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"content": "\u003cp>\u003cem>Updated 7:10 p.m.\u003c/em>\u003c/p>\n\u003cp>Ghost Ship trial defendant Max Harris, during emotional testimony on Wednesday, said he regrets he didn’t go upstairs to help people leave the building on the night of the Dec. 2, 2016 Oakland warehouse fire that killed 36, because he thought everyone was escaping.\u003c/p>\n\u003cp>Alameda County Deputy District Attorney Autrey James asked Harris eight times, one for each person that died in the blaze that Harris said he knew, if he had gone upstairs to make sure they had escaped. To each question, Harris responded no.\u003c/p>\n\u003cp>“I wish I went upstairs,” Harris said. “I don’t know if I’d be here right now.”\u003c/p>\n\u003cp>James asked, “You didn’t go back in to make sure everyone got out?”\u003c/p>\n\u003cp>“I didn’t go back in. I wish I did. 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He said he did that for at least several minutes and then left the building to stand near a doorway and shine a light through it as a signal to people who still might be inside.\u003c/p>\n\u003cp>In his testimony Wednesday, Harris also reversed earlier statements he had made to investigators about whether the rear stairs of the warehouse were blocked on the night it burned down.\u003c/p>\n\u003cp>Harris told the court that the rear stairs were, in fact, not blocked, and that previous information he had given to investigators was based on incorrect information at the time.\u003c/p>\n\u003cp>James played video for the jury of Harris telling investigators six months after the fire — and after his arrest — that the rear stairs to the second floor were blocked near the bottom.\u003c/p>\n\u003cp>But in court, Harris responded to James’ questioning by saying that his understanding of the situation was not correct in the aftermath of the fire.\u003c/p>\n\u003cp>“I relayed my understanding at the time, which I now know is not accurate,” Harris said in court. “I heard a lot of misinformation after this first happened.”\u003c/p>\n\u003cp>Harris said he was also trying to be helpful to investigators at the time and that much of his misunderstanding had been corrected after hearing testimony and information about people using the stairs on the night of the blaze.\u003c/p>\n\u003cp>Harris and master tenant Derick Almena face 36 involuntary manslaughter charges stemming from the blaze in the unpermitted Oakland residence and performance venue on the night of an electronic music party.\u003c/p>\n\u003cp>Prosecutors argue that Harris and Almena illegally converted the warehouse into an unsafe living space stuffed with flammable materials and lacking proper safety measures like fire alarms, well-lit exits and sprinkler systems. Defense attorneys argue the blaze was started by an act of arson.\u003c/p>\n\u003cp>Harris answered a line of questioning from James about whether he had shown guests where exits were located in the warehouse.\u003c/p>\n\u003cp>Harris responded that he didn’t feel compelled to point out exits or the location of the rear or front sets of stairs. He said his understanding was that everyone knew where the stairs were.\u003c/p>\n\u003cp>“I wouldn’t be expecting something to happen,” Harris said. The exits were clear, he said, and one of them had an exit sign, but it was not lit.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Harris also testified that he was a point-of-contact person for the Dec. 2 electronic music party, but said a lot of people “were working together on this.” He said people who didn’t live at the warehouse had promoted the event.\u003c/p>\n\u003cp>Harris said he believed he had shown Jon Hrabko, who was promoting the event, around the lower level of the warehouse, but wasn’t sure if he had shown him the back set of stairs.\u003c/p>\n\u003cp>James asked Harris about a list of duties that could be considered managerial roles at the warehouse. 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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Harris also said he didn’t want to block the people who were coming down a set of stairs during the fire.\u003c/p>\n\u003cp>Harris said in testimony Wednesday that he had grabbed a fire extinguisher from his living space after he noticed the fire in the back of the warehouse, but said the extinguisher spray couldn’t reach the fire. \u003c/p>\n\u003cp>After dropping the extinguisher, Harris said he grabbed his cellphone and laptop and began running back and forth in a hallway, yelling to warn people of the fire. He said he did that for at least several minutes and then left the building to stand near a doorway and shine a light through it as a signal to people who still might be inside.\u003c/p>\n\u003cp>In his testimony Wednesday, Harris also reversed earlier statements he had made to investigators about whether the rear stairs of the warehouse were blocked on the night it burned down.\u003c/p>\n\u003cp>Harris told the court that the rear stairs were, in fact, not blocked, and that previous information he had given to investigators was based on incorrect information at the time.\u003c/p>\n\u003cp>James played video for the jury of Harris telling investigators six months after the fire — and after his arrest — that the rear stairs to the second floor were blocked near the bottom.\u003c/p>\n\u003cp>But in court, Harris responded to James’ questioning by saying that his understanding of the situation was not correct in the aftermath of the fire.\u003c/p>\n\u003cp>“I relayed my understanding at the time, which I now know is not accurate,” Harris said in court. “I heard a lot of misinformation after this first happened.”\u003c/p>\n\u003cp>Harris said he was also trying to be helpful to investigators at the time and that much of his misunderstanding had been corrected after hearing testimony and information about people using the stairs on the night of the blaze.\u003c/p>\n\u003cp>Harris and master tenant Derick Almena face 36 involuntary manslaughter charges stemming from the blaze in the unpermitted Oakland residence and performance venue on the night of an electronic music party.\u003c/p>\n\u003cp>Prosecutors argue that Harris and Almena illegally converted the warehouse into an unsafe living space stuffed with flammable materials and lacking proper safety measures like fire alarms, well-lit exits and sprinkler systems. Defense attorneys argue the blaze was started by an act of arson.\u003c/p>\n\u003cp>Harris answered a line of questioning from James about whether he had shown guests where exits were located in the warehouse.\u003c/p>\n\u003cp>Harris responded that he didn’t feel compelled to point out exits or the location of the rear or front sets of stairs. He said his understanding was that everyone knew where the stairs were.\u003c/p>\n\u003cp>“I wouldn’t be expecting something to happen,” Harris said. The exits were clear, he said, and one of them had an exit sign, but it was not lit.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Harris also testified that he was a point-of-contact person for the Dec. 2 electronic music party, but said a lot of people “were working together on this.” He said people who didn’t live at the warehouse had promoted the event.\u003c/p>\n\u003cp>Harris said he believed he had shown Jon Hrabko, who was promoting the event, around the lower level of the warehouse, but wasn’t sure if he had shown him the back set of stairs.\u003c/p>\n\u003cp>James asked Harris about a list of duties that could be considered managerial roles at the warehouse. Regarding rent, Harris said he collected it from other tenantsand deposited it in the landlords’ bank account.\u003c/p>\n\u003cp>James also asked if Harris served as the \"point person\" at the Ghost Ship, citing an October 2016 email to the landlords about an attempt to lease an adjacent auto body shop, to which Harris answered, “In that instance, yes.”\u003c/p>\n\u003cp>Harris also said that he had served an eviction notice to one tenant.\u003c/p>\n\u003cp>Curtis Briggs, who represents Harris, said outside of court that Harris’ testimony will exonerate him.\u003c/p>\n\u003cp>“We’re really proud of Max. We’re excited that he finally got to testify and speak his truth after two years in custody in Santa Rita jail. He finally got to speak,” Briggs said. “They have no evidence against him. We’re very optimistic at this point.” \u003c/p>\n\u003cp>Harris’ defense is expected to call two more witnesses on Thursday. Tony Serra, who represents Almena, is expected to call his first three witnesses on Thursday as well.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>Updated 6:45 p.m.\u003c/em>\u003c/p>\n\u003cp>Under cross-examination in the Ghost Ship trial Tuesday, defendant Max Harris admitted that he had lied to an Oakland police officer in June 2015 about whether people lived in the warehouse known as the Ghost Ship, which burned down in 2016, killing 36.\u003c/p>\n\u003cp>Alameda County Deputy District Attorney Autrey James played footage from a police body camera, showing Harris speaking to Officer Brian Kline, who asked him if anyone lived in the warehouse.\u003c/p>\n\u003cp>In the video Harris can be heard responding that no one lived in the warehouse, which he called a 24-hour artwork space.\u003c/p>\n\u003cp>[aside tag='ghost-ship-trial' label='More Ghost Ship Trial Coverage']\u003c/p>\n\u003cp>On the stand, James asked Harris if he had felt the need to lie to the officer because he might be evicted, to which Harris answered yes. Harris said he feared becoming homeless because he lived in an \"alternative space\" and didn't have the protections of people living in apartments.\u003c/p>\n\u003cp>Harris and master tenant Derick Almena each face 36 counts of involuntary manslaughter stemming from the Dec. 2, 2016 blaze in the unpermitted Oakland residence and performance venue the night of an electronic music party.\u003c/p>\n\u003cp>Prosecutors argue that Harris and Almena illegally converted the warehouse into an unsafe living space stuffed with flammable materials and lacking proper safety measures like fire alarms, well-lit exits and sprinkler systems. Defense attorneys argue the blaze was started by an act of arson.