GUILTY CA - Massive fire at Oakland warehouse party, 36 dead, 2 Dec 2016 #3

DNA Solves
DNA Solves
DNA Solves

New Posts

Status
Not open for further replies.
Never mind @JerseyGirl - found an article with a date!!

Oakland Ghost Ship defense calls out 'poorly handled' case

The defense teams for Harris and co-defendant Derick Almena, who both attended the court proceeding Monday, said they will make a motion next month to dismiss the case on grounds that the prosecution acted in bad faith by destroying evidence.
[.....]
He asked whether there was any other prosecution or investigation team in the nation that lost evidence or failed to test any materials for arson, and then let those materials be destroyed. Briggs said they’ll be arguing this during the Jan. 2 motion.
 
Niner said:
Never mind @JerseyGirl - found an article with a date!!

Oakland Ghost Ship defense calls out 'poorly handled' case

The defense teams for Harris and co-defendant Derick Almena, who both attended the court proceeding Monday, said they will make a motion next month to dismiss the case on grounds that the prosecution acted in bad faith by destroying evidence.
[.....]
He asked whether there was any other prosecution or investigation team in the nation that lost evidence or failed to test any materials for arson, and then let those materials be destroyed. Briggs said they’ll be arguing this during the Jan. 2 motion.
Click to expand...

BBM

It sounds like Serra will be following the Almena's very flimsy excuse of events that night after all.

Prepare yourselves for methed out insanity kids. Nothing like a narcicist digging in for dear life to try the patience.
 
Oakland Ghost Ship defendants ask for landlord's arrest


OAKLAND — The attorneys for the Ghost Ship defendants are asking the Alameda County District Attorney’s Office for an unusual move — to arrest the warehouse landlords and fire department officials for the deadly fire.

Attorneys for Derick Almena and Max Harris announced the motion to compel the arrests on Tuesday, asking for a laundry list of arrests that includes the Ghost Ship warehouse landlord Chor Ng and her two children, Eva and Kai, who served as building managers. Almena and Harris are awaiting trial on 36 counts of involuntary manslaughter each for the deaths of the people who perished in the Ghost Ship warehouse fire on Dec. 2, 2016.
 
So much for Nakahara....

New judge to oversee Oakland Ghost Ship trial - fifth assigned to case


A new judge has been assigned to the Ghost Ship trial next year in Oakland, defense attorneys said Wednesday.

Alameda County Superior Court Judge Trina Thompson is now expected to oversee the case against defendants Derick Almena and Max Harris, becoming the fifth judge to be assigned to the proceedings.
[.....]
Tony Serra, an attorney representing Almena, said the defense was “thrilled” to have Thompson take over as judge in the case.

“She is fair and impartial, and we are delighted to have her,” Serra said.
[.....]
Retired Judge Vernon Nakahara had been expected to return to the bench for the remainder of the Ghost Ship case, including a trial scheduled to begin in April. Logistical changes and several recent judicial appointments that increased the court’s capacity led to Thompson being assigned, Serra said.
[.....]
The first hearings in the case that Thompson will oversee are expected to be a pair of defense motions. One alleges destruction of evidence, and the other calls for a citizens’ arrests of members of the Chor family, who were landlords of the property, as well as city and county employees who went to the premises prior to the fire but failed to fix hazards inside the warehouse.
 
New judge to oversee Oakland Ghost Ship trial - fifth assigned to case

Alameda County Superior Court Judge Trina Thompson is now expected to oversee the case against defendants Derick Almena and Max Harris, becoming the fifth judge to be assigned to the proceedings.

The first hearings in the case that Thompson will oversee are expected to be a pair of defense motions. One alleges destruction of evidence, and the other calls for a citizens’ arrests of members of the Chor family, who were landlords of the property, as well as city and county employees who went to the premises prior to the fire but failed to fix hazards inside the warehouse.
 
Interesting and very long article on Max Harris in the NYT Magazine:
He Helped Build an Artists’ Utopia. Now He Faces Trial for 36 Deaths There.
I think the author intended to portray the softer (good) side of Harris but IMO she inadvertently made him out to be a little creepy. I couldn't help but think of Norman Bates (from the movie Psycho), speaking as his mother:

Let them see what kind of a person I am. I'm not even going to swat that fly. I hope they are watching. They'll see. They'll see and they'll know, and they'll say, "Why, she wouldn't even harm a fly."

It's worth reading though because it includes some insight into Almena, Satya Yuga and the evolution of the Ghost Ship.
 
