Ghost Ship Trial: Defense Accuses Fire Officials of Shielding City from Civil Liability
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"disqusTitle": "'He Made a Mistake': Ghost Ship Juror Speaks Out Ahead of Retrial",
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"content": "\u003cp>One of the two jurors who voted in September to acquit Ghost Ship defendant Derick Almena spoke publicly for the first time on Friday, telling reporters she didn't think Almena had any criminal intent in connection with a massive fire at an Oakland warehouse in the Fruitvale neighborhood that killed 36 people on Dec. 2, 2016.\u003c/p>\n\u003cp>Former juror Betty Parker — or Juror Number 5 — said she was confident that Almena, the Ghost Ship's master tenant, believed the building was safe.\u003c/p>\n\u003cp>\"The man had his family living there,\" she told reporters outside an Oakland courtroom where Almena appeared for a short procedural hearing in advance of his retrial. \"Who would put their kids knowingly in that type of danger?\"\u003c/p>\n\u003cp>Almena and Max Harris, who had been described as the Ghost Ship warehouse's second-in-command, \u003ca href=\"https://www.kqed.org/news/11495325/two-reportedly-charged-with-manslaughter-in-oaklands-ghost-ship-fire\" target=\"_blank\" rel=\"noopener noreferrer\">were arrested on June 5, 2017\u003c/a>. Each was charged with 36 counts of involuntary manslaughter. After a four-month-long, emotionally draining trial, a jury in September 2019 \u003ca href=\"https://www.kqed.org/news/11764921/ghost-ship-defendant-max-harris-acquitted-of-all-charges-jury-hung-on-derick-almena\">acquitted Harris of all charges but deadlocked 10-2 in favor of convicting Almena\u003c/a>.\u003c/p>\n\u003cp>[aside label=\"more ghost ship trial coverage\" tag=\"ghost-ship-trial\"]Almena remains in county jail in lieu of $750,000 bail as he awaits his second trial, which is scheduled to begin in early April.\u003c/p>\n\u003cp>\"He has to be proven guilty beyond a reasonable doubt. And there was a lot of reasonable doubt as far as I’m concerned,\" Parker said.\u003c/p>\n\u003cp>She advised the jury in the retrial to \"listen to everything.\"\u003c/p>\n\u003cp>\"Take everything into account. And think with both your mind and your heart,\" said Parker, who was later spotted hugging Almena’s wife, Micah Allison, in the courthouse. \"He has to live with this for the rest of his life, and to me that's a horrible sentence.\"\u003c/p>\n\u003cp>\"He made a mistake, we all make mistakes,” Parker said.\u003c/p>\n\u003cp>During Friday's hearing, Tony Serra, Almena's defense attorney, filed a motion to unseal the names of the former jurors so his team could interview them in preparation for the retrial. Parker was one of at least five former jurors in the courtroom on Friday, four of whom consented to the request, according to Alameda County Superior Court Judge Trina Thompson.\u003c/p>\n\u003cp>Starting on April 6, Thompson said, she will bring in four panels of 80 potential jurors for a total pool of 320 potential jurors. Jury selection is expected to take at least a few weeks, with opening statements not likely to begin until late April, she said.\u003c/p>\n\u003cp>\"Not a lot occurred today, but we want a trial,\" Serra said after Friday's hearing. \"The prosecution wants a trial and a trial has been confirmed.\"\u003c/p>\n\u003cp>That means Almena won't consider the possibility of a plea agreement with prosecutors, he said, adding that a new attorney, Vincent Barrientos, will replace the defense’s second-chair attorney Brian Getz, who is unavailable for the retrial. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"We're excited because we think we'll do better than in the first trial,\" Serra said of the retrial, which he expects to last about half as long.\u003c/p>\n\u003cp>He noted that this time his team will be able to question members of the Ng family, who owned the warehouse, about their potential responsibility for the fire. During the first trial, the Ngs were exempted from testifying because of the possibility they could be charged for their role in the blaze. But with the statute of limitations for charges against them expired, the defense can now call them as witnesses.\u003c/p>\n\u003cp>\"I'm going to grill them,\" Serra said.\u003c/p>\n\u003cp>In the original trial of Almena and Harris, prosecutors told jurors that the two men should be found guilty of involuntary manslaughter because they turned the warehouse into a death trap by creating an unsafe environment devoid of fire sprinklers, smoke alarms, lighted exit signs or stable stairs.\u003c/p>\n\u003cp>Prosecutors also alleged that Almena started violating the terms of the building's lease almost immediately after he signed it on Nov. 10, 2013, by allowing up to 25 people to live there even though it was zoned for commercial use, not residential.