\u003c/p>\n\u003cp>The defense has tried to play down any managerial role Harris may have had at the Ghost Ship warehouse. He has been referred to as a creative director and second-in-command to Almena.\u003c/p>\n\u003cp>Harris' defense attorney, Tyler Smith, asked Harris about a thread of messages he wrote on the dating app Tinder, in which he said that he \"managed\" a live/work space in the Fruitvale district. Harris said he didn't consider his involvement at the warehouse to be a job, but rather saw it as an \"exchange situation.\" He added that he didn't pay rent, but instead worked there for a place to live. When asked by James about the title in the Tinder messages, Harris said he was trying to get a date.\u003c/p>\n\u003cp>During cross-examination, James displayed a number of emails for the jury, some directed to warehouse landlords Kai or Eva Ng, in which Harris signed off with the title executive director. Harris responded that titles like executive director, creative director and manager did not exist at the warehouse, and that he had used them to “seem official” and so that he would be “taken seriously.”\u003c/p>\n\u003cp>When James asked if the titles in the emails were untrue, Harris replied, “Yes, a misrepresentation.”\u003c/p>\n\u003cp>“Everyone was a leader who took initiative,” Harris said. But when James asked if there was any authority, Harris answered “none at all.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Smith asked Harris at the end of his questioning if, in the wake of the fire, there was anything he would have done differently.\u003c/p>\n\u003cp>\"I think of that a lot,\" Harris answered. \"I knew a lot of the people. I wish I had done more. There are an infinite number of things I wish I did that night and before.\"\u003c/p>\n\u003cp>Cross-examination of Harris is expected to continue Wednesday.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On the stand, James asked Harris if he had felt the need to lie to the officer because he might be evicted, to which Harris answered yes. Harris said he feared becoming homeless because he lived in an \"alternative space\" and didn't have the protections of people living in apartments.\u003c/p>\n\u003cp>Harris and master tenant Derick Almena each face 36 counts of involuntary manslaughter stemming from the Dec. 2, 2016 blaze in the unpermitted Oakland residence and performance venue the night of an electronic music party.\u003c/p>\n\u003cp>Prosecutors argue that Harris and Almena illegally converted the warehouse into an unsafe living space stuffed with flammable materials and lacking proper safety measures like fire alarms, well-lit exits and sprinkler systems. Defense attorneys argue the blaze was started by an act of arson.\u003c/p>\n\u003cp>The defense has tried to play down any managerial role Harris may have had at the Ghost Ship warehouse. He has been referred to as a creative director and second-in-command to Almena.\u003c/p>\n\u003cp>Harris' defense attorney, Tyler Smith, asked Harris about a thread of messages he wrote on the dating app Tinder, in which he said that he \"managed\" a live/work space in the Fruitvale district. Harris said he didn't consider his involvement at the warehouse to be a job, but rather saw it as an \"exchange situation.\" He added that he didn't pay rent, but instead worked there for a place to live. When asked by James about the title in the Tinder messages, Harris said he was trying to get a date.\u003c/p>\n\u003cp>During cross-examination, James displayed a number of emails for the jury, some directed to warehouse landlords Kai or Eva Ng, in which Harris signed off with the title executive director. Harris responded that titles like executive director, creative director and manager did not exist at the warehouse, and that he had used them to “seem official” and so that he would be “taken seriously.”\u003c/p>\n\u003cp>When James asked if the titles in the emails were untrue, Harris replied, “Yes, a misrepresentation.”\u003c/p>\n\u003cp>“Everyone was a leader who took initiative,” Harris said. But when James asked if there was any authority, Harris answered “none at all.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Smith asked Harris at the end of his questioning if, in the wake of the fire, there was anything he would have done differently.\u003c/p>\n\u003cp>\"I think of that a lot,\" Harris answered. \"I knew a lot of the people. I wish I had done more. There are an infinite number of things I wish I did that night and before.\"\u003c/p>\n\u003cp>Cross-examination of Harris is expected to continue Wednesday.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>One of two men facing 36 counts of involuntary manslaughter stemming from the Dec. 2, 2016, Ghost Ship warehouse fire took the stand Monday and testified for more than three hours about his role at the unpermitted residence and venue.\u003c/p>\n\u003cp>Max Harris, wearing an orange shirt and a checkered pocket square, described himself as a powerless, janitor-like figure at the Oakland warehouse who only referred to himself as creative or executive director ironically, to make light of the fact that Ghost Ship was run as a freewheeling, nonhierarchical collective.\u003c/p>\n\u003cp>[aside label=\"More on the Ghost Ship Trial\" tag=\"ghost-ship-trial\"]\u003c/p>\n\u003cp>“There was no sort of authority figure,” he said. “It was a co-dreaming situation.”\u003c/p>\n\u003cp>Prosecutors allege Harris and codefendant Derick Almena, the warehouse’s lease-holder, built and operated Ghost Ship with a willful disregard for safety, making them criminally responsible for the deaths the night of an electronic music event. But the defense says Harris and Almena are scapegoats for the landlord and police and fire officials who visited the warehouse without flagging unsafe conditions.\u003c/p>\n\u003cp>Harris’ testimony showed “the way it really functioned at the warehouse,” defense attorney Curtis Briggs told reporters outside the courthouse.\u003c/p>\n\u003cp>“It was organic, he wasn’t somebody who was actually in charge,” Briggs said.\u003c/p>\n\u003cp>Harris acknowledged that he collected other tenants’ rent, and once served a resident with a three-day eviction notice that he sourced from the internet. But he said he only received free rent in exchange for cleaning and lending his skills as an artist, not for performing the duties of a property manager.\u003c/p>\n\u003cp>Harris said other tenants similarly received free or discounted rent for what he called a “work trade” arrangement.\u003c/p>\n\u003cp>He said Oakland fire officials and police officers entering the warehouse “dozens of times” before the fire, including an Oct. 30, 2016, incident in which officials went upstairs to access the roof. At no point, Harris said, did anyone tell him they considered the warehouse a “firetrap.”\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘It was organic, he wasn’t somebody who was actually in charge’\u003ccite>Curtis Briggs, defense attorney\u003c/cite>\u003c/aside>\n\u003cp>He also sought to clarify recorded statements to fire investigators, which jurors heard earlier in the trial, regarding his role in tending to the improvised electrical system. The warehouse’s electricity was routed in through automobile repair shop next door, and it went out approximately once a month.\u003c/p>\n\u003cp>In the recording played for jurors, Harris described fuses “literally” exploding, resulting in the power outages. But on Monday, he said it was the responsibility of the neighboring business to replace them. Harris also said he complained about the power to the landlord, who then hired an unlicensed electrician. Harris said the electrician, Ben Cannon, worked on outlet boxes in the adjoining buildings.\u003c/p>\n\u003cp>Briggs, outside the courthouse, said that since the prosecution has suggested the fire resulted from the electrical setup, the unlicensed contractor and the landlord should be the ones on trial.\u003c/p>\n\u003cp>Investigators previously testified they could only determine where and not how the fire started.\u003c/p>\n\u003cp>Harris called the workers at the neighboring automobile repair shop “intimidating,” saying he would wave, but didn’t feel comfortable talking to them and that he suspected that it was “like a chop-shop or something.”\u003c/p>\n\u003cfigure id=\"attachment_11755323\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11755323\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/06/IMG_7236-e1560820517826.jpg\" alt=\"\" width=\"1920\" height=\"1080\">\u003cfigcaption class=\"wp-caption-text\">Max Harris, one of the two men facing 36 counts of involuntary manslaughter stemming from the Dec. 2, 2016, Ghost Ship warehouse fire, downplayed his role at the unpermitted residence and venue during his testimony on Monday, June 17, 2019. Codefendant Derick Almena sits at the defense table. \u003ccite>(Vicki Behringer/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Harris also described his role in arranging the ill-fated electronic music event. He said any tenant could authorize an event at the warehouse, and that he connected with Ryan O’Keefe and Jon Hrabko, whom he called the gig’s “organizers,” through a mutual friend, Micah Danemayer, who ultimately died in the fire.\u003c/p>\n\u003cp>That night, Harris said, he agreed to stamp hands at the door, but he wasn’t the one who collected money. He said the event was “NOTAFLOF,” an acronym standing for “no one turned away for lack of funds.” After greeting some 80 to 90 people, Harris said he went to the bathroom, when he saw a faint glow in the warehouse.\u003c/p>\n\u003cp>“It didn’t look right,” he said. As he walked towards the glow, he heard someone shout, “Fire!” At that point, Harris said he recovered a fire extinguisher from his studio and then aimed it at the flames crawling across the ceiling, but that he realized the stream of retardant was completely ineffectual on the blaze.