Wednesday, Jan. 2nd:
*Motions Hearings for both (@ 9:15am PT) - CA - Ghost Ship Warehouse Fire in Oakland on Dec. 2, 2016 killing 36 people - *Derick Ion Almena (47), and *Max Cardin Harris (27), charged with 36 felony counts of involuntary manslaughter; both plead not guilty. They remain in custody at the Santa Rita Jail in Dublin on $750,000 bond and face up to 39 years in prison each if convicted.
Almena will testify in his own defense per his attorneys. Maybe a plea deal in the works. Trial was to start July 16th. Trial will now start April 2, 2019.
6/30/18 Update: Plea deal in the works – Judge Morris Jacobson ordered everyone to return to court to conclude any pretrial; returning on July 3rd. Both defendants had tentatively agreed to an 8-year prison sentence.
7/1/18 Update: a plea agreement was reached in the matter of People v. Max Harris and Derick Almena. Both Defendant’s will enter pleas of “no contest” and be found guilty of 36 counts of involuntary manslaughter. Defendant Max Harris will receive a term of six (6) years in the local prison, while Defendant Derick Almena will receive a term of nine (9) years in local prison. At the hearing on Tuesday, July 3, another date will be set 1-2 months out for the sentencing of both Defendants.
7/3/18 Update: Two men pleaded no contest Tuesday to involuntary manslaughter charges in the Oakland Ghost Ship fire case, averting what would have been a protracted, high-profile jury trial in favor of a deal with prosecutors. The no-contest pleas resulted in convictions on all 36 counts. Almena, 48, will receive a 9-year sentence in county jail and three years of mandatory supervised release under the deal. Harris, 28, agreed to a 6-year sentence and four years of mandatory supervision. With good behavior, they can each serve half their jail terms. The defendants will be formally sentenced during a two-day hearing on Aug. 9 and 10. With time served, Almena could be released in 3½ years and Harris in less than two years.
8/9/18 Update: Their plea agreement calls for Almena to serve 9 years in jail and Harris to serve 6 years. But their attorneys say that because of the credits the two men have already accumulated since being arrested in June 2017 they expect Almena to be released in three and a half years and Harris to be released in about 22 months. Judge James Cramer is substituting at the unusually lengthy sentencing hearing, which is expected to conclude on Friday. When the hearing resumes on Friday morning Serra and Briggs will make statements on behalf of their clients and Almena and Harris are also expected to speak.
8/10/18 Update: Judge James Cramer on Friday rejected the plea deals of two men who were charged with 36 counts of involuntary manslaughter after a 2016 California warehouse fire. In handing down his decision, Judge Cramer said 48-year-old Derick Almena didn't accept "full responsibility and remorse" for the fatal blaze which occurred during an unlicensed concert at the dilapidated Oakland warehouse known as the "Ghost Ship." Ruling also dissolves the plea agreement the district attorney’s office made with co-defendant Max Harris, 28, because the deals were done as a package. The move paves the way for a jury trial for Almena and Harris, unless a new deal can be reached. No further dates available.
8/12/18 Update: The Judge ordered the parties in the case to return to court next Friday (8/17), at which time another possible plea agreement could be discussed or a trial date could be set. There is a possibility that Harris, who he admitted played a lesser role in the fire, could negotiate a plea agreement on his own and Almena would then stand trial by himself.
8/17/18 Update: Next Disposition & Setting hearing for both on 9/7.
8/20/18 Update: Motion for change of venue will be heard on 11/2.
8/28/18 Update: An attorney for one of the Ghost Ship warehouse fire defendants said Monday he will file a motion asking the judge who tossed out a plea deal in the case last month to honor that agreement as promised. Motions are set to be heard 11/2.
9/7/18 Update: Pre-trial hearings have been set for Oct. 12 and Nov. 2. Judge has set an April 2 start date of trial. The judge's firm trial date could crumble if he grants a motion to reinstate the plea agreement or if he decides the case should be moved to another county to ensure an unbiased jury.
10/12/18 Update: Miscommunication – Judge is on vacation, next court date set for 10/26.
10/26/18 Update: Both defense teams for the Ghost Ship warehouse fire defendants have indicated they will not file motions for a change of venue, saying they think they can get a fair trial locally in Alameda County. At Monday’s hearing, a judge was supposed to be assigned for the trial, which is expected in April 2019. Instead, the hearing was continued to Nov. 9. A trial date won’t be scheduled until Nov. 9 when a judge decides on Almena’s demand that the scuttled plea deal be honored. Almena’s attorney Tony Serra argues that Judge James Cramer exceeded his authority when he rejected a plea deal brokered by another judge that called for Almena to serve a 9-year sentence.
11/9/18 Update: Judge denies motion to reinstate plea deal. Next hearing on 12/3 to select a trial judge.
12/3/18 Update: A retired Judge Vernon Nakahara has been assigned to the case. Next motions hearing on 1/2/19.
12/20/18: Alameda County Superior Court Judge Trina Thompson is now expected to oversee the case, becoming the fifth judge to be assigned to the proceedings.
 