\u003c/p>\n\u003cp>Defense attorneys argued that firefighters, police officers and Child Protective Services officials who visited the warehouse on multiple occasions never told Almena and Harris that the building was unsafe.\u003c/p>\n\u003cp>They also argued that the fire was an act of arson that Almena and Harris couldn't have prevented. Prosecutors countered that there was no evidence of arson and called testimony by a key defense witness \"unbelievable.\"\u003c/p>\n\u003cp>\u003cem>Additional reporting from Bay City News was used in this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>One of the two jurors who voted in September to acquit Ghost Ship defendant Derick Almena spoke publicly for the first time on Friday, telling reporters she didn't think Almena had any criminal intent in connection with a massive fire at an Oakland warehouse in the Fruitvale neighborhood that killed 36 people on Dec. 2, 2016.\u003c/p>\n\u003cp>Former juror Betty Parker — or Juror Number 5 — said she was confident that Almena, the Ghost Ship's master tenant, believed the building was safe.\u003c/p>\n\u003cp>\"The man had his family living there,\" she told reporters outside an Oakland courtroom where Almena appeared for a short procedural hearing in advance of his retrial. \"Who would put their kids knowingly in that type of danger?\"\u003c/p>\n\u003cp>Almena and Max Harris, who had been described as the Ghost Ship warehouse's second-in-command, \u003ca href=\"https://www.kqed.org/news/11495325/two-reportedly-charged-with-manslaughter-in-oaklands-ghost-ship-fire\" target=\"_blank\" rel=\"noopener noreferrer\">were arrested on June 5, 2017\u003c/a>. Each was charged with 36 counts of involuntary manslaughter. After a four-month-long, emotionally draining trial, a jury in September 2019 \u003ca href=\"https://www.kqed.org/news/11764921/ghost-ship-defendant-max-harris-acquitted-of-all-charges-jury-hung-on-derick-almena\">acquitted Harris of all charges but deadlocked 10-2 in favor of convicting Almena\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Almena remains in county jail in lieu of $750,000 bail as he awaits his second trial, which is scheduled to begin in early April.\u003c/p>\n\u003cp>\"He has to be proven guilty beyond a reasonable doubt. And there was a lot of reasonable doubt as far as I’m concerned,\" Parker said.\u003c/p>\n\u003cp>She advised the jury in the retrial to \"listen to everything.\"\u003c/p>\n\u003cp>\"Take everything into account. And think with both your mind and your heart,\" said Parker, who was later spotted hugging Almena’s wife, Micah Allison, in the courthouse. \"He has to live with this for the rest of his life, and to me that's a horrible sentence.\"\u003c/p>\n\u003cp>\"He made a mistake, we all make mistakes,” Parker said.\u003c/p>\n\u003cp>During Friday's hearing, Tony Serra, Almena's defense attorney, filed a motion to unseal the names of the former jurors so his team could interview them in preparation for the retrial. Parker was one of at least five former jurors in the courtroom on Friday, four of whom consented to the request, according to Alameda County Superior Court Judge Trina Thompson.\u003c/p>\n\u003cp>Starting on April 6, Thompson said, she will bring in four panels of 80 potential jurors for a total pool of 320 potential jurors. Jury selection is expected to take at least a few weeks, with opening statements not likely to begin until late April, she said.\u003c/p>\n\u003cp>\"Not a lot occurred today, but we want a trial,\" Serra said after Friday's hearing. \"The prosecution wants a trial and a trial has been confirmed.\"\u003c/p>\n\u003cp>That means Almena won't consider the possibility of a plea agreement with prosecutors, he said, adding that a new attorney, Vincent Barrientos, will replace the defense’s second-chair attorney Brian Getz, who is unavailable for the retrial. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"We're excited because we think we'll do better than in the first trial,\" Serra said of the retrial, which he expects to last about half as long.\u003c/p>\n\u003cp>He noted that this time his team will be able to question members of the Ng family, who owned the warehouse, about their potential responsibility for the fire. During the first trial, the Ngs were exempted from testifying because of the possibility they could be charged for their role in the blaze. But with the statute of limitations for charges against them expired, the defense can now call them as witnesses.\u003c/p>\n\u003cp>\"I'm going to grill them,\" Serra said.\u003c/p>\n\u003cp>In the original trial of Almena and Harris, prosecutors told jurors that the two men should be found guilty of involuntary manslaughter because they turned the warehouse into a death trap by creating an unsafe environment devoid of fire sprinklers, smoke alarms, lighted exit signs or stable stairs.\u003c/p>\n\u003cp>Prosecutors also alleged that Almena started violating the terms of the building's lease almost immediately after he signed it on Nov. 10, 2013, by allowing up to 25 people to live there even though it was zoned for commercial use, not residential.