\u003c/p>\n\u003cp>“I was in panic mode,” he said. “A voice in my head or my chest said, ‘Get out.'”\u003c/p>\n\u003caside class=\"pullquote alignright\">‘I was in panic mode. A voice in my head or my chest said, ‘Get out”\u003ccite>Max Harris, codefendant in Ghost Ship fire trial\u003c/cite>\u003c/aside>\n\u003cp>Harris opened his testimony by describing his multidisciplinary practice as an artist. He called himself a student of the “common thread” between the world’s religions and said he is a practicing Buddhist.\u003c/p>\n\u003cp>“I’m a child of God,” he said, noting that his many tattoos reference “nature and spiritual or religious traditions.”\u003c/p>\n\u003cp>He said he moved in to Ghost Ship in 2014.\u003c/p>\n\u003cp>“My options were very limited,” he said.\u003c/p>\n\u003cp>Prosecutors are expected to cross-examine Harris on Tuesday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“There was no sort of authority figure,” he said. “It was a co-dreaming situation.”\u003c/p>\n\u003cp>Prosecutors allege Harris and codefendant Derick Almena, the warehouse’s lease-holder, built and operated Ghost Ship with a willful disregard for safety, making them criminally responsible for the deaths the night of an electronic music event. But the defense says Harris and Almena are scapegoats for the landlord and police and fire officials who visited the warehouse without flagging unsafe conditions.\u003c/p>\n\u003cp>Harris’ testimony showed “the way it really functioned at the warehouse,” defense attorney Curtis Briggs told reporters outside the courthouse.\u003c/p>\n\u003cp>“It was organic, he wasn’t somebody who was actually in charge,” Briggs said.\u003c/p>\n\u003cp>Harris acknowledged that he collected other tenants’ rent, and once served a resident with a three-day eviction notice that he sourced from the internet. But he said he only received free rent in exchange for cleaning and lending his skills as an artist, not for performing the duties of a property manager.\u003c/p>\n\u003cp>Harris said other tenants similarly received free or discounted rent for what he called a “work trade” arrangement.\u003c/p>\n\u003cp>He said Oakland fire officials and police officers entering the warehouse “dozens of times” before the fire, including an Oct. 30, 2016, incident in which officials went upstairs to access the roof. At no point, Harris said, did anyone tell him they considered the warehouse a “firetrap.”\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘It was organic, he wasn’t somebody who was actually in charge’\u003ccite>Curtis Briggs, defense attorney\u003c/cite>\u003c/aside>\n\u003cp>He also sought to clarify recorded statements to fire investigators, which jurors heard earlier in the trial, regarding his role in tending to the improvised electrical system. The warehouse’s electricity was routed in through automobile repair shop next door, and it went out approximately once a month.\u003c/p>\n\u003cp>In the recording played for jurors, Harris described fuses “literally” exploding, resulting in the power outages. But on Monday, he said it was the responsibility of the neighboring business to replace them. Harris also said he complained about the power to the landlord, who then hired an unlicensed electrician. Harris said the electrician, Ben Cannon, worked on outlet boxes in the adjoining buildings.\u003c/p>\n\u003cp>Briggs, outside the courthouse, said that since the prosecution has suggested the fire resulted from the electrical setup, the unlicensed contractor and the landlord should be the ones on trial.\u003c/p>\n\u003cp>Investigators previously testified they could only determine where and not how the fire started.\u003c/p>\n\u003cp>Harris called the workers at the neighboring automobile repair shop “intimidating,” saying he would wave, but didn’t feel comfortable talking to them and that he suspected that it was “like a chop-shop or something.”\u003c/p>\n\u003cfigure id=\"attachment_11755323\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11755323\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/06/IMG_7236-e1560820517826.jpg\" alt=\"\" width=\"1920\" height=\"1080\">\u003cfigcaption class=\"wp-caption-text\">Max Harris, one of the two men facing 36 counts of involuntary manslaughter stemming from the Dec. 2, 2016, Ghost Ship warehouse fire, downplayed his role at the unpermitted residence and venue during his testimony on Monday, June 17, 2019. Codefendant Derick Almena sits at the defense table. \u003ccite>(Vicki Behringer/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Harris also described his role in arranging the ill-fated electronic music event. He said any tenant could authorize an event at the warehouse, and that he connected with Ryan O’Keefe and Jon Hrabko, whom he called the gig’s “organizers,” through a mutual friend, Micah Danemayer, who ultimately died in the fire.\u003c/p>\n\u003cp>That night, Harris said, he agreed to stamp hands at the door, but he wasn’t the one who collected money. He said the event was “NOTAFLOF,” an acronym standing for “no one turned away for lack of funds.” After greeting some 80 to 90 people, Harris said he went to the bathroom, when he saw a faint glow in the warehouse.\u003c/p>\n\u003cp>“It didn’t look right,” he said. As he walked towards the glow, he heard someone shout, “Fire!” At that point, Harris said he recovered a fire extinguisher from his studio and then aimed it at the flames crawling across the ceiling, but that he realized the stream of retardant was completely ineffectual on the blaze.\u003c/p>\n\u003cp>“I was in panic mode,” he said. “A voice in my head or my chest said, ‘Get out.'”\u003c/p>\n\u003caside class=\"pullquote alignright\">‘I was in panic mode. A voice in my head or my chest said, ‘Get out”\u003ccite>Max Harris, codefendant in Ghost Ship fire trial\u003c/cite>\u003c/aside>\n\u003cp>Harris opened his testimony by describing his multidisciplinary practice as an artist. He called himself a student of the “common thread” between the world’s religions and said he is a practicing Buddhist.\u003c/p>\n\u003cp>“I’m a child of God,” he said, noting that his many tattoos reference “nature and spiritual or religious traditions.”\u003c/p>\n\u003cp>He said he moved in to Ghost Ship in 2014.\u003c/p>\n\u003cp>“My options were very limited,” he said.\u003c/p>\n\u003cp>Prosecutors are expected to cross-examine Harris on Tuesday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>A character witness for the defense in the Ghost Ship trial testified Thursday that Max Harris, who has been described as creative director of the Oakland warehouse that caught fire in 2016 and killed 36 people, was honest and dependable.\u003c/p>\n\u003cp>[aside tag='ghost-ship-trial' label='More Ghost Ship Trial Coverage']\u003c/p>\n\u003cp>\"Max was always one you could count on to tell the truth, even if it was self-inflicting,\" said artist Mike Funkhouser, who lived at the Ghost Ship for about one year in 2015 and 2016. \"In a constantly changing community, Max was a pillar. You could depend on him.\"\u003c/p>\n\u003cp>He called Harris an active working artist like the rest of the people living there and described him as a \"helpful resource in the warehouse,\" bringing tools and other equipment to other artists when they needed them.\u003c/p>\n\u003cp>Harris' defense attorneys had called three other character witnesses to testify on Monday and Wednesday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Alameda County Deputy District Attorney Autrey James asked Funkhouser during cross-examination if he would change his opinion about Harris if he saw video of Harris telling law enforcement that no one lived in the Ghost Ship. Funkhouser responded, \"For me personally, I don't think he would go around spouting lies about one event, stretching the truth.\"\u003c/p>\n\u003cp>Harris and master tenant Derick Almena both face 36 counts of involuntary manslaughter for the Dec. 2, 2016, blaze on the night of an electronic music party. Prosecutors argue the defendants converted the warehouse into an illegal, unsafe living space stuffed from floor to ceiling with flammable materials. They argue that proper safety measures weren't installed, like well-lit exits, signs and sprinklers.\u003c/p>\n\u003cp>The defense has argued that the blaze was caused by an act of arson.\u003c/p>\n\u003cp>Funkhouser, who said he paid $500 a month in rent, said he \"loved\" the warehouse and described it as being \"full of beautiful art\" and \"an amazing, creative environment.\"\u003c/p>\n\u003cp>Funkhouser also described those living in the Ghost Ship as trying to \"be proactive about the elements of danger\" and that \"it was something on our minds at all time[s],\" in response to questions about safety from Tyler Smith, who represents Harris. Funkhouser said there was an \"ongoing project\" to bring back fire extinguishers to the warehouse, but said it was a communal effort.\u003c/p>\n\u003cp>Prosecutor James asked Funkhouser if he saw fire sprinklers in the warehouse. Funkhouser responded that he saw pipes but didn't know if they were sprinklers. Funkhouser also said that at least three of the five to seven people who lived there while he was there had smoke alarms in their living areas.\u003c/p>\n\u003cp>Russell Butler, a musician and visual artist, also testified Thursday that he was going to perform the night of the blaze. He described arriving at the warehouse at approximately 9 p.m. and then setting up his equipment. He said he then stepped out in front of the warehouse to get some fresh air before the show. He said he then saw thick smoke billowing, and for about four to five minutes people ran out of the building. He said that after about five minutes, no one else came out.\u003c/p>\n\u003cp>Butler testified he lost 17 friends the night of the fire.\u003c/p>\n\u003cp>Butler said he also previously hosted an electronic music event at Ghost Ship on Jan. 30, 2016, paying $1,000 to rent space for the 200 to 300 people he said attended. He said he had coordinated with Harris for the Jan. 30 occasion, but said Harris had no role in coordinating the Dec. 2, 2016, music event.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Harris is expected to take the stand Monday. Alameda County Judge Trina Thompson said an overflow room will be set up to accommodate victims' families and others interested in the trial.\u003c/p>\n\n",
