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

[KaaBoom]

I was going to say its like causing a car crash that kills people but then blaming the police for not giving you a speeding ticket before you crashed.

That is an even better analogy

 

[Jinkasaurus]

That is an even better analogy

thanks

 

[Niner]

Ghost Ship warehouse fire jury trial may be moved to different county

A court hearing for defendants in the Ghost Ship warehouse fire case concluded with Alameda County Judge James Cramer ordering parties to reconvene Nov. 2 to hear a motion for a change of venue.
[.....]..... Tony Serra, Almena’s defense attorney, postulated that the trial could be held in San Jose, Redwood City or Martinez.
[.....]
Defense attorneys are preparing for trial, which is due to be held next year.

 

[Niner]

Oakland Ghost Ship defendants ask to get plea deal back

OAKLAND — 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.
[.....]
But defense attorney Tony Serra, who represents Almena, said the judge’s rejection should itself be rejected and his client feels “cheated.”

Tyler Smith, an attorney for Harris, said they are going to join Serra’s motion by filing a supporting declaration. Smith said Cramer gave his word he would honor the plea deal earlier agreed upon between the attorneys, prosecutors and Judge Morris Jacobson.
[.....]
Horowitz said because the defense attorneys didn’t object to the new judge before the sentencing hearing started, they could be out of luck.

“They are pretty much stuck. They didn’t object to the new judge, so they can’t do it later,” he said.
[.....]
Motions are set to be heard Nov. 2.

 

[Lilibet]

Quoting the article below:

During an exchange with a lawyer leading up to the rejection of the plea deal, Cramer appeared to say that he, too, had lost a child. To Almena’s defense attorneys — one of whom “nearly fell off his chair” after hearing the remark — the judge’s background amounted to an undisclosed conflict of interest, the Monday filing said.
****snip****
“Had Judge Cramer told defense counsel that he was undecided as to whether or not he would accept the plea agreement, or that he would wait and decide after victim impact statements, or that he was leaning towards rejection of it, defense counsel would not have accepted the substitute Judge Cramer,” the filing says.

The motion is expected to be argued in front of a third judge — not Cramer or Jacobson — when it’s heard in November.

Ghost Ship suspect demands that plea deal be reinstated

 

[Niner]

Friday, Sept. 7th:
*Disposition & Setting Hearing 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 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.
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.

 

[JerseyGirl]

Pre-trial hearings have been set for Oct. 12 and Nov. 2.

https://www.usnews.com/news/best-st...te-set-for-2-charged-in-warehouse-fire-deaths

 

[mom2four717]

SOS to Caris(sp)
Please contact me.

 

[Niner]

SOS to Caris(sp)
Please contact me.

I'll help you - you tag someone by doing this @CARIIS - put an "at" sign @ in front of their name. They should see this now.

 

[CARIIS]

I'll help you - you tag someone by doing this @CARIIS - put an "at" sign @ in front of their name. They should see this now.

oh my lord ha you all make life so complicated

now i am trying to figure this out!

ha

 

[CARIIS]

but where does the @ come up

obviously this tragedy bugged me the only way i found this was a new post and i am following this

so what would a @ do

ha

 

[Jax49]

It alerts the poster. For example @CARIIS should alert you but cariis wouldn't.

 

[CARIIS]

but i turned off all my alerts i just follow by history

so maybe that is why that did not happen

i pmed her him

i dont want any alerts !!

ha

I want an alert if my heart is failing !

 

[Niner]

*Pretrial 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 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.
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: Pretrial 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.

 

[MsMarple]

On Friday, lawyers for Derick Almena will argue in an Oakland court that a judge in August wrongly rejected an agreement reached with prosecutors to have Almena plead no contest to 36 counts of involuntary manslaughter in exchange for a nine-year sentence
....
Harris' lawyer Tyler White said his clients won't take part in Almena's attempt to enforce the plea deal Friday. White said his client reluctantly agreed to the plea deal and now that it's gone, he likes his chances at trial.

Oakland Warehouse Fire Defendant Argues for Plea Deal

 

[Niner]

@MsMarple - any news on what might have happened in court yesterday? I can't find any recent articles. I know there is a Motions hearing on 11/2 scheduled.

TIA!

 

[Jax49]

Hearing in Oakland Warehouse Fire That Killed 36 People Is Delayed by Judge’s Vacation

A judge’s vacation and miscommunication led to another delay Friday in the court case connected to an Oakland warehouse fire that killed 36 people two years ago.

The next court date is Oct. 26.

 

[Niner]

a bunch Jax49!

 

[not.a.muggle]

Poor Pete Wadsworth with his broken ankle couldn't get out. I don't know why but that really gets me.

I'm fairly new to WS and it occurred to me tonight to search for the Ghost Ship fire. Pete was a friend of mine from high school.

 

[Niner]

Friday, October 26th:
*Pretrial 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 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.
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.