\u003c/p>\n\u003cp>Defense attorneys argued that firefighters, police officers and Child Protective Services officials who visited the warehouse on multiple occasions never told Almena and Harris that the building was unsafe.\u003c/p>\n\u003cp>They also argued that the fire was an act of arson that Almena and Harris couldn't have prevented. Prosecutors countered that there was no evidence of arson and called testimony by a key defense witness \"unbelievable.\"\u003c/p>\n\u003cp>\u003cem>Additional reporting from Bay City News was used in this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"title": "In Closing Arguments, Ghost Ship Defense Attorneys Say Arson Was Cause of Deadly Blaze",
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"content": "\u003cp>\u003cem>Updated 6:40 p.m.\u003c/em>\u003c/p>\n\u003cp>Defense attorneys representing two men each charged with 36 counts of involuntary manslaughter in the deadly 2016 Oakland Ghost Ship warehouse fire wrapped up their closing arguments Tuesday.\u003c/p>\n\u003cp>The prosecution, \u003ca href=\"https://www.kqed.org/news/11763874/ghost-ship-victims-had-no-notice-and-no-exits-prosecutors-repeat-in-closing-arguments\" rel=\"noopener\" target=\"_blank\">in their closing arguments Monday\u003c/a>, said that the actions of master tenant Derick Almena and Max Harris, who has been described as creative director or second-in-command of the Ghost Ship, amounted to criminal negligence. The prosecution argued they converted the warehouse into an unsafe living space with no concern for fire safety, violating nine fire codes including not installing sprinklers and other safety measures. The prosecution on Monday also said Almena had violated the terms of the lease almost immediately by allowing people to live there.\u003c/p>\n\u003cp>Rebuttal from the prosecution is expected Wednesday morning. The jury will begin deliberations afterward.\u003c/p>\n\u003cp>Read about closing arguments for each defendant below.\u003c/p>\n\u003cp>\u003cstrong>Closing Arguments on Behalf of Derick Almena\u003c/strong>\u003c/p>\n\u003cp>Tony Serra, who represents Almena, argued Tuesday that arson was the cause of the blaze that killed 35 concert-goers and one tenant the night of an electronic music party on Dec. 2, 2016.\u003c/p>\n\u003cp>[aside tag=\"ghost-ship-trial\" label=\"More Ghost Ship Trial Coverage\"]\u003c/p>\n\u003cp>He pointed back to \u003ca href=\"https://www.kqed.org/news/11753779/ghost-ship-trial-defense-calls-key-witness-to-support-arson-claim\" rel=\"noopener\" target=\"_blank\">testimony from Sharon Evans\u003c/a> who said she overheard a group of men in dark clothing boasting about the fire and how quickly it had spread. He also pointed \u003ca href=\"https://www.kqed.org/news/11759655/witness-says-he-heard-breaking-bottles-argument-on-night-of-deadly-ghost-ship-blaze\" rel=\"noopener\" target=\"_blank\">to testimony from former tenant Darold Leite\u003c/a>, who testified he heard an argument, bottles breaking and seven to eight men who left in a hurry. Serra also brought up other testimony by individuals who say they heard an argument the night of the blaze.\u003c/p>\n\u003cp>Serra also argued that Oakland fire personnel had perjured themselves during testimony. That included Maria Sabatini, an Oakland fire investigator who said she had not entered the Ghost Ship following an alleged arson fire outside the warehouse on Sept. 26, 2014. The testimony contradicts that of five others who said that Sabatini had entered the warehouse to inspect it then.\u003c/p>\n\u003cp>“The fire department has misled, misstated in some instances, in some instance lied and perjured themselves,” Serra said.\u003c/p>\n\u003cp>“Why would they perjure themselves?” Serra asked. He said it was because they knew people were living in the warehouse and it was their duty to red tag it if they found something wrong.\u003c/p>\n\u003cp>“If they admit they did nothing, Oakland would be liable,” Serra said. He called it a “conspiracy to protect Oakland,” and he said Almena was on the stand to create a scapegoat so civil liability could be deflected.\u003c/p>\n\u003cp>Serra argued that personnel from the Oakland Fire and Police departments, as well as from Child Protective Services, had been through the Ghost Ship dozens of times and never cited it. That gave Almena the impression that he was doing nothing wrong, Serra argued, adding that since officials gave the impression that nothing was wrong he could not have been acting in a reckless manner or with any disregard for life.\u003c/p>\n\u003cp>Serra also conceded there were violations to the fire code, but those did not amount to criminal negligence.\u003c/p>\n\u003cp>He said also reiterated that a number of former tenants testified they felt the building was safe and that it wasn’t a “death trap” or “tinderbox.”