be strictly controlled and would take several weeks to plan.\u003c/p>\n\u003cp>Serra also pushed to limit reference to Almena's alleged profits from managing the Ghost Ship, a request Thompson granted, but she plans to allow discussion of subleases at the warehouse.\u003c/p>\n\u003cp>Serra said Almena was not profiteering as master tenant of the warehouse and it was not relevant to the case. \"We're not here for accounting,\" Serra said.\u003c/p>\n\u003cp>Bates called profiteering \"absolutely relevant\" to the case. He said \"the procurement of the warehouse was to make money.\" He added that \"in the warehouse he [Almena] was top dog.\"\u003c/p>\n\u003cp>Brian Getz, another attorney for Almena, argued for limits on demonstrations, signs, buttons and T-shirts with images of victims in the court room that could influence jurors. Thompson granted the motion, saying the court could limit activities that are disruptive. She said such displays could be considered intimidating.\u003c/p>\n\u003cp>Thompson said Tuesday she anticipated opening statements in the trial would begin on April 30. Testimony is expected to begin May 6. The trial could last for months and involve more than 200 witnesses. Selecting a jury will likely take most of April.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A gag order went into effect on Jan. 18 that bans the attorneys and defendants from speaking to the public, and won’t be lifted until at least the last juror is sworn in.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Almena's attorney Tony Serra said the metaphors were argumentative and could unfairly sway a jury against his client.\u003c/p>\n\u003cp>Alameda County prosecutor Casey Bates said the words are important because they referred to the physical condition of the warehouse — jam-packed with RVs, other makeshift living spaces, art projects and wood — and shouldn’t be limited during trial.\u003c/p>\n\u003cp>Judge Trina Thompson placed limitations on the use of the metaphorical language during opening statements, which are expected at the end of April.\u003c/p>\n\u003cp>But Thompson said the terms would be allowed otherwise because the “phraseology is common among lay persons.\"\u003c/p>\n\u003cp>The ruling mirrors Thompson's decision Tuesday against the defense’s use of the words “cover-up” and “scapegoat\" to refer to Almena and Harris.\u003c/p>\n\u003cp>The defense argues other parties, such as the building's owner, should have faced charges instead of Almena and Harris. Defense attorneys also point to a series of apparent failures by Oakland fire, police and building inspectors, among other government officials, who could have intervened to shut the place down or bring it up to code.\u003c/p>\n\u003cp>Serra also argued in a motion to prevent mention of reference in a New York Times Magazine interview with residents of the Ghost Ship that claimed Almena spoke of Harris as \"his Jewish slave,\" which Harris claimed was a joke.\u003c/p>\n\u003cp>Judge Thompson said the statement was already out in the public and was \"quite inflammatory.\" She said she would look into the article and the motion will be taken up again next week.\u003c/p>\n\u003cp>Serra defended his client, saying Almena was not anti-Semitic. But Bates argued the statement showed relevant \"positions of power, dominance and control over Harris.\"\u003c/p>\n\u003cp>Briggs also argued Wednesday for a motion to have the jury visit the site of the Ghost Ship. He said it would be useful for jurors to see why 36 people didn't make it out alive.\u003c/p>\n\u003cp>Bates argued the visit would be more confusing than helpful because conditions at the warehouse have changed. He said a visit to the site would raise safety issues and argued the jury will have access to thousands of photos of the burned-out building.\u003c/p>\n\u003cp>Serra broke from Briggs and sided with the prosecution on this motion saying, \"from my perspective, this does nothing other than to add to speculation and confusion.\"\u003c/p>\n\u003cp>Thompson said the issue would be taken up again next week, but cautioned that any visit by the jury would have to be strictly controlled and would take several weeks to plan.\u003c/p>\n\u003cp>Serra also pushed to limit reference to Almena's alleged profits from managing the Ghost Ship, a request Thompson granted, but she plans to allow discussion of subleases at the warehouse.\u003c/p>\n\u003cp>Serra said Almena was not profiteering as master tenant of the warehouse and it was not relevant to the case. \"We're not here for accounting,\" Serra said.\u003c/p>\n\u003cp>Bates called profiteering \"absolutely relevant\" to the case. He said \"the procurement of the warehouse was to make money.\" He added that \"in the warehouse he [Almena] was top dog.\"\u003c/p>\n\u003cp>Brian Getz, another attorney for Almena, argued for limits on demonstrations, signs, buttons and T-shirts with images of victims in the court room that could influence jurors. Thompson granted the motion, saying the court could limit activities that are disruptive. She said such displays could be considered intimidating.\u003c/p>\n\u003cp>Thompson said Tuesday she anticipated opening statements in the trial would begin on April 30. Testimony is expected to begin May 6. The trial could last for months and involve more than 200 witnesses. Selecting a jury will likely take most of April.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A gag order went into effect on Jan. 18 that bans the attorneys and defendants from speaking to the public, and won’t be lifted until at least the last juror is sworn in.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Opening statements are now expected for late April in the trial of two men charged with 36 counts each of involuntary manslaughter after the deadly fire at an East Oakland warehouse two years ago.\u003c/p>\n\u003cp>A warehouse illegally converted into a living and event space caught fire on Dec. 2, 2016, during an electronic music party. The blaze killed 35 concert-goers and one resident of the building known as the \"Ghost Ship.\"\u003c/p>\n\u003cp>[aside postID='news_11686316,news_11687258' label='More Ghost Ship Coverage']\u003c/p>\n\u003cp>Defendants Derick Almena and Max Harris, both wearing suits and with hair tucked back in ponytails, sat next to their lawyers in an Oakland courtroom on Tuesday — the first day of the trial — while Judge Trina Thompson heard several motions from the prosecution.