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"excerpt": "'In a constantly changing community, Max was a pillar. You could depend on him,' artist Mike Funkhouser said of defendant Max Harris on Thursday.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Max was always one you could count on to tell the truth, even if it was self-inflicting,\" said artist Mike Funkhouser, who lived at the Ghost Ship for about one year in 2015 and 2016. \"In a constantly changing community, Max was a pillar. You could depend on him.\"\u003c/p>\n\u003cp>He called Harris an active working artist like the rest of the people living there and described him as a \"helpful resource in the warehouse,\" bringing tools and other equipment to other artists when they needed them.\u003c/p>\n\u003cp>Harris' defense attorneys had called three other character witnesses to testify on Monday and Wednesday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Alameda County Deputy District Attorney Autrey James asked Funkhouser during cross-examination if he would change his opinion about Harris if he saw video of Harris telling law enforcement that no one lived in the Ghost Ship. Funkhouser responded, \"For me personally, I don't think he would go around spouting lies about one event, stretching the truth.\"\u003c/p>\n\u003cp>Harris and master tenant Derick Almena both face 36 counts of involuntary manslaughter for the Dec. 2, 2016, blaze on the night of an electronic music party. Prosecutors argue the defendants converted the warehouse into an illegal, unsafe living space stuffed from floor to ceiling with flammable materials. They argue that proper safety measures weren't installed, like well-lit exits, signs and sprinklers.\u003c/p>\n\u003cp>The defense has argued that the blaze was caused by an act of arson.\u003c/p>\n\u003cp>Funkhouser, who said he paid $500 a month in rent, said he \"loved\" the warehouse and described it as being \"full of beautiful art\" and \"an amazing, creative environment.\"\u003c/p>\n\u003cp>Funkhouser also described those living in the Ghost Ship as trying to \"be proactive about the elements of danger\" and that \"it was something on our minds at all time[s],\" in response to questions about safety from Tyler Smith, who represents Harris. Funkhouser said there was an \"ongoing project\" to bring back fire extinguishers to the warehouse, but said it was a communal effort.\u003c/p>\n\u003cp>Prosecutor James asked Funkhouser if he saw fire sprinklers in the warehouse. Funkhouser responded that he saw pipes but didn't know if they were sprinklers. Funkhouser also said that at least three of the five to seven people who lived there while he was there had smoke alarms in their living areas.\u003c/p>\n\u003cp>Russell Butler, a musician and visual artist, also testified Thursday that he was going to perform the night of the blaze. He described arriving at the warehouse at approximately 9 p.m. and then setting up his equipment. He said he then stepped out in front of the warehouse to get some fresh air before the show. He said he then saw thick smoke billowing, and for about four to five minutes people ran out of the building. He said that after about five minutes, no one else came out.\u003c/p>\n\u003cp>Butler testified he lost 17 friends the night of the fire.\u003c/p>\n\u003cp>Butler said he also previously hosted an electronic music event at Ghost Ship on Jan. 30, 2016, paying $1,000 to rent space for the 200 to 300 people he said attended. He said he had coordinated with Harris for the Jan. 30 occasion, but said Harris had no role in coordinating the Dec. 2, 2016, music event.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Harris is expected to take the stand Monday. Alameda County Judge Trina Thompson said an overflow room will be set up to accommodate victims' families and others interested in the trial.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>During testimony Monday in the Ghost Ship trial, defense witness Sharon Evans recounted that on the night of the Dec. 2, 2016 warehouse fire that killed 36, she was waiting in line at a taco truck when she overheard a group of men reveling in their role in the nearby blaze.\u003c/p>\n\u003cp>“I heard them repeat that no one was gonna make it out of the building alive,” she said, describing the men as “ecstatic” and “happy about the way it was burning.”\u003c/p>\n\u003cp>The witness, key to the defense’s claim that the fire resulted from arson, said she and a friend had left church in East Oakland and were driving on International Boulevard when they saw the warehouse billowing smoke, and then circled the block at least 20 times before stopping for tacos in the parking lot of Goodwill.\u003c/p>\n\u003cp>While she was waiting in line, Evans said, a group of 14 to 19 men approached from the direction of the warehouse. She called the men “Spaniards,” later clarifying she meant Mexican-American, and said she thought they were “possibly some type of gang.” Evans said she waited weeks before approaching authorities because she feared for her life.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"ghost-ship\"]\u003c/p>\n\u003cp>It was a tetchy day in court as prosecutors strenuously objected to Evans’ testimony on the grounds of hearsay, and for most of the morning successfully prevented her from telling jurors what she overheard. But when Alameda County prosecutor Casey Bates played a recording of Evans giving investigators an earlier statement (in an effort to highlight inconsistencies in her accounts), it opened the door for defense attorney Tony Serra to ask about what else she said in the interview.\u003c/p>\n\u003cp>During cross-examination, prosecutors drew attention to Evans' differing explanations of why she was in the area that night and questioned why she didn’t go to one of several taco trucks closer to her church. The prosecution also asked what time she noticed smoke, and Evans said 9:30 p.m. or 9:45 p.m., well before the fire is known to have started.\u003c/p>\n\u003cp>In comments to reporters outside the courthouse, Serra said Evans \"embodies our defense.\"\u003c/p>\n\u003cp>Evans was one of the first witnesses called by counsel for Max Harris, who along with Derick Almena faces 36 counts of involuntary manslaughter. Prosecutors say Almena and Harris built and operated the unpermitted Fruitvale district residence and event venue with willful disregard for safety, making them criminally responsible for the fire.\u003c/p>\n\u003cp>The defense argues the fire resulted not from their clients' actions or negligence, but from an act of arson, and have attempted to shift blame to the government officials who visited the warehouse without flagging unsafe conditions.\u003c/p>\n\u003cp>The defense also called Michael Russell, who paid $400 a month to live in an Airstream trailer inside the warehouse. Russell said the trailer did not contain gasoline or propane. The night of the fire he said was in the trailer when he overheard a \"scuffle\" downstairs and saw two to three men fleeing the building as it filled with smoke.\u003c/p>\n\u003cp>\"At first I thought it was a standard fight,\" he recalled. \"Then I heard someone yell, 'Fire!'\"\u003c/p>\n\u003cp>As Russell rushed towards the front door, he said, he passed a woman in a red beanie and green dress at the foot of the staircase shouting, \"Don't come down the stairs, there's a fire, this is the will of the spirit of the forest.\"\u003c/p>\n\u003cp>Russell also testified that he felt safe in the warehouse, calling descriptions of the shoddily constructed staircase overstated, but said that the rear staircase would be difficult to find for people who didn't already know it was there.\u003c/p>\n\u003cp>Asked if the tenants made decisions collectively, Russell said Almena was \"definitely in charge in many ways,\" describing him as being at the top of the warehouse hierarchy, with Harris acting as second-in-command.\u003c/p>\n\u003cp>Russell said he is a plaintiff in a civil lawsuit against Pacific Gas & Electric and the City of Oakland, among other entities, but that it does not name Almena or Harris as defendants.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The defense also recalled witness James Bowron, the Oakland Fire Department battalion chief who previously testified about his command the night of the fire and challenged his claim that he wouldn't have done anything differently.\u003c/p>\n\u003cp>Bowron stood by his decision not to tell his subordinates that he'd learned people were still in the warehouse, saying that by the time he arrived, there was \"extremely low survivability\" due to the fuel load and smoke inside.\u003c/p>\n\u003cp>Serra, in an aggressive line of questioning that elicited rapid objections, called Bowron's decision a \"disgrace\" and again claimed that the firefighter's testimony is designed to shield the City of Oakland from civil liability.\u003c/p>\n\u003cp>Brian Hough, whose son Travis died in the fire, told reporters outside the courthouse that, in his view, the arson defense didn't matter. \"My son and 35 other people died because of the negligence of having a firetrap,\" he said.\u003c/p>\n\u003cp>The defense will continue calling witnesses on Wednesday.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>During testimony Monday in the Ghost Ship trial, defense witness Sharon Evans recounted that on the night of the Dec. 2, 2016 warehouse fire that killed 36, she was waiting in line at a taco truck when she overheard a group of men reveling in their role in the nearby blaze.\u003c/p>\n\u003cp>“I heard them repeat that no one was gonna make it out of the building alive,” she said, describing the men as “ecstatic” and “happy about the way it was burning.”