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

[MsFacetious]

You have got to be kidding me! UGH!

 

[katydid23]

KTVU's Ghost Ship trial courtroom blog


Aug. 19, 3 p.m.

BREAKING: 3 alternates, two men and a woman, have been seated on the jury to replace 3 women on the panel. The judge alluded to inappropriate contact with the news media. The new jury consists of seven women and five men.

(EARLIER: We are waiting for some kind of announcement to be made in court at about 2 p.m. The courtroom has been in closed session, but at about 2:30 p.m. the entire prosecution team left, presumably for a private powwow. They returned to court about 15 minutes later.)

This morning, attorneys met with Judge Trina Thompson in closed session to discuss a note sent by the jury. Afterwards, they declined to comment. Even Tony Serra, the normally voluble defense attorney for Derick Almena, passed by the TV microphones without a word.


So.... I guess the jury will now have to start all over again with deliberations....

oh wow. What a drag.

I have been checking in, awaiting a verdict. I cannot believe they replaced THREE jurors. This is just one inch away from a mistrial. It could go sideways very fast.

 

[katydid23]

You have got to be kidding me! UGH!

Replacing three jurors, this late in the deliberations? Isn't this a major appeals issue down the road?

 

[Jax49]

Replacing three jurors, this late in the deliberations? Isn't this a major appeals issue down the road?

Probably. They are supposed to start over but...

 

[borndem]

Probably. They are supposed to start over but...

Weren't these 3 jurors already on the jury as alternates?
Or how does this work in California?

 

[Niner]

Yup - they start all over as alternates do not sit in with deliberations.... maybe that should be changed?!

And we wait for justice....

 

[borndem]

Oops, I misunderstood -- I thought they were still presenting evidence, and not in jury deliberations. I'm running behind in this trial.
Yep, that's the only thing that they can do.
I've never seen this happen during jury deliberations -- and IMO it's gonna be tuff for the "original 9" to erase all those discussions and to remember not to mention any of it, too. But it's got to be done. It's better than a mistrial, that's for sure!
I'll bet Almena is trying not to smile too big -- he's probably thinking grounds for appeal already. But it looks like the judge has done what a judge must do. And what a shock for the 3 "new" jurors, too. Gotta be weird.

 

[Jax49]

Is that the way it works in CA? Do they put the alternates in a closet while the case is being tried? Surely, that can't be right -- what good are the alternates if they haven't been in the courtroom as have the selected 12 original jurors?
If they have run out of alternates such that the Court can't convene the 12 jurors (if the statutes require a 12-juror verdict in that state), that's different. Certainly if the state statutes require 12 jurors for a verdict, and the Court has run out of alternates, then the Court must declare a mistrial.

Haven't the alternates been in the courtroom hearing testimony and seeing evidence along with the original 12 jurors?
I would think that the jury would resume testimony, etc., from where they left off and go from there with the alternates -- not restart everything from scratch. That's why the Court has alternate jurors, the way I understand it.

Alternates attend the trial, but they are not allowed to be with the jury during deliberations. That part has to start over.

ETA:

The alternate jurors shall be seated so as to have equal power and facilities for seeing and hearing the proceedings in the case, and shall take the same oath as the jurors already selected, and shall, unless excused by the court, attend at all times upon the trial of the cause in company with the other jurors, but shall not participate in deliberation unless ordered by the court...

California Code, Penal Code - PEN CA PENAL § 1089 | FindLaw

 

[Jax49]

Interesting article detailing experiences of some California alternate jurors.

A juror spent months hearing about a serial killer's grisly acts. Not being part of the verdict left a void.

Despite the tediousness, Hurley said alternates occasionally play a big role at trial. When an alternate is subbed in after closing arguments, deliberations must restart, which can change the dynamic of the discussion, Hurley said.

 

[borndem]

Alternates attend the trial, but they are not allowed to be with the jury during deliberations. That part has to start over.

ETA:

California Code, Penal Code - PEN CA PENAL § 1089 | FindLaw

Yes, I totally misunderstood the situation -- I thought they were still presenting evidence and not in deliberations.