\u003c/p>\n\u003cp>Prosecutors in the case allege that master tenant Almena, 48, and 29-year-old Harris, who was considered second-in-command of the building, had created a fire trap in the building.\u003c/p>\n\u003cp>Defense attorneys have argued Almena and Harris are scapegoats and that the building’s owner, Chor Ng, should face criminal charges.\u003c/p>\n\u003cp>Alameda County Deputy District Attorney Autrey James argued that the defense should be barred from using the terms \"cover-up\" and \"scapegoat.\"\u003c/p>\n\u003cp>Thompson said she would not allow the defense to use the terms during opening arguments.\u003c/p>\n\u003cp>\"The sideshow might become the show,\" she said from the bench. \"My biggest fear is the parties get so distracted not looking at Dec. 2 and what led up to it.\"\u003c/p>\n\u003cp>But the judge ruled defense attorneys can otherwise use the words. The prosecution, Thompson said, could always object.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Almena's attorney Tony Serra said the defendants are taking the blame in a case that was handled poorly by Oakland officials as well as the city's fire and police departments.\u003c/p>\n\u003cp>\"It has been our position from the beginning,\" Serra said.\u003c/p>\n\u003cp>Another motion from the prosecution would exclude Oakland Mayor Libby Schaaf from testifying during the trial. Thompson will hear a motion to quash the defense's subpoena on April 11.\u003c/p>\n\u003cp>Thompson anticipated opening statements in the trial would begin on April 30 and May 1. Testimony is expected to begin May 6. The trial could last for months and involve more than 200 witnesses.\u003c/p>\n\u003cp>Selecting a jury will likely take most of April.\u003c/p>\n\u003cp>Judge Thompson is expected to hear motions from the defense on Wednesday.\u003c/p>\n\u003cp>A gag order went into effect on Jan. 18 that bans the attorneys and defendants from speaking to the public, and won’t be lifted until at least the last juror is sworn in.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Opening statements are now expected for late April in the trial of two men charged with 36 counts each of involuntary manslaughter after the deadly fire at an East Oakland warehouse two years ago.\u003c/p>\n\u003cp>A warehouse illegally converted into a living and event space caught fire on Dec. 2, 2016, during an electronic music party. The blaze killed 35 concert-goers and one resident of the building known as the \"Ghost Ship.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Defendants Derick Almena and Max Harris, both wearing suits and with hair tucked back in ponytails, sat next to their lawyers in an Oakland courtroom on Tuesday — the first day of the trial — while Judge Trina Thompson heard several motions from the prosecution.\u003c/p>\n\u003cp>Prosecutors in the case allege that master tenant Almena, 48, and 29-year-old Harris, who was considered second-in-command of the building, had created a fire trap in the building.\u003c/p>\n\u003cp>Defense attorneys have argued Almena and Harris are scapegoats and that the building’s owner, Chor Ng, should face criminal charges.\u003c/p>\n\u003cp>Alameda County Deputy District Attorney Autrey James argued that the defense should be barred from using the terms \"cover-up\" and \"scapegoat.\"\u003c/p>\n\u003cp>Thompson said she would not allow the defense to use the terms during opening arguments.\u003c/p>\n\u003cp>\"The sideshow might become the show,\" she said from the bench. \"My biggest fear is the parties get so distracted not looking at Dec. 2 and what led up to it.\"\u003c/p>\n\u003cp>But the judge ruled defense attorneys can otherwise use the words. The prosecution, Thompson said, could always object.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Almena's attorney Tony Serra said the defendants are taking the blame in a case that was handled poorly by Oakland officials as well as the city's fire and police departments.\u003c/p>\n\u003cp>\"It has been our position from the beginning,\" Serra said.\u003c/p>\n\u003cp>Another motion from the prosecution would exclude Oakland Mayor Libby Schaaf from testifying during the trial. Thompson will hear a motion to quash the defense's subpoena on April 11.\u003c/p>\n\u003cp>Thompson anticipated opening statements in the trial would begin on April 30 and May 1. Testimony is expected to begin May 6. The trial could last for months and involve more than 200 witnesses.\u003c/p>\n\u003cp>Selecting a jury will likely take most of April.\u003c/p>\n\u003cp>Judge Thompson is expected to hear motions from the defense on Wednesday.\u003c/p>\n\u003cp>A gag order went into effect on Jan. 18 that bans the attorneys and defendants from speaking to the public, and won’t be lifted until at least the last juror is sworn in.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"disqusTitle": "DA: No More Plea Deals in Ghost Ship Criminal Case",
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"content": "\u003cp>Alameda County's district attorney has told a judge she will no longer consider \u003ca href=\"https://www.kqed.org/news/11678617/tentative-plea-deal-reached-in-ghost-ship-warehouse-fire\" rel=\"noopener\" target=\"_blank\">plea deals\u003c/a> for two men charged in a \u003ca href=\"https://www.kqed.org/news/tag/ghost-ship-fire\" rel=\"noopener\" target=\"_blank\">2016 warehouse fire\u003c/a> that killed 36 people attending an unlicensed concert, according to a document obtained by The Associated Press on Thursday.\u003c/p>\n\u003cp>In a letter to the judge presiding over the case, District Attorney Nancy O'Malley also asked for a trial date to be set soon on the 36 counts of involuntary manslaughter each man faces.\u003c/p>\n\u003cp>The two are scheduled to appear in court on Friday for the first time since Judge James Cramer \u003ca href=\"https://www.kqed.org/news/11686316/judge-rejects-plea-deals-in-deadly-oakland-warehouse-fire\" rel=\"noopener\" target=\"_blank\">rejected a plea deal\u003c/a> negotiated by O'Malley's office and lawyers for Derick Almena and Max Harris.