\u003c/p>\n\u003cp>The witness, key to the defense’s claim that the fire resulted from arson, said she and a friend had left church in East Oakland and were driving on International Boulevard when they saw the warehouse billowing smoke, and then circled the block at least 20 times before stopping for tacos in the parking lot of Goodwill.\u003c/p>\n\u003cp>While she was waiting in line, Evans said, a group of 14 to 19 men approached from the direction of the warehouse. She called the men “Spaniards,” later clarifying she meant Mexican-American, and said she thought they were “possibly some type of gang.” Evans said she waited weeks before approaching authorities because she feared for her life.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It was a tetchy day in court as prosecutors strenuously objected to Evans’ testimony on the grounds of hearsay, and for most of the morning successfully prevented her from telling jurors what she overheard. But when Alameda County prosecutor Casey Bates played a recording of Evans giving investigators an earlier statement (in an effort to highlight inconsistencies in her accounts), it opened the door for defense attorney Tony Serra to ask about what else she said in the interview.\u003c/p>\n\u003cp>During cross-examination, prosecutors drew attention to Evans' differing explanations of why she was in the area that night and questioned why she didn’t go to one of several taco trucks closer to her church. The prosecution also asked what time she noticed smoke, and Evans said 9:30 p.m. or 9:45 p.m., well before the fire is known to have started.\u003c/p>\n\u003cp>In comments to reporters outside the courthouse, Serra said Evans \"embodies our defense.\"\u003c/p>\n\u003cp>Evans was one of the first witnesses called by counsel for Max Harris, who along with Derick Almena faces 36 counts of involuntary manslaughter. Prosecutors say Almena and Harris built and operated the unpermitted Fruitvale district residence and event venue with willful disregard for safety, making them criminally responsible for the fire.\u003c/p>\n\u003cp>The defense argues the fire resulted not from their clients' actions or negligence, but from an act of arson, and have attempted to shift blame to the government officials who visited the warehouse without flagging unsafe conditions.\u003c/p>\n\u003cp>The defense also called Michael Russell, who paid $400 a month to live in an Airstream trailer inside the warehouse. Russell said the trailer did not contain gasoline or propane. The night of the fire he said was in the trailer when he overheard a \"scuffle\" downstairs and saw two to three men fleeing the building as it filled with smoke.\u003c/p>\n\u003cp>\"At first I thought it was a standard fight,\" he recalled. \"Then I heard someone yell, 'Fire!'\"\u003c/p>\n\u003cp>As Russell rushed towards the front door, he said, he passed a woman in a red beanie and green dress at the foot of the staircase shouting, \"Don't come down the stairs, there's a fire, this is the will of the spirit of the forest.\"\u003c/p>\n\u003cp>Russell also testified that he felt safe in the warehouse, calling descriptions of the shoddily constructed staircase overstated, but said that the rear staircase would be difficult to find for people who didn't already know it was there.\u003c/p>\n\u003cp>Asked if the tenants made decisions collectively, Russell said Almena was \"definitely in charge in many ways,\" describing him as being at the top of the warehouse hierarchy, with Harris acting as second-in-command.\u003c/p>\n\u003cp>Russell said he is a plaintiff in a civil lawsuit against Pacific Gas & Electric and the City of Oakland, among other entities, but that it does not name Almena or Harris as defendants.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The defense also recalled witness James Bowron, the Oakland Fire Department battalion chief who previously testified about his command the night of the fire and challenged his claim that he wouldn't have done anything differently.\u003c/p>\n\u003cp>Bowron stood by his decision not to tell his subordinates that he'd learned people were still in the warehouse, saying that by the time he arrived, there was \"extremely low survivability\" due to the fuel load and smoke inside.\u003c/p>\n\u003cp>Serra, in an aggressive line of questioning that elicited rapid objections, called Bowron's decision a \"disgrace\" and again claimed that the firefighter's testimony is designed to shield the City of Oakland from civil liability.\u003c/p>\n\u003cp>Brian Hough, whose son Travis died in the fire, told reporters outside the courthouse that, in his view, the arson defense didn't matter. \"My son and 35 other people died because of the negligence of having a firetrap,\" he said.\u003c/p>\n\u003cp>The defense will continue calling witnesses on Wednesday.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Before 36 people died in the Dec. 2, 2016 Ghost Ship warehouse fire, Max Harris often replaced the “charred shell” of exploded fuses and reset circuit-breakers as part of his managerial duties.\u003c/p>\n\u003cp>He also mediated disputes between tenants, collected and deposited rent, and created documents indicating he’d collected security deposits. He signed emails to the landlord and others as “Executive Director.”\u003c/p>\n\u003cp>All of this he did in exchange for free rent at the unpermitted Oakland residence and event venue.\u003c/p>\n\u003cp>[aside label=\"Related Coverage\" tag=\"ghost-ship\"]\u003c/p>\n\u003cp>Harris, one of two defendants each charged with 36 counts of involuntary manslaughter, described his role at the Fruitvale district warehouse to Bureau of Alcohol, Tobacco, Firearms and Explosives investigators on Dec. 7, just days after the fire. Jurors in the trial heard a recording of the interview Tuesday in court.\u003c/p>\n\u003cp>Prosecutors called to the stand one of the ATF agents, Whitney Hameth, as well as Alameda County District Attorney’s Office investigator Cinda Stoddard, who described the contents of Harris’ cellphone, in an effort to show the defendant’s outsized role in managing the warehouse that’s been called a “death trap.”\u003c/p>\n\u003cp>The evidence and testimony, delivered on what was expected to be prosecutors’ second to last day of calling witnesses, seemed to counter the defense’s depiction of Harris as a benignly helpful figure at an artist collective run without hierarchy or bosses.\u003c/p>\n\u003cp>The defense has also said the fire resulted not from the actions or neglect of Harris and codefendant Derick Almena, who held the lease, but from arson.\u003c/p>\n\u003cp>Prosecutors allege Harris and Almena built and operated the warehouse with a willful disregard for safety, making them criminally responsible for the deaths, while the defense has attempted to shift blame to the property owner and government officials who visited Ghost Ship without flagging unsafe conditions.\u003c/p>\n\u003cp>“I helped facilitate the vision of the space,” Harris told the ATF agent. “If there was interpersonal conflict, sometimes I’d have to be the mediator.” Laughing, Harris was forthcoming and self-deprecating about his duties. “I’m like the executive director, but I have my hand this far down the toilet.”\u003c/p>\n\u003cp>Asked if his responsibilities included maintenance, Harris responded, “Yes.” The power, delivered from an adjacent unit via extension cords, was a persistent problem. He said fuses would “literally explode.”\u003c/p>\n\u003cp>At another point in the recording, Harris said that although he sometimes communicated with the property owner, “I never thought to reach out to the landlord to insist they install [fire sprinklers].”\u003c/p>\n\u003cp>Also in the ATF interview, Harris described blocking off certain areas of the warehouse in anticipation of the electronic music event on the night of the fire, and generally fielding requests to book the space.\u003c/p>\n\u003cp>Under cross-examination, Harris’ attorney Curtis Briggs asked Hameth if the defendant voluntarily agreed to the interview and provided useful information. Hameth responded that Harris was cooperative.\u003c/p>\n\u003cp>Stoddard, the District Attorney’s Office investigator, whose testimony will continue Wednesday, described writing search warrants for the contents of Harris’ cellphone and email account. Almena’s phone wasn’t recovered, she said.\u003c/p>\n\u003cp>Prosecutors projected photographs extracted from the phone, including one of what appeared to be a handwritten rental agreement between Harris and a tenant indicating the collection of a “$500 security deposit for studio space at Satya Yuga,” another name for the Ghost Ship warehouse.\u003c/p>\n\u003cp>Harris also described himself as the space’s manager, and referred to Ghost Ship as “my warehouse,” in direct messages to other users of the dating app Tinder, which prosecutors also projected for jurors.\u003c/p>\n\u003cp>“I’m just getting ready for an event I’m about to host,” he wrote in a Tinder direct-message the day before the fire. In a different exchange on Tinder, he wrote, “I manage a hidden gem here in Oakland[.]”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Also on Tuesday, Jonathan Axtell recounted his narrow escape from Ghost Ship the night of the fire. Upon arriving, Axtell testified that he found the bottom floor beautifully decorated, and ascended a staircase he described as “handmade” and with unevenly spaced steps to find several friends upstairs.\u003c/p>\n\u003cp>After taking a few pictures of the scene, Axtell said he noticed a “small strand” of smoke seeping up through the floorboard. He recounted locking eyes with his friends Alex Ghassan and Hanna Ruax before a “pounding, black cloud of smoke” rushed up from the stairwell and hit him in the face. Axtell then recalled holding his breath while he rushed through the smoke down the stairs, hoping to reach “the only exit I knew of.”\u003c/p>\n\u003cp>In the stairwell, the smoke was too thick for Axtell to see the glow of the cellphone in his hand, he said. Someone passed him on his way down, coughing and saying the smoke was “too thick,” but Axtell continued navigating towards the front door, relying on his memory of the lower-level layout, he recalled. Downstairs, he said he saw a faint glow and thought he might not survive.