 

[MsMarple]

Nico Bouchard... the man Almena conned into signing the warehouse lease because he had good credit. The same man who regretted signing shortly after due to Almena's cavalier attitude regarding safety.

Bouchard said Almena’s casual attitude toward safety is what sullied their relationship, and made him regret becoming a co-signer on the lease for the warehouse at International Boulevard and 31st Avenue.
...
Bouchard said he lived in a recreational vehicle at Ghost Ship for about two weeks after signing the lease in 2013. He left, according to his testimony, following a meeting of the collective about safety upgrades around the time Almena began to “heavily use speed.”

“Derick showed up two hours late” to the meeting, Bouchard testified. “When it came to the subject matter ... he laughed.”

Witness: Ghost Ship master tenant laughed off proposal to make building safe

Ryan O'Keefe, who was working the door that night and who disputed the ridiculous "Molotov cocktail" theory pushed by the defense.

During the trial Tuesday, O’Keefe testified that from his vantage point at the front of the building, he was one of the first people to see the fire starting at the back of it – where investigators believe the fire started – and to alert guests.

He said he could “see a clear pathway” to the back of the warehouse, and he did not see anyone throwing Molotov cocktails.

Ghost Ship Witness Rejects Defense's Arson Claims

Carmen Brito, who said she felt safe in the Ghost ship and that it was the most beautiful place she'd ever seen.
Update: Dramatic 911 Tapes Played In Ghost Ship Fire Trial

Brito also told People Magazine she lived there because she could afford it.

Brito said that although they knew the warehouse was not cleared for residential living, it was the only place many artists could afford to live in the Bay Area.

“At some point when you need somewhere to sleep at night, it doesn’t matter whether you have a piece of paper telling you that’s okay or not,” she said.

Survivors of Oakland Warehouse Fire Describe 15-Foot Flames and Watching Their Home Burn

I sure hope we don't see a mistrial. I'm assuming there will be an appeal but a mistrial could resurrect a plea deal and IMO neither Almena nor Harris deserve such a break.

 

[Jax49]

Dismissed Ghost Ship jurors could be held in contempt of court – The Mercury News

At least two of the three jurors booted from the Ghost Ship warehouse trial also could be held in contempt of the court, the judge said in court on Tuesday.

Judge Thompson referred to the juror misconduct and the possibility that the dismissed jurors could be held “in contempt, in violation of a court order.” There were at least two offending jurors that violated such an order, potentially over unauthorized communication. The third juror may have known about the misconduct, but did not immediately report it, according to the hearing. The judge said she issued a court order for that third juror to provide copies of any communication that was received within five days.

 

[Niner]