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/arts/program/oakland-warehouse-memorial\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Honoring Those Lost to the Oakland Warehouse Fire\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/arts/program/oakland-warehouse-memorial\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/2/2016/12/ARTS_OAKLANDFIRE_featured_image-nologo-1-1180x664.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>O'Malley told the judge she changed her position on plea negotiations after grieving families of the fire victims \u003ca href=\"https://www.kqed.org/news/11686120/loved-ones-of-the-ghost-ships-dead-decry-plea-deal-brokered-in-their-name\" rel=\"noopener\" target=\"_blank\">testified last week\u003c/a> that that they were unhappy with the proposed prison sentences, which they felt were too short.\u003c/p>\n\u003cp>Many of the relatives also demanded that the two men stand trial so they could learn more about how and why their loved ones died. Investigators have been \u003ca href=\"https://www.kqed.org/news/11522726/report-details-death-panic-in-oakland-ghost-ship-fire\" rel=\"noopener\" target=\"_blank\">unable to determine\u003c/a> the cause of the Dec. 2, 2016 fire.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>O'Malley said \"having heard the words and seen the pain of those profoundly impacted\" convinced her that the two should stand trial rather than resolving their cases with a plea deal.\u003c/p>\n\u003cp>\"The grief of the families, the pain and shock of the community by the senseless and tragic deaths of 36 individuals caused by a fire that roared through the warehouse is as strong and deep today as it was in December 2016,\" O'Malley wrote. \"These lives were lost at the hands of the two defendants.\"\u003c/p>\n\u003cp>Almena had agreed to a nine-year prison sentence and Harris agreed to a six-year term in exchange for both men pleading no contest to all charges. Almena rented the Oakland, California warehouse and illegally converted it into an underground live-work space for area artists and an entertainment venue called the Ghost Ship. Almena hired Harris to help manage the facility by collecting rent, booking concerts among other duties.\u003cbr>\nhttps://twitter.com/daviddebolt/status/1030202191674408960\u003c/p>\n\u003cp>They are the only people facing criminal charges for the deadliest structure fire since 100 people died in a Rhode Island nightclub fire.\u003c/p>\n\u003cp>The proposed deal had been brokered by another judge who accepted the men's no-contest pleas in July and was expected to uphold the agreement when the pair appeared in court last week for formal sentencing.\u003c/p>\n\u003cp>But that judge was unavailable and Cramer was assigned to preside over the two-day hearing.\u003c/p>\n\u003cp>As it ended, Cramer said Almena failed to adequately express remorse and that he would not uphold the plea deal. Cramer cited a letter Almena wrote probation officials where Almena said that he and his family are also victims of the fire.\u003c/p>\n\u003cp>Cramer said he believed Harris was truly remorseful and that the \"deal is fair.\" But since the plea bargain was a package deal, he had no choice but to reject Harris' proposed sentence as well.\u003c/p>\n\u003cp>Harris' attorney, Tyler Smith, said he is hopeful that Cramer will ultimately decide to sentence Harris to six years in prison despite the new objections raised by O'Malley, the district attorney, in her the letter to the judge.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>O'Malley told the judge she now opposes the six-year sentence because \"victims' families strongly disagree\" with it.\u003c/p>\n\n",
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"excerpt": "In a letter to the judge presiding over the case, District Attorney Nancy O'Malley also asked for a trial date to be set soon on the 36 counts of involuntary manslaughter each man faces.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alameda County's district attorney has told a judge she will no longer consider \u003ca href=\"https://www.kqed.org/news/11678617/tentative-plea-deal-reached-in-ghost-ship-warehouse-fire\" rel=\"noopener\" target=\"_blank\">plea deals\u003c/a> for two men charged in a \u003ca href=\"https://www.kqed.org/news/tag/ghost-ship-fire\" rel=\"noopener\" target=\"_blank\">2016 warehouse fire\u003c/a> that killed 36 people attending an unlicensed concert, according to a document obtained by The Associated Press on Thursday.\u003c/p>\n\u003cp>In a letter to the judge presiding over the case, District Attorney Nancy O'Malley also asked for a trial date to be set soon on the 36 counts of involuntary manslaughter each man faces.\u003c/p>\n\u003cp>The two are scheduled to appear in court on Friday for the first time since Judge James Cramer \u003ca href=\"https://www.kqed.org/news/11686316/judge-rejects-plea-deals-in-deadly-oakland-warehouse-fire\" rel=\"noopener\" target=\"_blank\">rejected a plea deal\u003c/a> negotiated by O'Malley's office and lawyers for Derick Almena and Max Harris.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/arts/program/oakland-warehouse-memorial\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Honoring Those Lost to the Oakland Warehouse Fire\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/arts/program/oakland-warehouse-memorial\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/2/2016/12/ARTS_OAKLANDFIRE_featured_image-nologo-1-1180x664.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>O'Malley told the judge she changed her position on plea negotiations after grieving families of the fire victims \u003ca href=\"https://www.kqed.org/news/11686120/loved-ones-of-the-ghost-ships-dead-decry-plea-deal-brokered-in-their-name\" rel=\"noopener\" target=\"_blank\">testified last week\u003c/a> that that they were unhappy with the proposed prison sentences, which they felt were too short.\u003c/p>\n\u003cp>Many of the relatives also demanded that the two men stand trial so they could learn more about how and why their loved ones died. Investigators have been \u003ca href=\"https://www.kqed.org/news/11522726/report-details-death-panic-in-oakland-ghost-ship-fire\" rel=\"noopener\" target=\"_blank\">unable to determine\u003c/a> the cause of the Dec. 2, 2016 fire.