\u003c/p>\n\u003cp>“I hit a wall and pushed,” he said. “It turned out to be the door.” It was approximately 15 seconds after he’d seen the wisp of smoke upstairs, he said, and he was surprised to realize his friends weren’t close behind.\u003c/p>\n\u003cp>Axtell said he reopened the door, waving his cellphone flashlight and shouting to draw people to the exit. Then he went to the side of the building and, standing on a car, used a rock to break upper-floor windows until his hand started to bleed, he said.\u003c/p>\n\u003cp>Once firefighters arrived, he told one of them that people were still inside the building. “She looked very surprised,” he said.\u003c/p>\n\u003cp>Jurors also heard testimony from Oakland police officer Brian Kline and saw footage from his visit to the warehouse in 2015. In the video, Almena said that no one lived inside.\u003c/p>\n\u003cp>Kline, under cross-examination, said he’d been inside the warehouse previously in 2014, when a tenant told him it was being used residentially.\u003c/p>\n\u003cp>The defense is expected to begin calling witnesses on Monday, June 10.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Harris, one of two defendants each charged with 36 counts of involuntary manslaughter, described his role at the Fruitvale district warehouse to Bureau of Alcohol, Tobacco, Firearms and Explosives investigators on Dec. 7, just days after the fire. Jurors in the trial heard a recording of the interview Tuesday in court.\u003c/p>\n\u003cp>Prosecutors called to the stand one of the ATF agents, Whitney Hameth, as well as Alameda County District Attorney’s Office investigator Cinda Stoddard, who described the contents of Harris’ cellphone, in an effort to show the defendant’s outsized role in managing the warehouse that’s been called a “death trap.”\u003c/p>\n\u003cp>The evidence and testimony, delivered on what was expected to be prosecutors’ second to last day of calling witnesses, seemed to counter the defense’s depiction of Harris as a benignly helpful figure at an artist collective run without hierarchy or bosses.\u003c/p>\n\u003cp>The defense has also said the fire resulted not from the actions or neglect of Harris and codefendant Derick Almena, who held the lease, but from arson.\u003c/p>\n\u003cp>Prosecutors allege Harris and Almena built and operated the warehouse with a willful disregard for safety, making them criminally responsible for the deaths, while the defense has attempted to shift blame to the property owner and government officials who visited Ghost Ship without flagging unsafe conditions.\u003c/p>\n\u003cp>“I helped facilitate the vision of the space,” Harris told the ATF agent. “If there was interpersonal conflict, sometimes I’d have to be the mediator.” Laughing, Harris was forthcoming and self-deprecating about his duties. “I’m like the executive director, but I have my hand this far down the toilet.”\u003c/p>\n\u003cp>Asked if his responsibilities included maintenance, Harris responded, “Yes.” The power, delivered from an adjacent unit via extension cords, was a persistent problem. He said fuses would “literally explode.”\u003c/p>\n\u003cp>At another point in the recording, Harris said that although he sometimes communicated with the property owner, “I never thought to reach out to the landlord to insist they install [fire sprinklers].”\u003c/p>\n\u003cp>Also in the ATF interview, Harris described blocking off certain areas of the warehouse in anticipation of the electronic music event on the night of the fire, and generally fielding requests to book the space.\u003c/p>\n\u003cp>Under cross-examination, Harris’ attorney Curtis Briggs asked Hameth if the defendant voluntarily agreed to the interview and provided useful information. Hameth responded that Harris was cooperative.\u003c/p>\n\u003cp>Stoddard, the District Attorney’s Office investigator, whose testimony will continue Wednesday, described writing search warrants for the contents of Harris’ cellphone and email account. Almena’s phone wasn’t recovered, she said.\u003c/p>\n\u003cp>Prosecutors projected photographs extracted from the phone, including one of what appeared to be a handwritten rental agreement between Harris and a tenant indicating the collection of a “$500 security deposit for studio space at Satya Yuga,” another name for the Ghost Ship warehouse.\u003c/p>\n\u003cp>Harris also described himself as the space’s manager, and referred to Ghost Ship as “my warehouse,” in direct messages to other users of the dating app Tinder, which prosecutors also projected for jurors.\u003c/p>\n\u003cp>“I’m just getting ready for an event I’m about to host,” he wrote in a Tinder direct-message the day before the fire. In a different exchange on Tinder, he wrote, “I manage a hidden gem here in Oakland[.]”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Also on Tuesday, Jonathan Axtell recounted his narrow escape from Ghost Ship the night of the fire. Upon arriving, Axtell testified that he found the bottom floor beautifully decorated, and ascended a staircase he described as “handmade” and with unevenly spaced steps to find several friends upstairs.\u003c/p>\n\u003cp>After taking a few pictures of the scene, Axtell said he noticed a “small strand” of smoke seeping up through the floorboard. He recounted locking eyes with his friends Alex Ghassan and Hanna Ruax before a “pounding, black cloud of smoke” rushed up from the stairwell and hit him in the face. Axtell then recalled holding his breath while he rushed through the smoke down the stairs, hoping to reach “the only exit I knew of.”\u003c/p>\n\u003cp>In the stairwell, the smoke was too thick for Axtell to see the glow of the cellphone in his hand, he said. Someone passed him on his way down, coughing and saying the smoke was “too thick,” but Axtell continued navigating towards the front door, relying on his memory of the lower-level layout, he recalled. Downstairs, he said he saw a faint glow and thought he might not survive.\u003c/p>\n\u003cp>“I hit a wall and pushed,” he said. “It turned out to be the door.” It was approximately 15 seconds after he’d seen the wisp of smoke upstairs, he said, and he was surprised to realize his friends weren’t close behind.\u003c/p>\n\u003cp>Axtell said he reopened the door, waving his cellphone flashlight and shouting to draw people to the exit. Then he went to the side of the building and, standing on a car, used a rock to break upper-floor windows until his hand started to bleed, he said.\u003c/p>\n\u003cp>Once firefighters arrived, he told one of them that people were still inside the building. “She looked very surprised,” he said.\u003c/p>\n\u003cp>Jurors also heard testimony from Oakland police officer Brian Kline and saw footage from his visit to the warehouse in 2015. In the video, Almena said that no one lived inside.\u003c/p>\n\u003cp>Kline, under cross-examination, said he’d been inside the warehouse previously in 2014, when a tenant told him it was being used residentially.\u003c/p>\n\u003cp>The defense is expected to begin calling witnesses on Monday, June 10.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>In an attempt to show the possibility of arson, defense attorneys on Thursday scrutinized another fire investigator's account of the inquiry into the cause of the Dec. 2, 2016 Ghost Ship warehouse fire that killed 36.\u003c/p>\n\u003cp>Bureau of Alcohol, Tobacco, Firearms and Explosives agent Barbara Maxwell participated in a multi-agency investigation of the blaze which determined where, but not why, the fire ignited. During cross-examination, defense attorneys seized on that uncertainty to question how investigators gathered evidence and eyewitness accounts.\u003c/p>\n\u003cp>[aside label=\"The Ghost Ship Trial\" tag=\"ghost-ship-trial\"]\u003c/p>\n\u003cp>Maxwell, echoing her Oakland Fire Department counterpart Maria Sabatini's earlier testimony, said investigators did not discover physical evidence that the fire was intentionally set and that their interviewees did not recall hearing the sounds of explosions, breaking glass or a \"whoosh\" consistent with the use of accelerants.\u003c/p>\n\u003cp>Under cross-examination, Maxwell said witnesses were reluctant to speak with investigators and that none of the people her team interviewed observed the fire ignite.\u003c/p>\n\u003cp>She also said investigators didn't test debris for the presence of accelerants, because they already expected to find flammable substances such as gasoline in the recreational vehicles used as studios and paint thinner belonging to artist tenants.\u003c/p>\n\u003cp>\"We did not test for ignitable liquids in the space because we felt we would find ignitable liquids in the space,\" she said, adding that such substances wouldn't have value as evidence.\u003c/p>\n\u003cp>Defense attorney Curtis Briggs told reporters outside the courtroom that Maxwell's testimony showed that investigators failed to follow leads. He restated his intention to call witnesses who saw suspicious people in the warehouse and heard a fight followed by glass breaking before the fire started.\u003c/p>\n\u003cp>Alameda County prosecutors allege that master tenant Derick Almena built and operated the unpermitted residence and music venue in the Fruitvale district of Oakland with a willful disregard for safety, enlisting co-defendant Max Harris as his subordinate or second in command. Each of the men face 36 counts of involuntary manslaughter.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The defense has argued that the fire, which broke out during an electronic music party, was not due to the co-defendants' actions or neglect, but rather due to arson. The defense has also sought to shift blame to the landlord and government officials who visited the warehouse without flagging unsafe conditions.