\u003c/p>\n\u003cp>Serra admitted his client had lied to police on a number of occasions about people living in the warehouse, but Serra argued that it was at the instruction of the landlords. He said landlord Eva Ng was responsible for obtaining permits for changes to the premises, and that’s why she instructed him to lie – to protect her and her brother Kai Ng’s interests.\u003c/p>\n\u003cp>Serra ended his closing arguments by putting up a large photo of Almena, his wife Micah Allison and their three children. \u003c/p>\n\u003cp>“Do you think he (Almena) would risk his children?” Serra asked. Was he reckless and indifferent? Absolutely not.”\u003c/p>\n\u003cp>\u003cstrong>Closing Arguments on Behalf of Max Harris\u003c/strong>\u003c/p>\n\u003cp>Defense attorney Curtis Briggs, who represents Max Harris, wrapped up his closing arguments Tuesday, arguing there is enough reasonable doubt to find his client not guilty in the deadly 2016 Oakland warehouse fire.\u003c/p>\n\u003cp>The prosecution \u003ca href=\"https://www.kqed.org/news/11763874/ghost-ship-victims-had-no-notice-and-no-exits-prosecutors-repeat-in-closing-arguments\" target=\"_blank\" rel=\"noopener\">concluded its closing arguments Monday\u003c/a>, arguing the defendants were criminally negligent in violating nine different fire codes, including not installing safety measures like sprinklers and fire alarms and holding unpermitted events like the one on Dec 2. The prosecution on Monday also said Almena had violated the terms of the lease almost immediately by allowing people to live there.\u003c/p>\n\u003cp>But Briggs pointed to the courtroom where the trial has been taking place since its preliminary rounds began in early April.\u003c/p>\n\u003cp>“There were no fire sprinklers inside (the warehouse). There are no fire extinguishers in here. Convict Max anyway,” Briggs told the jury. “There are no illuminated exit signs in this courtroom. There was one in the warehouse. Convict Max anyway.”\u003c/p>\n\u003cp>He also said that some of the fire codes that the prosecution argued were broken were actually the responsibility of the owners to implement.\u003c/p>\n\u003cp>Briggs argued Harris did not live in the Ghost Ship when the lease was signed, or when Almena began allowing people to live there. He also said Harris wasn’t there when a side fire door was installed or a set of stairs toward the front of the warehouse was built, both without the required permits.\u003c/p>\n\u003cp>Briggs laid out a list of people, saying they weren’t being convicted, including landlords Kai and Eva Ng, Ben Cannon, who did electrical work at the warehouse, and Jon Hrabko, who Briggs said organized the Dec. 2 event.\u003c/p>\n\u003cp>“They did not ask you to convict Kai or Eva Ng,” Briggs said, addressing the jury.\u003c/p>\n\u003cp>“They asked you to convict Max,” Briggs repeated after each person listed.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He pointed to a number of fire and police officials who had been to the warehouse a number of times and had never flagged the building as a hazard.\u003c/p>\n\u003cp>He argued that Harris had no managerial role in the warehouse and noted the testimony of at least seven individuals who said as much.\u003c/p>\n\u003cp>“Max cleaned toilets, swept floors, did the dishes. Convict him,” Briggs said.\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\">has argued\u003c/a> that the cause of the blaze, which was never determined by fire investigators, was an act of arson, and that the defendants could not have done anything to prevent it.\u003c/p>\n\u003cp>Briggs returned to the arson theory Tuesday, saying that at least seven witnesses had testified to its possibility, including: a woman who testified she heard nine to 14 men boasting about the fire getting out of hand quickly, a former tenant who heard an argument and bottles breaking before the fire began, and testimony from a couple of others who also said they heard an argument the night of the fire.\u003c/p>\n\u003cp>Briggs reminded the jury of their instructions, which say that if previous testimony regarding arson raises a reasonable doubt as to the defendants’ guilt, then they must find the defendants not guilty.\u003c/p>\n\u003cp>Briggs asked why no fire investigator, including staff from the Bureau of Alcohol, Firearms, Tobacco and Explosives, had asked about any suspicious people the night of the fire. He also asked why fire investigators hadn’t swabbed the scene after the fire for accelerants.\u003c/p>\n\u003cp>“Don’t you think you deserve that before you check the box ‘guilty?’ ” Briggs asked the jury.\u003c/p>\n\u003cp>“They were so sure they had the cause … electrical,” Briggs said. “They didn’t test anything else.”\u003c/p>\n\u003cp>Earlier in the trial, Bureau of Alcohol, Tobacco, Firearms and Explosives \u003ca href=\"https://www.kqed.org/news/11751300/ghost-ship-trial-defense-cross-examines-fire-investigator-in-attempt-to-show-arson-possibility\" target=\"_blank\" rel=\"noopener\">agent Barbara Maxwell testified\u003c/a> that 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 parked inside the warehouse and used as studios, and paint thinner belonging to artist tenants.