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>O'Malley said \"having heard the words and seen the pain of those profoundly impacted\" convinced her that the two should stand trial rather than resolving their cases with a plea deal.\u003c/p>\n\u003cp>\"The grief of the families, the pain and shock of the community by the senseless and tragic deaths of 36 individuals caused by a fire that roared through the warehouse is as strong and deep today as it was in December 2016,\" O'Malley wrote. \"These lives were lost at the hands of the two defendants.\"\u003c/p>\n\u003cp>Almena had agreed to a nine-year prison sentence and Harris agreed to a six-year term in exchange for both men pleading no contest to all charges. Almena rented the Oakland, California warehouse and illegally converted it into an underground live-work space for area artists and an entertainment venue called the Ghost Ship. Almena hired Harris to help manage the facility by collecting rent, booking concerts among other duties.\u003cbr>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>They are the only people facing criminal charges for the deadliest structure fire since 100 people died in a Rhode Island nightclub fire.\u003c/p>\n\u003cp>The proposed deal had been brokered by another judge who accepted the men's no-contest pleas in July and was expected to uphold the agreement when the pair appeared in court last week for formal sentencing.\u003c/p>\n\u003cp>But that judge was unavailable and Cramer was assigned to preside over the two-day hearing.\u003c/p>\n\u003cp>As it ended, Cramer said Almena failed to adequately express remorse and that he would not uphold the plea deal. Cramer cited a letter Almena wrote probation officials where Almena said that he and his family are also victims of the fire.\u003c/p>\n\u003cp>Cramer said he believed Harris was truly remorseful and that the \"deal is fair.\" But since the plea bargain was a package deal, he had no choice but to reject Harris' proposed sentence as well.\u003c/p>\n\u003cp>Harris' attorney, Tyler Smith, said he is hopeful that Cramer will ultimately decide to sentence Harris to six years in prison despite the new objections raised by O'Malley, the district attorney, in her the letter to the judge.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>O'Malley told the judge she now opposes the six-year sentence because \"victims' families strongly disagree\" with it.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>An Oakland judge on Friday rejected the plea deals for two men charged with 36 counts of involuntary manslaughter in the 2016 Ghost Ship fire, a decision that could mean the pair will go to trial. \u003c/p>\n\u003cp>Alameda County Superior Court Judge James Cramer said in court that 48-year-old Derick Almena didn't acknowledge responsibility or show remorse for the fatal blaze, which occurred during an unlicensed concert at a Fruitvale district warehouse that had been illegally converted to a living and event space.\u003c/p>\n\u003cp>The judge pointed to a 30-page letter Almena had submitted to probation officers prior to sentencing in which Cramer said Almena cast himself as a \"victim and a witness.\"\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/arts/program/oakland-warehouse-memorial\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Honoring Those Lost to the Oakland Warehouse Fire\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/arts/program/oakland-warehouse-memorial\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/2/2016/12/ARTS_OAKLANDFIRE_featured_image-nologo-1-1180x664.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The plea agreement had called for Almena to be sentenced to nine years in prison and 28-year-old Max Harris to six years. Harris helped plan the event that drew a crowd to the warehouse the night of the fire, Dec. 2, 2016.\u003c/p>\n\u003cp>In a day of wrenching victim impact statements Thursday, relatives of people who died in the blaze \u003ca href=\"https://www.kqed.org/news/11686120/loved-ones-of-the-ghost-ships-dead-decry-plea-deal-brokered-in-their-name\" rel=\"noopener\" target=\"_blank\">slammed\u003c/a> the proposed sentences as too lenient.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Prosecutors said the two men had turned the warehouse into a \"death trap\" by cluttering it with highly flammable knick-knacks, blocking the building's few exits and failing to take adequate safety precautions before inviting the public inside.\u003c/p>\n\u003cp>Alberto Vega, whose brother Alex Vega died at the Ghost Ship, spoke to the court Friday morning, with a somewhat different message.\u003c/p>\n\u003cp>He said he understood Harris had lost friends in the fire and also pulled people out of the warehouse while it burned. He said Almena's negligence \"caused all this.\"\u003c/p>\n\u003cp>\"I don't want to hate you guys, and I don't,\" Vega said. \"I don't want to see anybody go to jail.\"\u003c/p>\n\u003cp>Cramer said the plea deal would have been fair for Harris, but in rejecting it for one defendant, he was bound by the law to reject it for both.\u003c/p>\n\u003cp>\"I am so deeply sorry and regret all of my actions, my inactions, my lack of foresight, my lack of awareness that led to this tragedy,\" Harris told victims' families during a statement he made in court Friday. \"I don't even know what words to offer because words feel hollow. ... I don't expect forgiveness. I wouldn't ask for that. I'm sorry.\"\u003c/p>\n\u003cp>Several of Harris' friends and family also wrote letters or spoke in court on his behalf.\u003c/p>\n\u003cp>Almena's wife and 14-year-old daughter spoke on his behalf.\u003c/p>\n\u003cp>\"I want to defend my father, of course. I want to say he tried very, very hard to make that warehouse a safe place, but that is not my place,\" Almena's daughter said. \"We are not the victims here. I never, ever want to make it about us.\"\u003c/p>\n\u003cp>When he spoke, Almena began to sob.\u003c/p>\n\u003cp>\"The only truth is how beautiful your children were,\" he said to the victims' families. \"They were magnificent and the best our society has to offer.\"\u003c/p>\n\u003cp>Almena, who was staying with his family at a hotel the night of the blaze, said he should have died in the fire.\u003c/p>\n\u003cp>\"If I could give each one of you my life, if I could give you my children's lives, I would,\" he said. His wife, Micah Allison, said \"uh-uh\" from the audience.