I guess I should shorten that up a bit....
 
Friday, January 18th:
*Motions Hearings for both (@ 9:15am PT) - CA - Ghost Ship Warehouse Fire in Oakland on Dec. 2, 2016 killing 36 people - *Derick Ion Almena (47), and *Max Cardin Harris (27), charged with 36 felony counts of involuntary manslaughter; both plead not guilty. They remain in custody at the Santa Rita Jail in Dublin on $750,000 bond and face up to 39 years in prison each if convicted.
Almena will testify in his own defense per his attorneys. Maybe a plea deal in the works. Trial was to start July 16th. Trial will now start April 2, 2019.
Skipping over some stuff - a bit on the long side. :) Here's the most recent update:
1/2/19 Update: Defense files motion calling for the citizens’ arrest & prosecution of 14 people not charged in the deadly fire, calling the defense’s demands “unprecedented.” The pair’s defense attorneys have argued that authorities charged the wrong people. They’ve attempted to redirect the blame to the warehouse’s landlords and Oakland officials, who they said knew about the building’s potential danger but did nothing to prevent the tragedy. Motions hearing set for 1/18/19.
 
Here's what will be discussed today:

Prosecution Seeks Gag Order in Ghost Ship Fire Case

Alameda County prosecutors are seeking an order that would ban the Ghost Ship warehouse fire defendants and their attorneys from talking to the news media about the high-profile case.

The District Attorney's proposed gag order, which technically is called a "protective order," will be debated at a hearing on Friday morning in front of Alameda County Superior Court Judge Trina Thompson, who recently was assigned to preside over the trial of Ghost Ship master tenant Derick Almena and creative director Max Harris.
[.....]
At the hearing on Friday, Thompson also is expected to hear arguments on a defense motion asking that the building's owners and Oakland firefighters and police officers be arrested and prosecuted along with Almena and Harris.

A third motion that may be discussed is a defense request to dismiss the charges against Almena and Harris on the grounds that potentially exonerating evidence was destroyed, lost or altered under the watch of the Alameda County District Attorney's Office.
 
Niner said:
Here's what will be discussed today:

Prosecution Seeks Gag Order in Ghost Ship Fire Case

Alameda County prosecutors are seeking an order that would ban the Ghost Ship warehouse fire defendants and their attorneys from talking to the news media about the high-profile case.

The District Attorney's proposed gag order, which technically is called a "protective order," will be debated at a hearing on Friday morning in front of Alameda County Superior Court Judge Trina Thompson, who recently was assigned to preside over the trial of Ghost Ship master tenant Derick Almena and creative director Max Harris.
[.....]
At the hearing on Friday, Thompson also is expected to hear arguments on a defense motion asking that the building's owners and Oakland firefighters and police officers be arrested and prosecuted along with Almena and Harris.

A third motion that may be discussed is a defense request to dismiss the charges against Almena and Harris on the grounds that potentially exonerating evidence was destroyed, lost or altered under the watch of the Alameda County District Attorney's Office.
Click to expand...

What took them so long? Almena himself ought've been gagged the moment he was taken into custody, the only thing that the public is not going to hear ad nauseum is his story scapegoating of phantom arsonists.

Surely he'll find a way to get around this being as he thrives for attention.
 
Oakland Ghost Ship trial: Gag order issued

Also heard were arguments for a “trombetta” motion, which alleges that the prosecution mishandled evidence in the case, with the ultimate goal of getting it dismissed. Both defense teams allege that evidence such as burned debris was lost or destroyed intentionally. Since a cause of the fire was never determined, the defense argued that some of that material could have at least been tested for fire accelerant.
[.....]
Judge Thompson agreed to have an evidentiary hearing, in which the defense will present evidence to support their motion. Since the defense filed the motion, the burden of proof is on them. The hearing will be held on Feb. 22
[.....]
On Feb. 11, another motion to compel a citizen’s arrest of 14 other people filed by the defense, is also expected to be heard.

Judge Thompson indicated that after February, there will be no more motions heard until the start of the trial on April 2.
 