\u003c/p>\n\u003cp>On Tuesday, Briggs also said at least seven witnesses testified they considered the Ghost Ship safe. But he did return to the \u003ca href=\"https://www.kqed.org/news/11745555/ghost-ship-trial-witness-testifies-about-explosive-spread-of-deadly-fire\" target=\"_blank\" rel=\"noopener\">testimony of Rodney Griffin\u003c/a>, a former friend of Almena’s who called the warehouse a “death trap.” Briggs argued those statements were made before Harris began living at the Ghost Ship.\u003c/p>\n\u003cp>“I wish someone would have told Max there was a problem, because he would have done something about it,” Briggs said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Defense attorneys made closing arguments Tuesday in the criminal trial of two men charged in the Dec. 2, 2016, Oakland blaze that killed 36 people.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 6:40 p.m.\u003c/em>\u003c/p>\n\u003cp>Defense attorneys representing two men each charged with 36 counts of involuntary manslaughter in the deadly 2016 Oakland Ghost Ship warehouse fire wrapped up their closing arguments Tuesday.\u003c/p>\n\u003cp>The prosecution, \u003ca href=\"https://www.kqed.org/news/11763874/ghost-ship-victims-had-no-notice-and-no-exits-prosecutors-repeat-in-closing-arguments\" rel=\"noopener\" target=\"_blank\">in their closing arguments Monday\u003c/a>, said that the actions of master tenant Derick Almena and Max Harris, who has been described as creative director or second-in-command of the Ghost Ship, amounted to criminal negligence. The prosecution argued they converted the warehouse into an unsafe living space with no concern for fire safety, violating nine fire codes including not installing sprinklers and other safety measures. The prosecution on Monday also said Almena had violated the terms of the lease almost immediately by allowing people to live there.\u003c/p>\n\u003cp>Rebuttal from the prosecution is expected Wednesday morning. The jury will begin deliberations afterward.\u003c/p>\n\u003cp>Read about closing arguments for each defendant below.\u003c/p>\n\u003cp>\u003cstrong>Closing Arguments on Behalf of Derick Almena\u003c/strong>\u003c/p>\n\u003cp>Tony Serra, who represents Almena, argued Tuesday that arson was the cause of the blaze that killed 35 concert-goers and one tenant the night of an electronic music party on Dec. 2, 2016.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He pointed back to \u003ca href=\"https://www.kqed.org/news/11753779/ghost-ship-trial-defense-calls-key-witness-to-support-arson-claim\" rel=\"noopener\" target=\"_blank\">testimony from Sharon Evans\u003c/a> who said she overheard a group of men in dark clothing boasting about the fire and how quickly it had spread. He also pointed \u003ca href=\"https://www.kqed.org/news/11759655/witness-says-he-heard-breaking-bottles-argument-on-night-of-deadly-ghost-ship-blaze\" rel=\"noopener\" target=\"_blank\">to testimony from former tenant Darold Leite\u003c/a>, who testified he heard an argument, bottles breaking and seven to eight men who left in a hurry. Serra also brought up other testimony by individuals who say they heard an argument the night of the blaze.\u003c/p>\n\u003cp>Serra also argued that Oakland fire personnel had perjured themselves during testimony. That included Maria Sabatini, an Oakland fire investigator who said she had not entered the Ghost Ship following an alleged arson fire outside the warehouse on Sept. 26, 2014. The testimony contradicts that of five others who said that Sabatini had entered the warehouse to inspect it then.\u003c/p>\n\u003cp>“The fire department has misled, misstated in some instances, in some instance lied and perjured themselves,” Serra said.\u003c/p>\n\u003cp>“Why would they perjure themselves?” Serra asked. He said it was because they knew people were living in the warehouse and it was their duty to red tag it if they found something wrong.\u003c/p>\n\u003cp>“If they admit they did nothing, Oakland would be liable,” Serra said. He called it a “conspiracy to protect Oakland,” and he said Almena was on the stand to create a scapegoat so civil liability could be deflected.\u003c/p>\n\u003cp>Serra argued that personnel from the Oakland Fire and Police departments, as well as from Child Protective Services, had been through the Ghost Ship dozens of times and never cited it. That gave Almena the impression that he was doing nothing wrong, Serra argued, adding that since officials gave the impression that nothing was wrong he could not have been acting in a reckless manner or with any disregard for life.\u003c/p>\n\u003cp>Serra also conceded there were violations to the fire code, but those did not amount to criminal negligence.