\u003c/p>\n\u003cp>He also said he planned to have the names of the 36 people killed in the fire tattooed on his chest.\u003c/p>\n\u003cp>Prosecutor Autrey James told the judge after Almena's statement that the victims' families were offended by many of the things he said.\u003c/p>\n\u003cp>\"They question whether or not Mr. Almena even remembers the names of all 36 victims,\" James said. He said Almena's statement about giving the lives of his children was \"absolutely the most offensive thing that they heard, to a person.\"\u003c/p>\n\u003cp>Almena's attorney, Tony Serra, said that his client has a mental illness.\u003c/p>\n\u003cp>\"He's been on suicide watch,\" Serra said. \"He's been diagnosed with deep depression.\"\u003c/p>\n\u003cp>He also said he's prepared to take the case to trial and has a strong defense.\u003c/p>\n\u003cp>That includes the fact that investigators from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives were unable to determine what caused the blaze.\u003c/p>\n\u003cp>Victims' families have alleged in lawsuits that several Oakland city agencies failed in their duty to inspect the warehouse building or follow up on complaints about the premises. The lawsuits also claim PG&E failed to properly monitor, inspect and repair electrical equipment that provided power to the building. Warehouse owner Chor Ng, who has not been criminally charged, is also a defendant in the civil cases.\u003c/p>\n\u003cp>In rejecting the deal sending the case toward trial next year, Cramer cautioned victims' families that they may not get what they're seeking in a criminal trial for Harris and Almena.\u003c/p>\n\u003cp>\"Each of you is suffering immeasurably. A trial won't solve that,\" he said. \"Those of you who want a trial to prove that the city or the Fire Department or the landlord is just as guilty as these two men are, you're not going to get that trial.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Alex Emslie of KQED News contributed to this post, which also contains reporting from The Associated Press.\u003c/em>\u003c/p>\n\n",
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"excerpt": "Judge James Cramer said Derick Almena didn't acknowledge responsibility or show remorse for the fatal blaze that occurred during an unlicensed concert at the warehouse converted to an illegal living and event space.\r\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>An Oakland judge on Friday rejected the plea deals for two men charged with 36 counts of involuntary manslaughter in the 2016 Ghost Ship fire, a decision that could mean the pair will go to trial. \u003c/p>\n\u003cp>Alameda County Superior Court Judge James Cramer said in court that 48-year-old Derick Almena didn't acknowledge responsibility or show remorse for the fatal blaze, which occurred during an unlicensed concert at a Fruitvale district warehouse that had been illegally converted to a living and event space.\u003c/p>\n\u003cp>The judge pointed to a 30-page letter Almena had submitted to probation officers prior to sentencing in which Cramer said Almena cast himself as a \"victim and a witness.\"\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/arts/program/oakland-warehouse-memorial\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Honoring Those Lost to the Oakland Warehouse Fire\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/arts/program/oakland-warehouse-memorial\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/2/2016/12/ARTS_OAKLANDFIRE_featured_image-nologo-1-1180x664.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The plea agreement had called for Almena to be sentenced to nine years in prison and 28-year-old Max Harris to six years. Harris helped plan the event that drew a crowd to the warehouse the night of the fire, Dec. 2, 2016.\u003c/p>\n\u003cp>In a day of wrenching victim impact statements Thursday, relatives of people who died in the blaze \u003ca href=\"https://www.kqed.org/news/11686120/loved-ones-of-the-ghost-ships-dead-decry-plea-deal-brokered-in-their-name\" rel=\"noopener\" target=\"_blank\">slammed\u003c/a> the proposed sentences as too lenient.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Prosecutors said the two men had turned the warehouse into a \"death trap\" by cluttering it with highly flammable knick-knacks, blocking the building's few exits and failing to take adequate safety precautions before inviting the public inside.\u003c/p>\n\u003cp>Alberto Vega, whose brother Alex Vega died at the Ghost Ship, spoke to the court Friday morning, with a somewhat different message.\u003c/p>\n\u003cp>He said he understood Harris had lost friends in the fire and also pulled people out of the warehouse while it burned. He said Almena's negligence \"caused all this.\"\u003c/p>\n\u003cp>\"I don't want to hate you guys, and I don't,\" Vega said. \"I don't want to see anybody go to jail.\"\u003c/p>\n\u003cp>Cramer said the plea deal would have been fair for Harris, but in rejecting it for one defendant, he was bound by the law to reject it for both.\u003c/p>\n\u003cp>\"I am so deeply sorry and regret all of my actions, my inactions, my lack of foresight, my lack of awareness that led to this tragedy,\" Harris told victims' families during a statement he made in court Friday. \"I don't even know what words to offer because words feel hollow. ... I don't expect forgiveness. I wouldn't ask for that. I'm sorry.\"\u003c/p>\n\u003cp>Several of Harris' friends and family also wrote letters or spoke in court on his behalf.\u003c/p>\n\u003cp>Almena's wife and 14-year-old daughter spoke on his behalf.\u003c/p>\n\u003cp>\"I want to defend my father, of course. I want to say he tried very, very hard to make that warehouse a safe place, but that is not my place,\" Almena's daughter said. \"We are not the victims here. I never, ever want to make it about us.\"\u003c/p>\n\u003cp>When he spoke, Almena began to sob.\u003c/p>\n\u003cp>\"The only truth is how beautiful your children were,\" he said to the victims' families. \"They were magnificent and the best our society has to offer.\"\u003c/p>\n\u003cp>Almena, who was staying with his family at a hotel the night of the blaze, said he should have died in the fire.\u003c/p>\n\u003cp>\"If I could give each one of you my life, if I could give you my children's lives, I would,\" he said. His wife, Micah Allison, said \"uh-uh\" from the audience.