Wednesday, August 21nd?
*Trial continues (Day 48)-Verdict Watch! (@ 9:30am PT) - CA - Ghost Ship Warehouse Fire in Oakland on Dec. 2, 2016 killing 36 people: Cash Askew, age 22, Em B (Em Bohlka), 33, Jonathan Bernbaum, 34, Barrett Clark, 35, David Cline, 24, Micah Danemayer, 28, Billy Dixon, 35, Chelsea Dolan, 33, Alex Ghassan, 35, Nick Gomez-Hall, 25, Michela Gregory, 20, Sara Hoda, 30, Travis Hough, 35, Johnny Igaz, 34, Ara Jo, 29, Donna Kellogg, 32, Amanda Kershaw, 34, Edmond Lapine, 34, Griffin Madden, 23, Joseph Matlock, 36, Jason McCarty, 36, Draven McGill, 17, Jennifer Mendiola, 35, Jennifer Morris, 21, Feral Pines, 29, Vanessa Plotkin, 21, Wolfgang Renner, 61, Hanna Ruax, 32, Benjamin Runnels, 32, Nicole Siegrist, 29, Michele Sylvan, 37, Jennifer Kiyomi Tanouye, 31, Alex Vega, 22, Peter Wadsworth, 38, Nick Walrath, 31, and Brandon Chase Wittenauer, 32. - *Derick Ion Almena (47), and *Max Cardin Harris (27), charged (8/10/17) 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 (was $1.8M) and face up to 39 years in prison each if convicted.
Trial started April 30, 2019 with opening statements & continued on May 1 with testimony which began on May 6. Trial is expected to take 12 to 18 weeks. Trial ended on 7/16/19. Jurors: 7 women/5 men (4 alternates; 5/1: One alternate juror removed due to work hardship. 5/9: one alternate juror removed as “veracity” issues). 8/19/19: 3 women on jury replaced by 2 men & 1 women alternates for contact with media. Court dark on Fridays.
Court hearings, Jury selection & Trial Days (1 thru 37) from 8/10/18 thru 7/31/19 & Jury Deliberations (Day 1 thru 8) from 7/31/19 thru 8/14/19 reference post #857 here:
VERDICT WATCH - CA - Massive fire at Oakland warehouse party, 36 dead, 2 Dec 2016 #3
8/15/19 Day 45/Day 9-Deliberations: The panel asked for read-back of testimony from Carmen Brito, a schoolteacher and Ghost Ship tenant who escaped from the fire. Specifically, jurors asked for what she said on cross-examination by Derick Almena's attorney Tony Serra with respect to group meetings at the warehouse. The jury has gone home for the weekend. They won't return until Monday 8/19, to resume deliberations, as they don't meet on Fridays.
8/19/19 Day 46/Day 10-Deliberations: In the morning, attorneys met with Judge Trina Thompson in a closed session to discuss a note sent by the jurors. BREAKING: 3 alternates, 2 men & a woman, have been seated on the jury to replace 3 women on the panel. The judge alluded to inappropriate contact with the news media. The new jury consists of 7 women & 5 men. And deliberations begin anew. Continue to 8/20.
8/20/19 Day 47/Day 1-Deliberations: The jury was told to restart deliberations in the case, disregard all past discussions and remember they cannot talk to others about the case or seek outside information about it. Judge Thompson also imposed a gag order preventing attorneys from discussing the case with reporters. During a session in open-court outside the presence of the jury, Judge Thompson said at least two of the three women she booted from the panel yesterday could potentially face contempt proceedings because of juror misconduct, specifically having unauthorized contact with media or news reports and reviewing outside material. The judge described two of them as "offending jurors" and the third as a "non-offending juror," although Brian Getz, an attorney for Almena, made clear they believed all three should be considered "offending jurors."
The new jury deliberated for their first full day without reaching a verdict. They will return for more talks Wednesday, 8/21 - and then they will not return until Tuesday, Sept. 3 because of a previously scheduled break approved by Judge Trina Thompson.


I will shorten this up a bit.

 

[Niner]

