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

Status
Not open for further replies.
  • #901
Well, at least the sick-minded ~man~ is in jail. What a sleaze-ball. The only fair thing, IMO, is some serious prison time for this &(*%&*)$.
 
  • #902
Just saw this -- it deals with two separate incidents, but it is interesting re Almena/Harris trial and assessing blame. (No endorsement here. It's just showing another angle of this horror.)

Dive Boat, Ghost Ship Fires in California a Lesson in Proving Negligence

By Brian Melley | September 23, 2019

One was a ship in name only, an artist commune set up in an Oakland warehouse. The other was a bona fide boat afloat on the ocean off Santa Barbara.


Both became fiery death traps for a combined 70 souls, two of the worst disasters in modern California history.


Dive Boat, Ghost Ship Fires in California a Lesson in Proving Negligence
 
  • #903
Following the September 5 mistrial in the five-month Ghost Ship fire case, defendant Derick Almena is due back in court this week to set a date for his next trial — and his attorneys are now seeking a significant reduction in his bail.
...
On Friday, October 4, Almena and his attorneys will return to Judge Trina Thompson's courtroom to set future court dates, including a date for a potential new trial.
Ghost Ship Defendant Derick Almena Due Back In Court Friday, Seeks Bail Reduction

Serra says they’ll find out on Friday if the case will be dropped, retried or if they will be ordered to negotiate — which he says he does not want to do.

“So I fight — it’s all I’ve ever done,” Serra said. “I go to trial. I am not friendly with the opposition. I’m a trial lawyer, so I’m not going to negotiate. All or nothing at all. That’s my proposition.”

Serra says he wanted Harris to be at Friday’s heading but he will not be at the courthouse and doesn’t expect he will testify if Almena goes back to trial.

“He’s out of the area I’m told. He’s not close. He’s engaging in a whole new life in a new environment and he doesn’t want to come back and revisit what gave him so much pain,” Serra said.
Ghost Ship defendant Derick Almena to return to court Friday following mistrial

We'll find out tomorrow if Almena's going to be re-tried. I hope he is. His lawyer is so smug about not negotiating a plea deal - the jury was hung by 10 of the 12 finding Almena guilty.
 
  • #904
Friday, October 4th:
*Hearing (re retrial) (@ 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. - Only for *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 4) from 7/31/19 thru 9/4/19 reference post #881 here:
CA - Massive fire at Oakland warehouse party, 36 dead, 2 Dec 2016 #3

9/5 Day 51/Day 5-Deliberations: BREAKING: Mistrial declared in case of Almena after judge says jury is hopelessly deadlocked. Gasps throughout gallery. Jury foreman revealed that 10 on panel voted for guilty. DA mulling over whether to retry Almena. Max Harris completely acquitted on all 36 counts of involuntary manslaughter. Prosecutors to return to court on October 4 for a decision on whether they would retry Almena or reach a plea deal. Also Jury misconduct allegations will be discussed.
 
  • #905
Derick Almena Faces March Retrial For Ghost Ship Warehouse Fire Deaths


OAKLAND (CBS SF) — An Alameda County jury will decide once again in March whether or not Ghost Ship master tenant Derick Almena is guilty of 36 counts of involuntary manslaughter in the deadly Oakland warehouse fire.

At a hearing Friday, a judge denied a motion to reduce Almena’s $750,000 bail and set March 30 as the date for a new trial.
[.....]
On Friday, prosecutors told Alameda County Superior Court Judge Trina Thompson that they intended to retry Almena.
[.....]
Almena’s second trial won’t start until next spring because Serra is busy with several other trials before then.

Thompson set a pretrial hearing for Almena for Jan. 31 and told the attorneys in the case to be ready to file motions at that time.
[.....]
After Almena left court on Friday, Thompson held a hearing for two female jurors who she dismissed on Aug. 19 during jury deliberations for improper communications and found both of them to be in contempt of court.