\u003c/p>\n\u003cp>He also said he planned to have the names of the 36 people killed in the fire tattooed on his chest.\u003c/p>\n\u003cp>Prosecutor Autrey James told the judge after Almena's statement that the victims' families were offended by many of the things he said.\u003c/p>\n\u003cp>\"They question whether or not Mr. Almena even remembers the names of all 36 victims,\" James said. He said Almena's statement about giving the lives of his children was \"absolutely the most offensive thing that they heard, to a person.\"\u003c/p>\n\u003cp>Almena's attorney, Tony Serra, said that his client has a mental illness.\u003c/p>\n\u003cp>\"He's been on suicide watch,\" Serra said. \"He's been diagnosed with deep depression.\"\u003c/p>\n\u003cp>He also said he's prepared to take the case to trial and has a strong defense.\u003c/p>\n\u003cp>That includes the fact that investigators from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives were unable to determine what caused the blaze.\u003c/p>\n\u003cp>Victims' families have alleged in lawsuits that several Oakland city agencies failed in their duty to inspect the warehouse building or follow up on complaints about the premises. The lawsuits also claim PG&E failed to properly monitor, inspect and repair electrical equipment that provided power to the building. Warehouse owner Chor Ng, who has not been criminally charged, is also a defendant in the civil cases.\u003c/p>\n\u003cp>In rejecting the deal sending the case toward trial next year, Cramer cautioned victims' families that they may not get what they're seeking in a criminal trial for Harris and Almena.\u003c/p>\n\u003cp>\"Each of you is suffering immeasurably. A trial won't solve that,\" he said. \"Those of you who want a trial to prove that the city or the Fire Department or the landlord is just as guilty as these two men are, you're not going to get that trial.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Alex Emslie of KQED News contributed to this post, which also contains reporting from The Associated Press.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Loved Ones of the Ghost Ship's Dead Decry Plea Deal Brokered in Their Name",
"title": "Loved Ones of the Ghost Ship's Dead Decry Plea Deal Brokered in Their Name",
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"content": "\u003cp>One after another, over two dozen mothers, brothers, friends and other family members of the 36 people who died in the 2016 Oakland \u003ca href=\"https://www.kqed.org/news/tag/ghost-ship-fire\" target=\"_blank\" rel=\"noopener\">Ghost Ship\u003c/a> fire told stories Thursday of their dead loved ones and criticized a plea deal reportedly struck to spare them the pain of a graphic criminal trial.\u003c/p>\n\u003cp>\"I expect this to be a heart-wrenching hearing reflecting the enormous loss in this case,\" Judge James Cramer said at the beginning of the sentencing hearing for Derick Almena and Max Harris, who each \u003ca href=\"https://www.kqed.org/news/11678966/men-plead-no-contest-in-deadly-ghost-ship-fire\" rel=\"noopener\" target=\"_blank\">pleaded no contest\u003c/a> to 36 counts of involuntary manslaughter last month. They were found guilty and are expected to be sentenced Friday to nine and six years in jail, respectively.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/arts/program/oakland-warehouse-memorial\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Honoring Those Lost to the Oakland Warehouse Fire\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/arts/program/oakland-warehouse-memorial\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/2/2016/12/ARTS_OAKLANDFIRE_featured_image-nologo-1-1180x664.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>They each faced a maximum 39-year sentence, according to the Alameda County District Attorney's Office.\u003c/p>\n\u003cp>Susan Slocum, whose daughter \u003ca href=\"https://www.kqed.org/arts/12447104/donna-kellogg\" rel=\"noopener\" target=\"_blank\">Donna Kellogg\u003c/a> died at the Ghost Ship, said Kellogg was a \"little bohemian redhead\" who always called her \"mama mia.\"\u003c/p>\n\u003cp>\"Mr. Almena and Mr. Harris got off easy in their plea,\" she said, imploring Cramer to reconsider the sentence. \"Please do not allow this to be precedent.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Several family members of the dead said they would rather not share happy memories of their loved ones, wanting instead to preserve those stories for themselves.\u003c/p>\n\u003cp>\"I want to keep all of those memories intact and crystalized for us, her family,\" said Sunny Haire, \u003ca href=\"https://www.kqed.org/arts/12456879/cash-askew\" rel=\"noopener\" target=\"_blank\">Cash Askew\u003c/a>'s stepfather.\u003c/p>\n\u003cp>Instead, he recounted how he rushed to the warehouse the night of the fire only to stand helpless outside and watch it burn. He said he found someone who had made it out and grabbed him by the shoulders, asking if he'd seen Askew get out of the building.\u003c/p>\n\u003cp>\"I still don't believe any of this is real, even as I stand here today,\" Haire said. \"She wanted to get home to the girl she'd recently fallen deeply in love with. She wanted to get home to call her family. All of that potential, all of that shimmering potential was snuffed out in that warehouse.\"\u003c/p>\n\u003cp>Linda Regan, \u003ca href=\"https://www.kqed.org/arts/12493422/amanda-allen-kershaw-promoter-and-photographer-with-infectious-smile\" rel=\"noopener\" target=\"_blank\">Amanda Kershaw\u003c/a>'s mother, said she misses her daughter's phone calls — sometimes long conversations or just quick check-ins, but always with an uplifting voice on the other line.\u003c/p>\n\u003cp>\"I loathe the day I will no longer remember that voice,\" she said, \"which I know will come, thanks to you, Mr. Almena.\"\u003c/p>\n\u003cp>Other family members described recurring nightmares and crushing depression since the fire.\u003c/p>\n\u003cp>\"Oftentimes, I start my mornings with a flashback to that day,\" Kershaw's brother Chris Allen said. \"On the sentences and the plea deals, we feel betrayed.