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

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  • #601
His statement is a “must read” window into his warped and twisted injustice-collecting mind. Did he really think this showed remorse? He knows how to use the word “remorse” in a sentence, but the rest of his words cancel it out.

I read the entire letter and he doesn’t seem to understand the concept of accepting responsibility for anything. Everyone else cumulatively did worse than he did and he is the victim of a conspiracy.

https://assets.documentcloud.org/documents/4402789/Feb-2018-Statement-Almena.pdf
 
  • #602
His statement is a “must read” window into his warped and twisted injustice-collecting mind. Did he really think this showed remorse? He knows how to use the word “remorse” in a sentence, but the rest of his words cancel it out.

I read the entire letter and he doesn’t seem to understand the concept of accepting responsibility for anything. Everyone else cumulatively did worse than he did and he is the victim of a conspiracy.

https://assets.documentcloud.org/documents/4402789/Feb-2018-Statement-Almena.pdf
He got one word wrong, however. He is not a victim of a conspiracy -- he is a victim of the Constitution of the United States of America.
Live with it, you low-life. :mad:
 
  • #603
https://www.sfgate.com/news/crime/a...Oakland-warehouse-13161550.php#photo-16024775

A Northern California district attorney has reversed course and says she will no longer consider plea deals to resolve the only criminal case filed in connection to a 2016 warehouse fire that killed 36 people, according to a court document obtained by The Associated Press on Thursday.

Alameda County District Attorney Nancy O'Malley informed the judge presiding over the case that she now wants the two men charged in the case to face trial as soon as possible.
 
  • #604
https://www.sfgate.com/news/crime/a...Oakland-warehouse-13161550.php#photo-16024775

A Northern California district attorney has reversed course and says she will no longer consider plea deals to resolve the only criminal case filed in connection to a 2016 warehouse fire that killed 36 people, according to a court document obtained by The Associated Press on Thursday.

Alameda County District Attorney Nancy O'Malley informed the judge presiding over the case that she now wants the two men charged in the case to face trial as soon as possible.
Wow! And that's not all. In the video the reporter says Almeda's attorneys are now saying that the fire actually started in the adjacent building and not in the Ghost Ship and they claim they have proof by way of a survey conducted by experts.

Take that claim with a grain of salt considering it's Almena's attorneys and they are refusing to name the experts, release the report or even talk to reporters. So this could be an attempt to counter the latest decision by the DA. IOW a bluff in hopes of getting a new plea deal on the table.

What could be problematic is that the origin of the fire was never determined although evidence points to an area where it may have started. I think Almena's attorneys are attempting to show reasonable doubt, which may be enough for a jury to find him not guilty.

Fire Report of March 18, 2017:

http://www2.oaklandnet.com/oakca1/groups/ceda/documents/report/oak064503.pdf

I'm too tired to slog through it again right now but I do recall that witnesses reported smoke coming from under the floor of the party area, not from the adjacent building (which I guess means the auto shop connected to the Ghost Ship). It sounds like the attorneys are claiming the fire began in the main subpanel on the ground floor of the auto shop.

Hopefully more on this will be reported on soon.
 
  • #605
  • #606
Friday, August 17th:
*Hearing for both (@ 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.


 
  • #607
Lots of drama, anger and odd comments coming out from the latest turn of events.
"Now we have the opportunity to show that he's innocent," said Harris' attorney Curtis Briggs. "I think that Nancy O'Malley should try this case personally since its the biggest murder case in the history of Alameda Co. I think she should stake her entire political career on the outcome of this case."
Oakland Ghost Ship trial likely early next year
Like Almena Serra continues to blame everyone but his client for the fire and attempts to show reasonable doubt by throwing stuff on the wall to see if anything will stick:
Outside court, the men's lawyers say there's plenty of blame to share for the Dec. 2, 2016, fire in an Oakland warehouse illegally converted into an underground entertainment venue and live-work space for artists. The cause of the fire has never been determined, which the lawyers said is key part of the men's defense.

"It could have been arson," Almena's lawyer Tony Serra said. "It could have been started by the guy next door ... who knows?"
Men charged in warehouse fire deaths to appear in court
Harris' attorney wants to sever his case from Almena. Almena continues to whine about public sentiment.
EXCLUSIVE: Ghost Ship defendant will try to separate cases, per lawyer
 
  • #608


Defense lawyers will seek to shift blame for Ghost Ship warehouse fire at trial

Derick Almena, 48, and Max Harris, 28, appeared briefly in an Oakland courtroom Friday for the first time since a judge scuttled a plea deal agreed to by prosecutors. They were ordered back to court in three weeks to schedule a trial.
...

In addition, Oakland’s Fire Department acknowledged that it failed to inspect the warehouse annually as required.

“The city’s negligence was criminal,” said Curtis Briggs, Harris’ lawyer.
...

Almena rented the Oakland warehouse and turned it into a death trap, the district attorney said when charges were filed last year. He is accused of filling the warehouse with highly flammable furniture, art pieces and other knickknacks that made it difficult for new visitors to quickly find exits. Almena hired Harris to help manage the facility by collecting rent and booking concerts, among other duties.

They are the only people facing criminal charges for the deadliest structure fire in the U.S. since 100 people died in a Rhode Island nightclub fire in 2003.