Update for:
Wednesday, August 21st:
*Trial continues (Day 48)-Verdict Watch! (@ 9:30am PT) - CA - Ghost Ship Warehouse Fire in Oakland on Dec. 2, 2016 killing 36 people: Cash Askew, age 22, Em B (Em Bohlka), 33, Jonathan Bernbaum, 34, Barrett Clark, 35, David Cline, 24, Micah Danemayer, 28, Billy Dixon, 35, Chelsea Dolan, 33, Alex Ghassan, 35, Nick Gomez-Hall, 25, Michela Gregory, 20, Sara Hoda, 30, Travis Hough, 35, Johnny Igaz, 34, Ara Jo, 29, Donna Kellogg, 32, Amanda Kershaw, 34, Edmond Lapine, 34, Griffin Madden, 23, Joseph Matlock, 36, Jason McCarty, 36, Draven McGill, 17, Jennifer Mendiola, 35, Jennifer Morris, 21, Feral Pines, 29, Vanessa Plotkin, 21, Wolfgang Renner, 61, Hanna Ruax, 32, Benjamin Runnels, 32, Nicole Siegrist, 29, Michele Sylvan, 37, Jennifer Kiyomi Tanouye, 31, Alex Vega, 22, Peter Wadsworth, 38, Nick Walrath, 31, and Brandon Chase Wittenauer, 32. - *Derick Ion Almena (47), and *Max Cardin Harris (27), charged (8/10/17) 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 (was $1.8M) and face up to 39 years in prison each if convicted.
Trial started April 30, 2019 with opening statements & continued on May 1 with testimony which began on May 6. Trial is expected to take 12 to 18 weeks. Trial ended on 7/16/19. Jurors: 7 women/5 men (4 alternates; 5/1: One alternate juror removed due to work hardship. 5/9: one alternate juror removed as “veracity” issues). 8/19/19: 3 women on jury replaced by 2 men & 1 women alternates for contact with media. Court dark on Fridays.
Court hearings, Jury selection & Trial Days (1 thru 37) from 8/10/18 thru 7/31/19 & Jury Deliberations (Day 1 thru 10) from 7/31/19 thru 8/19/19 reference post #873 here:
VERDICT WATCH - CA - Massive fire at Oakland warehouse party, 36 dead, 2 Dec 2016 #3
8/20/19 Day 47/Day 1-Deliberations: The jury was told to restart deliberations in the case, disregard all past discussions and remember they cannot talk to others about the case or seek outside information about it. Judge Thompson also imposed a gag order preventing attorneys from discussing the case with reporters. During a session in open-court outside the presence of the jury, Judge Thompson said at least two of the three women she booted from the panel yesterday could potentially face contempt proceedings because of juror misconduct, specifically having unauthorized contact with media or news reports and reviewing outside material. The judge described two of them as "offending jurors" and the third as a "non-offending juror," although Brian Getz, an attorney for Almena, made clear they believed all three should be considered "offending jurors."
The new jury deliberated for their first full day without reaching a verdict. They will return for more talks Wednesday, 8/21 - and then they will not return until Tuesday, Sept. 3 because of a previously scheduled break approved by Judge Trina Thompson.
8/21/19 Day 48/Day 2-Deliberations: The minutes of closed hearings that Thompson held on Monday to discuss the alleged juror misconduct indicate that the alleged misconduct prompted attorneys for Almena & Harris to make oral motions asking her to declare a mistrial in the case but she denied their motions. Thompson said at the end of the day on Tuesday that she will hold a hearing on a defense motion Wednesday morning, 8/21. Jury deliberations probably will extend past Labor Day or even later because Thompson previously scheduled days off for jurors beginning on Thursday until Sept. 3, the day after Labor Day, so that jurors have time to transport their children to college. Thompson, who noted that her original estimate was that the trial would last until the end of October, said she also is dealing with jurors' requests for additional days off, including a request by one juror for a lengthy break between Sept. 9 and Oct. 6. No verdict reached on second day of “new” jurors. Jury will be back on Tuesday, 9/3.

 

[borndem]

Thanks, Niner, for this and all your other daily reports! Very helpful on a daily basis and a great running daily record for those who want to catch up or for those in the future who want to review or those who were not following the trial at the time. A big THANKS!!

 

[Niner]

Thanks, Niner, for this and all your other daily reports! Very helpful on a daily basis and a great running daily record for those who want to catch up or for those in the future who want to review or those who were not following the trial at the time. A big THANKS!!

 

[Niner]

Here's an article I meant to post yesterday....

Update: No Verdict In First Day For New Ghost Ship Jury Panel

OAKLAND (BCN)

The newly reconstituted jury in the trial of Ghost Ship warehouse master tenant Derick Almena and creative director Max Harris for the fire at the Oakland building in 2016 that killed 36 people completed its first day of deliberations on Tuesday without reaching a verdict.
[.....]
Thompson hasn't disclosed the nature of the alleged misconduct but in her comments to attorneys in hearings outside the presence of jurors she has indicated that it may be for violating her admonishment to jurors not to read materials outside the scope of the evidence in the trial and not to discuss the case outside the deliberating room, even with other jurors.

Thompson said at a hearing on Tuesday morning that two of the three jurors she dismissed will face contempt of court hearings for allegedly violating the rules she ordered them to obey.
[.....]
he minutes of closed hearings that Thompson held on Monday to discuss the alleged juror misconduct indicate that the alleged misconduct prompted attorneys for Almena and Harris to make oral motions asking her to declare a mistrial in the case but she denied their motions.