\"\u003c/p>\n\u003cp>Both prosecutors and defense attorneys in the case said they brokered the deal, with the help of Judge Morris Jacobson, to avoid putting family members through the trauma of a trial. But nearly every family member who spoke Thursday criticized the deal, and many expected the case to go to trial.\u003c/p>\n\u003cp>\"I personally was looking forward to the trial,\" \u003ca href=\"https://www.kqed.org/arts/12467049/michela-angelina-gregory\" rel=\"noopener\" target=\"_blank\">Michela Gregory\u003c/a>'s father David Gregory said. \"This settlement is a slap on the wrist, a time out.\"\u003c/p>\n\u003cp>Gregory and others said they're still desperately seeking answers about the fire, answers they'd hope would come through a criminal trial. Many, including Gregory, said the building's owners, the city of Oakland, and Pacific Gas & Electric were \"more culpable\" than Almena and Harris.\u003c/p>\n\u003cp>Colleen Dolan, mother of \u003ca href=\"https://www.kqed.org/arts/12452396/chelsea-faith-dolan-peerless-electronic-musician-full-of-exuberant-joy\" rel=\"noopener\" target=\"_blank\">Chelsea Dolan\u003c/a>, called the plea deal a \"convenient cover-up.\" To the thought that the families were spared a difficult trial, she said, \"What bullshit.\"\u003c/p>\n\u003cp>\"I used to be a nice person,\" Dolan began her statement. She showed a photo of her daughter taken before her death. She started to show another photo, and Cramer interrupted, asking if that was the photo taken of her daughter after the fire. Dolan said it was, and Cramer asked her not to show it.\u003c/p>\n\u003cp>\"I've seen it,\" he said. \"It does visually express the loss and terror your daughter suffered.\"\u003c/p>\n\u003cp>\"I had to kiss that burned body goodbye,\" Dolan said, adding that she and her younger daughter stood outside the burning warehouse for hours, breathing \"the same toxic smoke\" that killed Chelsea.\u003c/p>\n\u003cp>\"I am bereft and I am angry,\" she said.\u003c/p>\n\u003cp>Such a long series of victim statements is rare in a criminal case, and as people testified to their lasting loss and pain throughout the day, their grief began to visibly impact attorneys, reporters and anyone else in the courtroom.\u003c/p>\n\u003cp>Prosecutors read some statements from victims who didn't attend the hearing, including ones critical of the way they'd litigated the case.\u003c/p>\n\u003cp>\"Oh how I wish I could plea bargain my grief to just a few years, rather than the rest of my life,\" Deputy District Attorney Autrey James said, reading a statement from \u003ca href=\"https://www.kqed.org/arts/12452006/em-bohlka\" rel=\"noopener\" target=\"_blank\">Em Bohlka\u003c/a>'s mother Margaret Bohlka. His voice started to shake toward the end of the statement, when Bohlka wrote about her child's \"dreams consumed by smoke and a bright future incinerated.\"\u003c/p>\n\u003cp>Almena and Harris are expected to give their own statements on Friday, and the court will also hear statements from their loved ones. If they are sentenced under the terms of the plea deal, Harris could be out of jail in fewer than two years. Almena could be free in under four years.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"I truly hope that when you do get out that the ghosts of the ship will haunt you until the last breath you take,\" David Gregory said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>One after another, over two dozen mothers, brothers, friends and other family members of the 36 people who died in the 2016 Oakland \u003ca href=\"https://www.kqed.org/news/tag/ghost-ship-fire\" target=\"_blank\" rel=\"noopener\">Ghost Ship\u003c/a> fire told stories Thursday of their dead loved ones and criticized a plea deal reportedly struck to spare them the pain of a graphic criminal trial.\u003c/p>\n\u003cp>\"I expect this to be a heart-wrenching hearing reflecting the enormous loss in this case,\" Judge James Cramer said at the beginning of the sentencing hearing for Derick Almena and Max Harris, who each \u003ca href=\"https://www.kqed.org/news/11678966/men-plead-no-contest-in-deadly-ghost-ship-fire\" rel=\"noopener\" target=\"_blank\">pleaded no contest\u003c/a> to 36 counts of involuntary manslaughter last month. They were found guilty and are expected to be sentenced Friday to nine and six years in jail, respectively.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/arts/program/oakland-warehouse-memorial\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Honoring Those Lost to the Oakland Warehouse Fire\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/arts/program/oakland-warehouse-memorial\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/2/2016/12/ARTS_OAKLANDFIRE_featured_image-nologo-1-1180x664.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>They each faced a maximum 39-year sentence, according to the Alameda County District Attorney's Office.\u003c/p>\n\u003cp>Susan Slocum, whose daughter \u003ca href=\"https://www.kqed.org/arts/12447104/donna-kellogg\" rel=\"noopener\" target=\"_blank\">Donna Kellogg\u003c/a> died at the Ghost Ship, said Kellogg was a \"little bohemian redhead\" who always called her \"mama mia.\"\u003c/p>\n\u003cp>\"Mr. Almena and Mr. Harris got off easy in their plea,\" she said, imploring Cramer to reconsider the sentence. \"Please do not allow this to be precedent.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Several family members of the dead said they would rather not share happy memories of their loved ones, wanting instead to preserve those stories for themselves.\u003c/p>\n\u003cp>\"I want to keep all of those memories intact and crystalized for us, her family,\" said Sunny Haire, \u003ca href=\"https://www.kqed.org/arts/12456879/cash-askew\" rel=\"noopener\" target=\"_blank\">Cash Askew\u003c/a>'s stepfather.\u003c/p>\n\u003cp>Instead, he recounted how he rushed to the warehouse the night of the fire only to stand helpless outside and watch it burn. He said he found someone who had made it out and grabbed him by the shoulders, asking if he'd seen Askew get out of the building.\u003c/p>\n\u003cp>\"I still don't believe any of this is real, even as I stand here today,\" Haire said. \"She wanted to get home to the girl she'd recently fallen deeply in love with. She wanted to get home to call her family. All of that potential, all of that shimmering potential was snuffed out in that warehouse.