\u003c/p>\n\u003cp>He said also reiterated that a number of former tenants testified they felt the building was safe and that it wasn’t a “death trap” or “tinderbox.”\u003c/p>\n\u003cp>Serra admitted his client had lied to police on a number of occasions about people living in the warehouse, but Serra argued that it was at the instruction of the landlords. He said landlord Eva Ng was responsible for obtaining permits for changes to the premises, and that’s why she instructed him to lie – to protect her and her brother Kai Ng’s interests.\u003c/p>\n\u003cp>Serra ended his closing arguments by putting up a large photo of Almena, his wife Micah Allison and their three children. \u003c/p>\n\u003cp>“Do you think he (Almena) would risk his children?” Serra asked. Was he reckless and indifferent? Absolutely not.”\u003c/p>\n\u003cp>\u003cstrong>Closing Arguments on Behalf of Max Harris\u003c/strong>\u003c/p>\n\u003cp>Defense attorney Curtis Briggs, who represents Max Harris, wrapped up his closing arguments Tuesday, arguing there is enough reasonable doubt to find his client not guilty in the deadly 2016 Oakland warehouse fire.\u003c/p>\n\u003cp>The prosecution \u003ca href=\"https://www.kqed.org/news/11763874/ghost-ship-victims-had-no-notice-and-no-exits-prosecutors-repeat-in-closing-arguments\" target=\"_blank\" rel=\"noopener\">concluded its closing arguments Monday\u003c/a>, arguing the defendants were criminally negligent in violating nine different fire codes, including not installing safety measures like sprinklers and fire alarms and holding unpermitted events like the one on Dec 2. The prosecution on Monday also said Almena had violated the terms of the lease almost immediately by allowing people to live there.\u003c/p>\n\u003cp>But Briggs pointed to the courtroom where the trial has been taking place since its preliminary rounds began in early April.\u003c/p>\n\u003cp>“There were no fire sprinklers inside (the warehouse). There are no fire extinguishers in here. Convict Max anyway,” Briggs told the jury. “There are no illuminated exit signs in this courtroom. There was one in the warehouse. Convict Max anyway.”\u003c/p>\n\u003cp>He also said that some of the fire codes that the prosecution argued were broken were actually the responsibility of the owners to implement.\u003c/p>\n\u003cp>Briggs argued Harris did not live in the Ghost Ship when the lease was signed, or when Almena began allowing people to live there. He also said Harris wasn’t there when a side fire door was installed or a set of stairs toward the front of the warehouse was built, both without the required permits.\u003c/p>\n\u003cp>Briggs laid out a list of people, saying they weren’t being convicted, including landlords Kai and Eva Ng, Ben Cannon, who did electrical work at the warehouse, and Jon Hrabko, who Briggs said organized the Dec. 2 event.\u003c/p>\n\u003cp>“They did not ask you to convict Kai or Eva Ng,” Briggs said, addressing the jury.\u003c/p>\n\u003cp>“They asked you to convict Max,” Briggs repeated after each person listed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He pointed to a number of fire and police officials who had been to the warehouse a number of times and had never flagged the building as a hazard.\u003c/p>\n\u003cp>He argued that Harris had no managerial role in the warehouse and noted the testimony of at least seven individuals who said as much.\u003c/p>\n\u003cp>“Max cleaned toilets, swept floors, did the dishes. Convict him,” Briggs said.\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\">has argued\u003c/a> that the cause of the blaze, which was never determined by fire investigators, was an act of arson, and that the defendants could not have done anything to prevent it.\u003c/p>\n\u003cp>Briggs returned to the arson theory Tuesday, saying that at least seven witnesses had testified to its possibility, including: a woman who testified she heard nine to 14 men boasting about the fire getting out of hand quickly, a former tenant who heard an argument and bottles breaking before the fire began, and testimony from a couple of others who also said they heard an argument the night of the fire.\u003c/p>\n\u003cp>Briggs reminded the jury of their instructions, which say that if previous testimony regarding arson raises a reasonable doubt as to the defendants’ guilt, then they must find the defendants not guilty.\u003c/p>\n\u003cp>Briggs asked why no fire investigator, including staff from the Bureau of Alcohol, Firearms, Tobacco and Explosives, had asked about any suspicious people the night of the fire. He also asked why fire investigators hadn’t swabbed the scene after the fire for accelerants.\u003c/p>\n\u003cp>“Don’t you think you deserve that before you check the box ‘guilty?’ ” Briggs asked the jury.\u003c/p>\n\u003cp>“They were so sure they had the cause … electrical,” Briggs said. “They didn’t test anything else.”