Thompson said at the end of the day on Tuesday that she will hold a hearing on a defense motion Wednesday morning.

The nature of the motion wasn't disclosed but comments in court indicate it likely is a request that Thompson end or at least modify a gag order she issued on Monday barring the attorneys in the case from talking to news outlets.
[.....]
Jury deliberations probably will extend past Labor Day or even later because Thompson previously scheduled days off for jurors beginning on Thursday until Sept. 3, the day after Labor Day, so that jurors have time to transport their children to college.

Thompson, who noted that her original estimate was that the trial would last until the end of October, said she also is dealing with jurors' requests for additional days off, including a request by one juror for a lengthy break between Sept. 9 and Oct. 6.

 

[Niner]

and another that just came thru.

Judge Loosens Gag Order as Ghost Ship Deliberations Continue

OAKLAND, Calif. (CN) – The judge overseeing the criminal trial of Derick Almena and Max Harris, two men each facing 39 years in prison for the deadly 2016 fire at the Ghost Ship warehouse artist collective in Oakland, California, modified a gag order prohibiting defense attorneys from speaking to the press but kept in place a ban on disclosing anything about the dismissal of three jurors Monday for misconduct.

Alameda County Superior Court Judge Trina Thompson said anything said in closed session Monday is off limits, barring the attorneys from even disclosing what topics were discussed.
[.....]
Closed-door discussions with Thompson, prosecutors and the defense teams occupied much of Monday, and the newly empaneled jury began deliberations afresh that afternoon. The original jury got the case on July 31, and had deliberated for 10 days.

 

[Niner]

Tuesday, Sept. 3rd:
*Trial continues (Day 49)-Verdict Watch! (@ 9:30am PT) - CA - Ghost Ship Warehouse Fire in Oakland on Dec. 2, 2016 killing 36 people: Cash Askew, age 22, Em B (Em Bohlka), 33, Jonathan Bernbaum, 34, Barrett Clark, 35, David Cline, 24, Micah Danemayer, 28, Billy Dixon, 35, Chelsea Dolan, 33, Alex Ghassan, 35, Nick Gomez-Hall, 25, Michela Gregory, 20, Sara Hoda, 30, Travis Hough, 35, Johnny Igaz, 34, Ara Jo, 29, Donna Kellogg, 32, Amanda Kershaw, 34, Edmond Lapine, 34, Griffin Madden, 23, Joseph Matlock, 36, Jason McCarty, 36, Draven McGill, 17, Jennifer Mendiola, 35, Jennifer Morris, 21, Feral Pines, 29, Vanessa Plotkin, 21, Wolfgang Renner, 61, Hanna Ruax, 32, Benjamin Runnels, 32, Nicole Siegrist, 29, Michele Sylvan, 37, Jennifer Kiyomi Tanouye, 31, Alex Vega, 22, Peter Wadsworth, 38, Nick Walrath, 31, and Brandon Chase Wittenauer, 32. - *Derick Ion Almena (47), and *Max Cardin Harris (27), charged (8/10/17) 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 (was $1.8M) and face up to 39 years in prison each if convicted.
Trial started April 30, 2019 with opening statements & continued on May 1 with testimony which began on May 6. Trial is expected to take 12 to 18 weeks. Trial ended on 7/16/19. Jurors: 7 women/5 men (4 alternates; 5/1: One alternate juror removed due to work hardship. 5/9: one alternate juror removed as “veracity” issues). 8/19/19: 3 women on jury replaced by 2 men & 1 women alternates for contact with media. Court dark on Fridays.
Court hearings, Jury selection & Trial Days (1 thru 37) from 8/10/18 thru 7/31/19 & Jury Deliberations (Day 1 thru 10) from 7/31/19 thru 8/19/19 reference post #873 here:
VERDICT WATCH - CA - Massive fire at Oakland warehouse party, 36 dead, 2 Dec 2016 #3
8/20/19 Day 47/Day 1-Deliberations: The jury was told to restart deliberations in the case, disregard all past discussions and remember they cannot talk to others about the case or seek outside information about it. Judge Thompson also imposed a gag order preventing attorneys from discussing the case with reporters. During a session in open-court outside the presence of the jury, Judge Thompson said at least two of the three women she booted from the panel yesterday could potentially face contempt proceedings because of juror misconduct, specifically having unauthorized contact with media or news reports and reviewing outside material. The judge described two of them as "offending jurors" and the third as a "non-offending juror," although Brian Getz, an attorney for Almena, made clear they believed all three should be considered "offending jurors." The new jury deliberated for their first full day without reaching a verdict. They will return for more talks Wednesday, 8/21 - and then they will not return until Tuesday, Sept. 3 because of a previously scheduled break approved by Judge Trina Thompson.
8/21/19 Day 48/Day 2-Deliberations: The minutes of closed hearings that Thompson held on Monday to discuss the alleged juror misconduct indicate that the alleged misconduct prompted attorneys for Almena & Harris to make oral motions asking her to declare a mistrial in the case but she denied their motions. Thompson said at the end of the day on Tuesday that she will hold a hearing on a defense motion Wednesday morning, 8/21. Jury deliberations probably will extend past Labor Day or even later because Thompson previously scheduled days off for jurors beginning on Thursday until Sept. 3, the day after Labor Day, so that jurors have time to transport their children to college. Thompson, who noted that her original estimate was that the trial would last until the end of October, said she also is dealing with jurors' requests for additional days off, including a request by one juror for a lengthy break between Sept. 9 and Oct. 6. No verdict reached on second day of “new” jurors. Jury will be back on Tuesday, 9/3.