 
  • #609
Almena reminds me of a kid who gets caught by the teacher breaking some rule and says “But Johnny did it too and it’s not faaaaaair that I’m the only one being punished.” My retired teacher husband would say “I didn’t see Johnny. I saw you. You broke the rule. Just because Johnny did something wrong doesn’t mean it’s OK for you to do it too.” Grow up Almena! If the city and fire department have responsibility too, that will handled by law suits and it doesn’t change what Almena and Harris did. I hope the jury understands the concept of individual responsibility for ones own actions.
 
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  • #610
  • #611

Another article that is blocked here.... is there a "date" on the next court date?
TIA! :)

No date, the story just said "three weeks." So, perhaps three weeks from the Aug. 17 publish date? A date would have been better; I wonder why they didn't include it.
 
  • #612
Having read his "letter of explanation" I have no doubt of his culpability. That said, if any of what he wrote is true the fire department, the landlord and the city have some serious explaining to do.
 
  • #613


Defense lawyers will seek to shift blame for Ghost Ship warehouse fire at trial

Derick Almena, 48, and Max Harris, 28, appeared briefly in an Oakland courtroom Friday for the first time since a judge scuttled a plea deal agreed to by prosecutors. They were ordered back to court in three weeks to schedule a trial.
...

In addition, Oakland’s Fire Department acknowledged that it failed to inspect the warehouse annually as required.

“The city’s negligence was criminal,” said Curtis Briggs, Harris’ lawyer.
...

Almena rented the Oakland warehouse and turned it into a death trap, the district attorney said when charges were filed last year. He is accused of filling the warehouse with highly flammable furniture, art pieces and other knickknacks that made it difficult for new visitors to quickly find exits. Almena hired Harris to help manage the facility by collecting rent and booking concerts, among other duties.

They are the only people facing criminal charges for the deadliest structure fire in the U.S. since 100 people died in a Rhode Island nightclub fire in 2003.
Grrrrrrrr.
If Harris is trying to shift the blame to the OFD, what evidence or documentation does he have that he & Almena asked the OFD to look into it before they started using it? They should present that evidence/documentation to show that OFD was neglectful. If OFD ignored it, then where is the documentation that they asked the property owner to communicate with the OFD?

IMO and seriously, OFD should have done a better job on inspecting the property, but sometimes it takes bringing their attention to it, i.e., "We've got people living here and we're afraid it may be dangerous due to the way this place is wired. Would you please make an inspection of the place as soon as possible?" Did they do that? That would be some powerful evidence, I think. Where's the proof that shows their concern about their tenants? They did have tenants after all... SMH
I guess they lost their copies of their attempts to improve their tenants' well-being. Such a shame for Harris & Almena.
/s
 
  • #614
Okay - 3 weeks from 8/17 - will be 9/7, so I'll put this under that date.

Anyone have access to the Alameda County court site? If so, TIA! :)
 
  • #615
Okay - 3 weeks from 8/17 - will be 9/7, so I'll put this under that date.

Anyone have access to the Alameda County court site? If so, TIA! :)
You called it - next hearing is September 7.
17-CR-017349B
ALMENA, DERICK ION
9/7/2018 9:15 AM
Disposition and Setting (D&S)

17-CR-017349A
HARRIS, MAX CARDIN
9/7/20189:15 AM
Disposition and Setting (D&S)
Alameda Superior Court - Online Records Search
Choose "Search Hearings" for dates, "Smart Search" for case details.
 
  • #616
:)
Still smiling...
Thanks for the documentation above, MsMarple. You are still the best!
 
  • #617
bbm

Yes! 100% this. Ye Olde Deflection Tactic. Aggravating. Everyone who is responsible should face justice.

Almena was in charge of the rent space; loaded it with tinder; created a fire trap; knowlingly, willfully and repeatedly violated safety codes; and knowingly and willfully rented it in an illegal manner when the building wasn’t coded to be a residential property. He also did his best to keep inspectors outside the property when they were called.

His lack of conscience is truly appalling.

Almena reminds me of a kid who gets caught by the teacher breaking some rule and says “But Johnny did it too and it’s not faaaaaair that I’m the only one being punished.” My retired teacher husband would say “I didn’t see Johnny. I saw you. You broke the rule. Just because Johnny did something wrong doesn’t mean it’s OK for you to do it too.” Grow up Almena! If the city and fire department have responsibility too, that will handled by law suits and it doesn’t change what Almena and Harris did. I hope the jury understands the concept of individual responsibility for ones own actions.
 
  • #618
bbm

Yes! 100% this. Ye Olde Deflection Tactic. Aggravating. Everyone who is responsible should face justice.

Almena was in charge of the rent space; loaded it with tinder; created a fire trap; knowlingly, willfully and repeatedly violated safety codes; and knowingly and willfully rented it in an illegal manner when the building wasn’t coded to be a residential property. He also did his best to keep inspectors outside the property when they were called.

His lack of conscience is truly appalling.

I don't see how that defence can be successful. It's like trying to get out of a speeding ticket, by arguing that everyone else was speeding too. It just doesn't work. The prosecution will just point out to the jury that it is Almena and Harris who are on trial, not anyone else.
 
  • #619
Thanks a bunch MsMarple! The link you provided works for me!! YEA!! :D
 
  • #620
I don't see how that defence can be successful. It's like trying to get out of a speeding ticket, by arguing that everyone else was speeding too. It just doesn't work. The prosecution will just point out to the jury that it is Almena and Harris who are on trial, not anyone else.

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.
 
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