\"\u003c/p>\n\u003cp>Linda Regan, \u003ca href=\"https://www.kqed.org/arts/12493422/amanda-allen-kershaw-promoter-and-photographer-with-infectious-smile\" rel=\"noopener\" target=\"_blank\">Amanda Kershaw\u003c/a>'s mother, said she misses her daughter's phone calls — sometimes long conversations or just quick check-ins, but always with an uplifting voice on the other line.\u003c/p>\n\u003cp>\"I loathe the day I will no longer remember that voice,\" she said, \"which I know will come, thanks to you, Mr. Almena.\"\u003c/p>\n\u003cp>Other family members described recurring nightmares and crushing depression since the fire.\u003c/p>\n\u003cp>\"Oftentimes, I start my mornings with a flashback to that day,\" Kershaw's brother Chris Allen said. \"On the sentences and the plea deals, we feel betrayed.\"\u003c/p>\n\u003cp>Both prosecutors and defense attorneys in the case said they brokered the deal, with the help of Judge Morris Jacobson, to avoid putting family members through the trauma of a trial. But nearly every family member who spoke Thursday criticized the deal, and many expected the case to go to trial.\u003c/p>\n\u003cp>\"I personally was looking forward to the trial,\" \u003ca href=\"https://www.kqed.org/arts/12467049/michela-angelina-gregory\" rel=\"noopener\" target=\"_blank\">Michela Gregory\u003c/a>'s father David Gregory said. \"This settlement is a slap on the wrist, a time out.\"\u003c/p>\n\u003cp>Gregory and others said they're still desperately seeking answers about the fire, answers they'd hope would come through a criminal trial. Many, including Gregory, said the building's owners, the city of Oakland, and Pacific Gas & Electric were \"more culpable\" than Almena and Harris.\u003c/p>\n\u003cp>Colleen Dolan, mother of \u003ca href=\"https://www.kqed.org/arts/12452396/chelsea-faith-dolan-peerless-electronic-musician-full-of-exuberant-joy\" rel=\"noopener\" target=\"_blank\">Chelsea Dolan\u003c/a>, called the plea deal a \"convenient cover-up.\" To the thought that the families were spared a difficult trial, she said, \"What bullshit.\"\u003c/p>\n\u003cp>\"I used to be a nice person,\" Dolan began her statement. She showed a photo of her daughter taken before her death. She started to show another photo, and Cramer interrupted, asking if that was the photo taken of her daughter after the fire. Dolan said it was, and Cramer asked her not to show it.\u003c/p>\n\u003cp>\"I've seen it,\" he said. \"It does visually express the loss and terror your daughter suffered.\"\u003c/p>\n\u003cp>\"I had to kiss that burned body goodbye,\" Dolan said, adding that she and her younger daughter stood outside the burning warehouse for hours, breathing \"the same toxic smoke\" that killed Chelsea.\u003c/p>\n\u003cp>\"I am bereft and I am angry,\" she said.\u003c/p>\n\u003cp>Such a long series of victim statements is rare in a criminal case, and as people testified to their lasting loss and pain throughout the day, their grief began to visibly impact attorneys, reporters and anyone else in the courtroom.\u003c/p>\n\u003cp>Prosecutors read some statements from victims who didn't attend the hearing, including ones critical of the way they'd litigated the case.\u003c/p>\n\u003cp>\"Oh how I wish I could plea bargain my grief to just a few years, rather than the rest of my life,\" Deputy District Attorney Autrey James said, reading a statement from \u003ca href=\"https://www.kqed.org/arts/12452006/em-bohlka\" rel=\"noopener\" target=\"_blank\">Em Bohlka\u003c/a>'s mother Margaret Bohlka. His voice started to shake toward the end of the statement, when Bohlka wrote about her child's \"dreams consumed by smoke and a bright future incinerated.\"\u003c/p>\n\u003cp>Almena and Harris are expected to give their own statements on Friday, and the court will also hear statements from their loved ones. If they are sentenced under the terms of the plea deal, Harris could be out of jail in fewer than two years. Almena could be free in under four years.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"I truly hope that when you do get out that the ghosts of the ship will haunt you until the last breath you take,\" David Gregory said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"marketplace": {
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"order": 12
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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"planet-money": {
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"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
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"politicalbreakdown": {
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"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
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"pri-the-world": {
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"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
"airtime": "MON-FRI 2pm-3pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
"radiolab": {
"id": "radiolab",
"title": "Radiolab",
"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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},
"reveal": {
"id": "reveal",
"title": "Reveal",
"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
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"officialWebsiteLink": "https://www.revealnews.org/episodes/",
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},
"rightnowish": {
"id": "rightnowish",
"title": "Rightnowish",
"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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"source": "kqed",
"order": 16
},
"link": "/podcasts/rightnowish",
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},
"science-friday": {
"id": "science-friday",
"title": "Science Friday",
"info": "Science Friday is a weekly science talk show, broadcast live over public radio stations nationwide. Each week, the show focuses on science topics that are in the news and tries to bring an educated, balanced discussion to bear on the scientific issues at hand. Panels of expert guests join host Ira Flatow, a veteran science journalist, to discuss science and to take questions from listeners during the call-in portion of the program.",
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},
"snap-judgment": {
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