\u003c/p>\n\u003cp>Also on Thursday, Briggs showed photographs of the charred warehouse interior depicting splotchy shapes surrounded by soot on the cinderblock walls and asked whether the use of liquid accelerants would leave irregular patterns indicating intense burning.\u003c/p>\n\u003cp>Maxwell responded affirmatively and said that she did not collect a sample for testing from the wall shown, which is near the fire's origin area.\u003c/p>\n\u003cp>Briggs asked Maxwell if investigators recovered broken glass from near the origin area. \"There was no broken glass,\" she said. Briggs then asked if she saw shards in a photo of the origin area. \"That's from a mirror,\" she responded.\u003c/p>\n\u003cp>Briggs and Tony Serra, who represents Almena, also asked Maxwell about what appeared to be glass bottles in the photographs. The investigator said the bottles were not tested to determine if they contained gasoline.\u003c/p>\n\u003cp>The defense attorneys also questioned Maxwell about water bottles and dust masks shown in the photos, which the witness said belonged to investigators. \"It's bad housekeeping on our part,\" she said.\u003c/p>\n\u003cp>Maxwell testified that the fire started near a downstairs area with kitchen items that included a toaster oven and refrigerators, but that electrical engineers had ruled out the appliances as points of ignition.\u003c/p>\n\u003cp>Trial resumes Tuesday with the prosecution continuing to call witnesses.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In an attempt to show the possibility of arson, defense attorneys on Thursday scrutinized another fire investigator's account of the inquiry into the cause of the Dec. 2, 2016 Ghost Ship warehouse fire that killed 36.\u003c/p>\n\u003cp>Bureau of Alcohol, Tobacco, Firearms and Explosives agent Barbara Maxwell participated in a multi-agency investigation of the blaze which determined where, but not why, the fire ignited. During cross-examination, defense attorneys seized on that uncertainty to question how investigators gathered evidence and eyewitness accounts.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Maxwell, echoing her Oakland Fire Department counterpart Maria Sabatini's earlier testimony, said investigators did not discover physical evidence that the fire was intentionally set and that their interviewees did not recall hearing the sounds of explosions, breaking glass or a \"whoosh\" consistent with the use of accelerants.\u003c/p>\n\u003cp>Under cross-examination, Maxwell said witnesses were reluctant to speak with investigators and that none of the people her team interviewed observed the fire ignite.\u003c/p>\n\u003cp>She also said investigators didn't test debris for the presence of accelerants, because they already expected to find flammable substances such as gasoline in the recreational vehicles used as studios and paint thinner belonging to artist tenants.\u003c/p>\n\u003cp>\"We did not test for ignitable liquids in the space because we felt we would find ignitable liquids in the space,\" she said, adding that such substances wouldn't have value as evidence.\u003c/p>\n\u003cp>Defense attorney Curtis Briggs told reporters outside the courtroom that Maxwell's testimony showed that investigators failed to follow leads. He restated his intention to call witnesses who saw suspicious people in the warehouse and heard a fight followed by glass breaking before the fire started.\u003c/p>\n\u003cp>Alameda County prosecutors allege that master tenant Derick Almena built and operated the unpermitted residence and music venue in the Fruitvale district of Oakland with a willful disregard for safety, enlisting co-defendant Max Harris as his subordinate or second in command. Each of the men face 36 counts of involuntary manslaughter.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The defense has argued that the fire, which broke out during an electronic music party, was not due to the co-defendants' actions or neglect, but rather due to arson. The defense has also sought to shift blame to the landlord and government officials who visited the warehouse without flagging unsafe conditions.\u003c/p>\n\u003cp>Also on Thursday, Briggs showed photographs of the charred warehouse interior depicting splotchy shapes surrounded by soot on the cinderblock walls and asked whether the use of liquid accelerants would leave irregular patterns indicating intense burning.\u003c/p>\n\u003cp>Maxwell responded affirmatively and said that she did not collect a sample for testing from the wall shown, which is near the fire's origin area.\u003c/p>\n\u003cp>Briggs asked Maxwell if investigators recovered broken glass from near the origin area. \"There was no broken glass,\" she said. Briggs then asked if she saw shards in a photo of the origin area. \"That's from a mirror,\" she responded.\u003c/p>\n\u003cp>Briggs and Tony Serra, who represents Almena, also asked Maxwell about what appeared to be glass bottles in the photographs. The investigator said the bottles were not tested to determine if they contained gasoline.\u003c/p>\n\u003cp>The defense attorneys also questioned Maxwell about water bottles and dust masks shown in the photos, which the witness said belonged to investigators. \"It's bad housekeeping on our part,\" she said.\u003c/p>\n\u003cp>Maxwell testified that the fire started near a downstairs area with kitchen items that included a toaster oven and refrigerators, but that electrical engineers had ruled out the appliances as points of ignition.\u003c/p>\n\u003cp>Trial resumes Tuesday with the prosecution continuing to call witnesses.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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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>\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>\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",
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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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"disqusTitle": "Oakland Fire Battalion Chief Defends Response to Ghost Ship Fire",
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"content": "\u003cp>\u003cem>Updated 6:55 p.m.\u003c/em>\u003c/p>\n\u003cp>Oakland Fire Department Battalion Chief Heather Mozdean, who was one of the first to arrive at the scene of the deadly 2016 Oakland warehouse fire that killed 36, testified Wednesday, calling the blaze “the most difficult one I’ve ever fought.”\u003c/p>\n\u003cp>[aside tag='ghost-ship-trial' label='More Ghost Ship Trial Coverage']\u003c/p>\n\u003cp>Mozdean, who was a captain with the Fire Department on the night of the Dec. 2, 2016 blaze that killed one resident and 35 concertgoers, tearfully testified that she had thought about the Department's response “a million times” and said she “couldn’t have done anything differently” or “done anything better.”\u003c/p>\n\u003cp>“I couldn’t have done anything to change the outcome,” she said, following a question from defense attorney Curtis Briggs regarding video footage from a firefighter's helmet-worn camera shown in court. “It’s been really hard for me.”\u003c/p>\n\u003cp>Prosecutors say the two defendants charged with 36 counts of involuntary manslaughter each — master tenant Derick Almena and Max Harris, who has been described as a creative director or second-in-command — illegally converted the warehouse known as the Ghost Ship into a residential art space and stuffed it from floor to ceiling with flammable building components, art and other materials and didn't install proper safety measures like fire alarms, sprinklers and well-lit exits.\u003c/p>\n\u003cp>Mozdean testified that her Station 13 engine crew, which is located within a block of the Ghost Ship, was on the scene even before final dispatch orders were completed.\u003c/p>\n\u003cp>She described seeing thick gray smoke pushing out through windows with high “volume” and “velocity,” indicating a “significant fire.”\u003c/p>\n\u003cp>Mozdean said that as she entered the front door of the building behind another crew member, the smoke had reached to the floor and indicated to her that the fire was “not survivable.”\u003c/p>\n\u003cp>“This is bad. It made the hair on my neck stand up,” she said, following questions from Alameda County Assistant District Attorney Casey Bates.\u003c/p>\n\u003cp>Mozdean testified that she did not hear or see fire alarms, nor saw any indication of a sprinkler system.\u003c/p>\n\u003cp>She said she and her crew advanced about 40 to 50 feet into the building and laid down the first fire hose to put water on the blaze.\u003c/p>\n\u003cp>The prosecution played for the jury helmet-camera footage from another firefighter Mozdean followed into the warehouse that showed mostly black footage with occasional illumination from body-worn LED lights. At one point a glow indicated a fire in the rear of the structure.\u003c/p>\n\u003cp>Mozdean said she and another crew member began leaving the building after about 39 minutes because one or both of their breathing apparatus alarms had sounded. As they left the building, following the path of the hose they had put down, the fire, which had started in the rear of the building, “ignited overhead and blew out through the front windows.”\u003c/p>\n\u003cp>Mozdean said after exiting she told the battalion chief that fire crews on the scene should consider a change of strategy.\u003c/p>\n\u003cp>“None of us want to leave a burning building,” Mozdean said. “It’s not in our culture to admit there is no chance.”\u003c/p>\n\u003cp>Defense attorney Curtis Briggs asked Mozdean if she believed there were any people still inside the warehouse at the time they had arrived at the blaze. She said that regardless of whether there was one or 36 in the building, they needed to get in quickly.\u003c/p>\n\u003cp>Defense attorney Tony Serra, who represents Almena, questioned why Mozdean hadn’t asked people gathered outside the warehouse if there were still people inside before she entered the building. He also asked why her fire crew hadn't put up ladders to the second floor to try to rescue people trapped there.