 

[Niner]

Wednesday, Sept. 4th:
*Trial continues (Day 49)-Verdict Watch! (@ 9:30am PT) - CA - Ghost Ship Warehouse Fire in Oakland on Dec. 2, 2016 killing 36 people: Cash Askew, age 22, Em B (Em Bohlka), 33, Jonathan Bernbaum, 34, Barrett Clark, 35, David Cline, 24, Micah Danemayer, 28, Billy Dixon, 35, Chelsea Dolan, 33, Alex Ghassan, 35, Nick Gomez-Hall, 25, Michela Gregory, 20, Sara Hoda, 30, Travis Hough, 35, Johnny Igaz, 34, Ara Jo, 29, Donna Kellogg, 32, Amanda Kershaw, 34, Edmond Lapine, 34, Griffin Madden, 23, Joseph Matlock, 36, Jason McCarty, 36, Draven McGill, 17, Jennifer Mendiola, 35, Jennifer Morris, 21, Feral Pines, 29, Vanessa Plotkin, 21, Wolfgang Renner, 61, Hanna Ruax, 32, Benjamin Runnels, 32, Nicole Siegrist, 29, Michele Sylvan, 37, Jennifer Kiyomi Tanouye, 31, Alex Vega, 22, Peter Wadsworth, 38, Nick Walrath, 31, and Brandon Chase Wittenauer, 32. - *Derick Ion Almena (47), and *Max Cardin Harris (27), charged (8/10/17) 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 (was $1.8M) and face up to 39 years in prison each if convicted.
Trial started April 30, 2019 with opening statements & continued on May 1 with testimony which began on May 6. Trial is expected to take 12 to 18 weeks. Trial ended on 7/16/19. Jurors: 7 women/5 men (4 alternates; 5/1: One alternate juror removed due to work hardship. 5/9: one alternate juror removed as “veracity” issues). 8/19/19: 3 women on jury replaced by 2 men & 1 women alternates for contact with media. Court dark on Fridays.
Court hearings, Jury selection & Trial Days (1 thru 37) from 8/10/18 thru 7/31/19 & Jury Deliberations & re Deliberations (Day 1 thru 10 & Day 1 thru 2) from 7/31/19 thru 8/21/19 reference post #879 here:
VERDICT WATCH - CA - Massive fire at Oakland warehouse party, 36 dead, 2 Dec 2016 #3
9/3/19 Day 49/Day 3-Deliberations: The jury resumed deliberations after a 12-day break. Judge Trina Thompson told jurors to go ahead and unseal the evidence boxes that had been secured in their absence. Deliberations continue on 9/4.