Monday, February 11th:
*Motions Hearings for both (@ am PT) - CA - Ghost Ship Warehouse Fire in Oakland on Dec. 2, 2016 killing 36 people - *Derick Ion Almena (47), and *Max Cardin Harris (27), charged with 36 felony counts of involuntary manslaughter; both plead not guilty. They remain in custody at the Santa Rita Jail in Dublin on $750,000 bond and face up to 39 years in prison each if convicted.
Almena will testify in his own defense per his attorneys. Maybe a plea deal in the works. Trial was to start July 16th. Trial will now start April 2, 2019.
8/10/18 Update: Judge James Cramer on Friday rejected the plea deals of two men who were charged with 36 counts of involuntary manslaughter after a 2016 California warehouse fire. In handing down his decision, Judge Cramer said 48-year-old Derick Almena didn't accept "full responsibility and remorse" for the fatal blaze which occurred during an unlicensed concert at the dilapidated Oakland warehouse known as the "Ghost Ship." Ruling also dissolves the plea agreement the district attorney’s office made with co-defendant Max Harris, 28, because the deals were done as a package. The move paves the way for a jury trial for Almena and Harris, unless a new deal can be reached. No further dates available.
8/12/18 Update: The Judge ordered the parties in the case to return to court next Friday (8/17/18), at which time another possible plea agreement could be discussed or a trial date could be set. There is a possibility that Harris, who he admitted played a lesser role in the fire, could negotiate a plea agreement on his own and Almena would then stand trial by himself. 8/28/18: Defense files motion asking Judge who tossed out a plea deal to honor that agreement. Motions hearing on 11/2/18. 11/9/18: Judge denies motion to reinstate plea deal9/7/18: Judge has set April 2 start date of trial.
10/26/18 Update: Both defense teams indicated they will not file motions for a change of venue, saying they think they can get a fair trial locally in Alameda County. At Monday’s hearing, a judge was supposed to be assigned for the trial, which is expected in April 2019. Instead, the hearing was continued to Nov. 9. A trial date won’t be scheduled until Nov. 9 when a judge decides on Almena’s demand that the scuttled plea deal be honored. Almena’s attorney Tony Serra argues that Judge James Cramer exceeded his authority when he rejected a plea deal brokered by another judge that called for Almena to serve a 9-year sentence.
11/9/18 Update: Next hearing on 12/3 to select a trial judge. 12/20/18: Alameda County Superior Court Judge Trina Thompson is now expected to oversee the case, becoming the fifth judge to be assigned to the proceedings.
1/2/19 Update: Defense files motion calling for the citizens’ arrest & prosecution of 14 people not charged in the deadly fire, calling the defense’s demands “unprecedented.” The pair’s defense attorneys have argued that authorities charged the wrong people. They’ve attempted to redirect the blame to the warehouse’s landlords and Oakland officials, who they said knew about the building’s potential danger but did nothing to prevent the tragedy. Motions hearing set for 1/18/19.
1/18/19 Update: DA asks for gag order on case. Judge grants gag order. Arguments for a “trombetta” motion, which alleges that the prosecution mishandled evidence in the case, with the ultimate goal of getting it dismissed. Both defense teams allege that evidence such as burned debris was lost or destroyed intentionally. Since a cause of the fire was never determined, the defense argued that some of that material could have at least been tested for fire accelerant. Judge Thompson agreed to have an evidentiary hearing, in which the defense will present evidence to support their motion. Since the defense filed the motion, the burden of proof is on them. The hearing will be held on Feb. 22. On Feb. 11, another motion to compel a citizen’s arrest of 14 other people filed by the defense, is also expected to be heard. Judge Thompson indicated that after February, there will be no more motions heard until the start of the trial on April 2.
 
Niner said:
I can't access this article:

Judge denies motion to arrest 14 more people in Ghost Ship fire case

can some give a 10% synopsis on this - and if they are more motions denied.....

TIA! :)
Click to expand...

The motion itself alleged probable cause to arrest the list of 14 people, who in the months and years leading up to the deadly fire had all been inside the warehouse itself either as inspectors or partygoers, and knew of the dangers inside. The list includes a building inspector, a Child Protective Services agent, fire department members and Oakland police officers who responded to calls at the warehouse, named the Ghost Ship.
Click to expand...

Almena’s defense attorney, Tony Serra, pointed the finger at politics and a public relations firm for the lack of arrest of others besides his client.

Serra referred to the alleged $90,000 hiring of Sam Singer, a well-known crisis manager who has a public relations firm based in San Francisco. Serra maintained Singer was hired to influence prosecutors so that the Ng family, fire department, inspectors and others would not be charged. Serra said it was “obvious” that the landlords should be charged.
Click to expand...


No other motions mentioned.
 
There is an evidentiary hearing on 2/22 though.
 
Status
Not open for further replies.

DNASolves

Who is Fairfield County Jane Doe (1993)?

Members online

... and 192 more.
Total: 539 (members: 193, guests: 346)

Online statistics

Members online
193
Guests online
346
Total visitors
539
Totals may include hidden visitors.

Forum statistics

Threads
608,574
Messages
18,241,783
Members
234,402
Latest member
CRIM1959
Back
Top