\u003c/p>\n\u003cp>Earlier in the trial, Bureau of Alcohol, Tobacco, Firearms and Explosives \u003ca href=\"https://www.kqed.org/news/11751300/ghost-ship-trial-defense-cross-examines-fire-investigator-in-attempt-to-show-arson-possibility\" target=\"_blank\" rel=\"noopener\">agent Barbara Maxwell testified\u003c/a> that 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 parked inside the warehouse and used as studios, and paint thinner belonging to artist tenants.\u003c/p>\n\u003cp>On Tuesday, Briggs also said at least seven witnesses testified they considered the Ghost Ship safe. But he did return to the \u003ca href=\"https://www.kqed.org/news/11745555/ghost-ship-trial-witness-testifies-about-explosive-spread-of-deadly-fire\" target=\"_blank\" rel=\"noopener\">testimony of Rodney Griffin\u003c/a>, a former friend of Almena’s who called the warehouse a “death trap.” Briggs argued those statements were made before Harris began living at the Ghost Ship.\u003c/p>\n\u003cp>“I wish someone would have told Max there was a problem, because he would have done something about it,” Briggs said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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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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"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": "Ghost Ship Trial: Oakland Mayor Libby Schaaf Will Not Testify, Judge Says",
"title": "Ghost Ship Trial: Oakland Mayor Libby Schaaf Will Not Testify, Judge Says",
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"content": "\u003cp>Alameda County Superior Court Judge Trina Thompson quashed a subpoena Thursday for Oakland Mayor Libby Schaaf to testify in the Ghost Ship criminal trial, finding the defense failed to show Schaaf had personal knowledge of conditions inside the Fruitvale district warehouse prior to the deadly fire of Dec. 2, 2016.\u003c/p>\n\u003cp>\"The designees who've been subpoenaed are the appropriate witnesses,\" Thompson said, referring to officials in Oakland's fire, police and building departments who are expected to testify.\u003c/p>\n\u003cp>[aside label=\"The Ghost Ship Trial\" tag=\"ghost-ship-trial\"]\u003c/p>\n\u003cp>Ghost Ship creative director Max Harris, 29, and master leaseholder Derick Almena, 48, who appeared in court wearing dark suits and with their hair in ponytails, have each been charged with 36 counts of involuntary manslaughter for their roles in the underground venue and residence where the fire erupted during an electronic music event.\u003c/p>\n\u003cp>Harris' attorney, Curtis Briggs, argued that Schaaf's knowledge of institutional deficiencies in Oakland's code enforcement systems made her a crucial witness, but the mayor's counsel countered that her statements and policy decisions weren't relevant to the defendants' guilt or innocence.\u003c/p>\n\u003cp>Briggs, as well as Almena's attorney, Tony Serra, have argued that their clients are being unfairly scapegoated in order to deflect accountability away from city officials and property owner Chor Ng. They blame the property owner and city agencies for overlooking unsafe conditions, and subpoenaing Schaaf was seen as part of a defense strategy to diffuse responsibility.\u003c/p>\n\u003cp>Harris and Almena are the only individuals to face criminal charges stemming from the fire.\u003c/p>\n\u003cp>\"Had the city inspected the property, these people wouldn't have died,\" Briggs said.\u003c/p>\n\u003cp>Thompson has prohibited the defense from using the terms \"cover-up\" and \"scapegoat\" during opening arguments.\u003c/p>\n\u003cp>\"I understand it's their intention to assign blame elsewhere,\" Schaaf's attorney, Jonathan Bass, said of the defense, adding that \"perhaps they're looking to berate [Schaaf] on the witness stand.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Bass and co-counsel Christopher Yin addressed several public statements made by Schaaf following the fire, saying they showed opinions and compassion but not personal knowledge relevant to the trial.\u003c/p>\n\u003cp>Briggs argued that Schaaf's comments showed she knew of a 2014 grand jury report criticizing the city for lax fire safety enforcement.\u003c/p>\n\u003cp>\"What's material is a mayor presiding over a city cited by a grand jury for a deficient fire inspection system,\" Briggs said. \"That's an extremely unique fact.\"\u003c/p>\n\u003cp>Briggs also accused Schaaf of attempting to influence the jury pool and prejudice the public against his client out of concern for the city's civil liability, saying she interfered with Harris' right to a fair trial. Dozens of plaintiffs have adopted a pending civil lawsuit naming individuals and entities, including the City of Oakland.\u003c/p>\n\u003cp>But the judge in the case, which is expected to begin with opening statements at the end of April, based her decision to quash on Schaaf's lack of a connection to the Ghost Ship itself. Without a \"direct nexus to the event,\" Thompson said, Schaaf is not an appropriate witness.