\u003c/p>\n\u003cp>Mozdean said interrogating people outside the warehouse would be a waste of time and that her actions were deliberate: The intent was to get in quickly to look for victims. She said she didn't have indication people were in the building.\u003c/p>\n\u003cp>In other testimony Wednesday, Oakland Police Officer Jonathan Low testified about body-camera footage he recorded on Jan. 31, 2015. In one video, Low asked Almena if he stayed at the Ghost Ship warehouse, to which Almena replied, “I don’t live here.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Another witness who testified Wednesday, Chris Farstad, said he arrived with a friend at about 11 p.m. on the night of the fire to see the performance. He said that sometime after arriving, he heard verbal warnings about a fire and could see that smoke was present but not billowing.\u003c/p>\n\u003cp>Farstad testified that he ran up to the second floor where performances were set to happen and warned people about the fire. He said he was there for about 15 seconds before fleeing outside through the front door. He said from the time he first became aware of the fire to the time he fled the building was between one to one-and-a-half minutes.\u003c/p>\n\u003cp>Farstad said he then re-entered the warehouse to try to warn others, but quickly realized it wouldn't be possible to stay \"based on the nature of the fire.\" He described the fire as being \"very loud\" and like \"being inside a giant campfire\" with all of the crackling sounds.\u003c/p>\n\u003cp>Asked by Alameda County Deputy District Attorney Autrey James if he recalled hearing or seeing smoke alarms, Farstad replied he hadn't. When asked if he recalled seeing sprinklers, Farstad said he recalled there being water in the air when he returned to the warehouse the second time, but said it could have been a burst pipe.\u003c/p>\n\u003cp>During cross-examination, defense attorney Tyler Smith, who represents Harris, asked Farstad if the stairs connecting the first and second floors near the front of the building could be easily seen from the second floor. Farstad said it was a \"straight shot\" from the concert area to the stairs and it wasn't confusing to get outside through the front door after descending them.\u003c/p>\n\u003cp>Smith also asked if Farstad could determine the source of the smoke, to which he said it was obviously coming from the back.\u003c/p>\n\u003cp>Brian Getz, one of the defense attorneys representing Almena, asked Farstad about his efforts after he fled the building. Farstad said he and a few others had also tried to enter through a side entrance but couldn't because of the intensity of the smoke.\u003c/p>\n\u003cp>[aside postID=news_11744136]\u003c/p>\n\u003cp>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\" target=\"_blank\" rel=\"noopener\">said it plans to call three witnesses \u003c/a>to testify that the fire was started by arson and that several people were seen fleeing the building just prior to the start of the fire. They said witnesses will testify there was a scuffle or fight, and that they heard the sound of breaking glass.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Alameda County Superior Court Judge Trina Thompson told the jury on Wednesday that she expected testimony to wrap up in mid to late July.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 6:55 p.m.\u003c/em>\u003c/p>\n\u003cp>Oakland Fire Department Battalion Chief Heather Mozdean, who was one of the first to arrive at the scene of the deadly 2016 Oakland warehouse fire that killed 36, testified Wednesday, calling the blaze “the most difficult one I’ve ever fought.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Mozdean, who was a captain with the Fire Department on the night of the Dec. 2, 2016 blaze that killed one resident and 35 concertgoers, tearfully testified that she had thought about the Department's response “a million times” and said she “couldn’t have done anything differently” or “done anything better.”\u003c/p>\n\u003cp>“I couldn’t have done anything to change the outcome,” she said, following a question from defense attorney Curtis Briggs regarding video footage from a firefighter's helmet-worn camera shown in court. “It’s been really hard for me.”\u003c/p>\n\u003cp>Prosecutors say the two defendants charged with 36 counts of involuntary manslaughter each — master tenant Derick Almena and Max Harris, who has been described as a creative director or second-in-command — illegally converted the warehouse known as the Ghost Ship into a residential art space and stuffed it from floor to ceiling with flammable building components, art and other materials and didn't install proper safety measures like fire alarms, sprinklers and well-lit exits.\u003c/p>\n\u003cp>Mozdean testified that her Station 13 engine crew, which is located within a block of the Ghost Ship, was on the scene even before final dispatch orders were completed.\u003c/p>\n\u003cp>She described seeing thick gray smoke pushing out through windows with high “volume” and “velocity,” indicating a “significant fire.”\u003c/p>\n\u003cp>Mozdean said that as she entered the front door of the building behind another crew member, the smoke had reached to the floor and indicated to her that the fire was “not survivable.”\u003c/p>\n\u003cp>“This is bad. It made the hair on my neck stand up,” she said, following questions from Alameda County Assistant District Attorney Casey Bates.\u003c/p>\n\u003cp>Mozdean testified that she did not hear or see fire alarms, nor saw any indication of a sprinkler system.\u003c/p>\n\u003cp>She said she and her crew advanced about 40 to 50 feet into the building and laid down the first fire hose to put water on the blaze.\u003c/p>\n\u003cp>The prosecution played for the jury helmet-camera footage from another firefighter Mozdean followed into the warehouse that showed mostly black footage with occasional illumination from body-worn LED lights. At one point a glow indicated a fire in the rear of the structure.\u003c/p>\n\u003cp>Mozdean said she and another crew member began leaving the building after about 39 minutes because one or both of their breathing apparatus alarms had sounded. As they left the building, following the path of the hose they had put down, the fire, which had started in the rear of the building, “ignited overhead and blew out through the front windows.”\u003c/p>\n\u003cp>Mozdean said after exiting she told the battalion chief that fire crews on the scene should consider a change of strategy.\u003c/p>\n\u003cp>“None of us want to leave a burning building,” Mozdean said. “It’s not in our culture to admit there is no chance.”\u003c/p>\n\u003cp>Defense attorney Curtis Briggs asked Mozdean if she believed there were any people still inside the warehouse at the time they had arrived at the blaze. She said that regardless of whether there was one or 36 in the building, they needed to get in quickly.\u003c/p>\n\u003cp>Defense attorney Tony Serra, who represents Almena, questioned why Mozdean hadn’t asked people gathered outside the warehouse if there were still people inside before she entered the building. He also asked why her fire crew hadn't put up ladders to the second floor to try to rescue people trapped there.\u003c/p>\n\u003cp>Mozdean said interrogating people outside the warehouse would be a waste of time and that her actions were deliberate: The intent was to get in quickly to look for victims. She said she didn't have indication people were in the building.\u003c/p>\n\u003cp>In other testimony Wednesday, Oakland Police Officer Jonathan Low testified about body-camera footage he recorded on Jan. 31, 2015. In one video, Low asked Almena if he stayed at the Ghost Ship warehouse, to which Almena replied, “I don’t live here.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Another witness who testified Wednesday, Chris Farstad, said he arrived with a friend at about 11 p.m. on the night of the fire to see the performance. He said that sometime after arriving, he heard verbal warnings about a fire and could see that smoke was present but not billowing.\u003c/p>\n\u003cp>Farstad testified that he ran up to the second floor where performances were set to happen and warned people about the fire. He said he was there for about 15 seconds before fleeing outside through the front door. He said from the time he first became aware of the fire to the time he fled the building was between one to one-and-a-half minutes.\u003c/p>\n\u003cp>Farstad said he then re-entered the warehouse to try to warn others, but quickly realized it wouldn't be possible to stay \"based on the nature of the fire.\" He described the fire as being \"very loud\" and like \"being inside a giant campfire\" with all of the crackling sounds.\u003c/p>\n\u003cp>Asked by Alameda County Deputy District Attorney Autrey James if he recalled hearing or seeing smoke alarms, Farstad replied he hadn't. When asked if he recalled seeing sprinklers, Farstad said he recalled there being water in the air when he returned to the warehouse the second time, but said it could have been a burst pipe.\u003c/p>\n\u003cp>During cross-examination, defense attorney Tyler Smith, who represents Harris, asked Farstad if the stairs connecting the first and second floors near the front of the building could be easily seen from the second floor. Farstad said it was a \"straight shot\" from the concert area to the stairs and it wasn't confusing to get outside through the front door after descending them.\u003c/p>\n\u003cp>Smith also asked if Farstad could determine the source of the smoke, to which he said it was obviously coming from the back.\u003c/p>\n\u003cp>Brian Getz, one of the defense attorneys representing Almena, asked Farstad about his efforts after he fled the building. Farstad said he and a few others had also tried to enter through a side entrance but couldn't because of the intensity of the smoke.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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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>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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