\u003c/p>\n\u003cp>Thompson also issued a $50,000 warrant Thursday for defense witness Sharon Evans for failure to appear.\u003c/p>\n\u003cp>Jury selection for the trial continues next week, with a hearing scheduled Monday.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alameda County Superior Court Judge Trina Thompson quashed a subpoena Thursday for Oakland Mayor Libby Schaaf to testify in the Ghost Ship criminal trial, finding the defense failed to show Schaaf had personal knowledge of conditions inside the Fruitvale district warehouse prior to the deadly fire of Dec. 2, 2016.\u003c/p>\n\u003cp>\"The designees who've been subpoenaed are the appropriate witnesses,\" Thompson said, referring to officials in Oakland's fire, police and building departments who are expected to testify.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Ghost Ship creative director Max Harris, 29, and master leaseholder Derick Almena, 48, who appeared in court wearing dark suits and with their hair in ponytails, have each been charged with 36 counts of involuntary manslaughter for their roles in the underground venue and residence where the fire erupted during an electronic music event.\u003c/p>\n\u003cp>Harris' attorney, Curtis Briggs, argued that Schaaf's knowledge of institutional deficiencies in Oakland's code enforcement systems made her a crucial witness, but the mayor's counsel countered that her statements and policy decisions weren't relevant to the defendants' guilt or innocence.\u003c/p>\n\u003cp>Briggs, as well as Almena's attorney, Tony Serra, have argued that their clients are being unfairly scapegoated in order to deflect accountability away from city officials and property owner Chor Ng. They blame the property owner and city agencies for overlooking unsafe conditions, and subpoenaing Schaaf was seen as part of a defense strategy to diffuse responsibility.\u003c/p>\n\u003cp>Harris and Almena are the only individuals to face criminal charges stemming from the fire.\u003c/p>\n\u003cp>\"Had the city inspected the property, these people wouldn't have died,\" Briggs said.\u003c/p>\n\u003cp>Thompson has prohibited the defense from using the terms \"cover-up\" and \"scapegoat\" during opening arguments.\u003c/p>\n\u003cp>\"I understand it's their intention to assign blame elsewhere,\" Schaaf's attorney, Jonathan Bass, said of the defense, adding that \"perhaps they're looking to berate [Schaaf] on the witness stand.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Bass and co-counsel Christopher Yin addressed several public statements made by Schaaf following the fire, saying they showed opinions and compassion but not personal knowledge relevant to the trial.\u003c/p>\n\u003cp>Briggs argued that Schaaf's comments showed she knew of a 2014 grand jury report criticizing the city for lax fire safety enforcement.\u003c/p>\n\u003cp>\"What's material is a mayor presiding over a city cited by a grand jury for a deficient fire inspection system,\" Briggs said. \"That's an extremely unique fact.\"\u003c/p>\n\u003cp>Briggs also accused Schaaf of attempting to influence the jury pool and prejudice the public against his client out of concern for the city's civil liability, saying she interfered with Harris' right to a fair trial. Dozens of plaintiffs have adopted a pending civil lawsuit naming individuals and entities, including the City of Oakland.\u003c/p>\n\u003cp>But the judge in the case, which is expected to begin with opening statements at the end of April, based her decision to quash on Schaaf's lack of a connection to the Ghost Ship itself. Without a \"direct nexus to the event,\" Thompson said, Schaaf is not an appropriate witness.\u003c/p>\n\u003cp>Thompson also issued a $50,000 warrant Thursday for defense witness Sharon Evans for failure to appear.\u003c/p>\n\u003cp>Jury selection for the trial continues next week, with a hearing scheduled Monday.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"possible": {
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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},
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"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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"title": "Snap Judgment",
"tagline": "Real stories with killer beats",
"info": "The Snap Judgment radio show and podcast mixes real stories with killer beats to produce cinematic, dramatic radio. Snap's musical brand of storytelling dares listeners to see the world through the eyes of another. This is storytelling... with a BEAT!! Snap first aired on public radio stations nationwide in July 2010. Today, Snap Judgment airs on over 450 public radio stations and is brought to the airwaves by KQED & PRX.",
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},
"soldout": {
"id": "soldout",
"title": "SOLD OUT: Rethinking Housing in America",
"tagline": "A new future for housing",
"info": "Sold Out: Rethinking Housing in America",
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