Thompson issued a $500 fine for one of the jurors but said she wouldn’t impose it and make her pay it.

Thompson told that juror, “There was no valid excuse” for contacting a relative who’s a firefighter to get information on firefighting procedures that are relevant to the issues in the Ghost Ship fire case.

Thompson told the other juror that she would not impose a fine or order her to serve any jail time.
 
  • #906
Re jurors dismissed.

Exclusive: Almena is optimistic about Ghost Ship retrial

The juror disruption came near the end of deliberations, when the judge in the case dismissed three jurors and replaced them with alternates. Last week, Judge Trina Thompson found two of them in contempt of court and one was ordered to pay $500, the San Francisco Chronicle reported, citing a court official. The fine was stayed, however, so the juror does not have to pay until further notice from the judge.

The three jurors had been removed amid allegations of misconduct. According to media reports after the verdicts were announced September 5, one person was dismissed for soliciting information on the case outside the scope of the trial. Another was dismissed for attempting to sway the vote of a third juror, according to the Chronicle.
 
  • #907
I don’t post on here or read here often. When it’s you it’s different. But I want to say:

Death somehow makes us deeper, fuller humans. Even as it takes away parts of our heart. I’m proud of my brother for the hard work he has done to stay sane through three years of grieving for Jennifer Mendiola, the spouse he adored. It’s been rough. Rougher than I’m willing to say.
 
  • #908
gitana1, I know you've been hurting (and angry) for a long time. For your own loss of Jennifer, and certainly for all the other victims as well, but your other big hurt has been for your brother whom you obviously love very much. His loss must be very deep and it does not lessen as the days go by. I am glad he has you.
You know our hearts, thoughts and prayers have been with you and your brother all through this deep sadness, and they always will be. Much love to you and your brother, and may justice be done in this world and the next.
xxoo
 
Last edited:
  • #909
@gitana1
hugging.gif
 
  • #910
Oakland Ghost Ship: Defense asks to unseal juror information

OAKLAND — Derick Almena, awaiting retrial for the deaths of three dozen people in the Ghost Ship fire, is asking to unseal juror information in the hopes that it would help his upcoming case.

Almena’s attorney, Tony Serra, filed the motion to unseal jurors’ personal data, such as contact information, in Alameda County Superior Court on Monday. Almena is awaiting a retrial on 36 counts of involuntary manslaughter for the deaths of three dozen who perished in the Dec. 2, 2016, warehouse fire.

His co-defendant, Max Harris, was acquitted in September, but in Almena’s case, the jury deadlocked 10-2, with most finding him guilty.

Serra is asking for the juror information because if they choose to speak to the defense, they may have “valuable information that would assist defense counsel in preparing for Mr. Almena’s defense at the retrial” he wrote in the motion.
[.....]
Almena will return to court on Jan. 31, which is likely when this motion will be heard. His trial is expected to begin March 30 in the courtroom of Judge Trina Thompson, who presided over the first case.
 
  • #911
He is, indeed a loser and a total slimeball. MOO.
 
  • #912
Friday, January 31st:
*Pretrial Hearing (@ 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. – for *Derick Ion Almena (47) charged (8/10/17) with 36 felony counts of involuntary manslaughter; both plead not guilty. Remain in custody at the Santa Rita Jail in Dublin on $750,000 bond (was $1.8M reduced on 8/4/17) and face up to 39 years in prison each if convicted.
Trial (retrial) set to begin on 3/30/20. (Max Harris was acquitted (9/5/19) of all charges).
10/7/19: Max Harris acquitted (9/5/19) of all charges. Almena (10-2 for guilty): charges will be refiled. Jury misconduct allegations were imposed on 1 juror of $500 but suspended that & the other juror Judge did not impose any fine or jail time. A judge denied a motion to reduce Almena’s $750,000 bail and set March 30 as the date for a new trial. Pretrial hearing set for 1/31/20 for attorneys to file any motions at this time.
 
  • #913
anyone reading here - can you access the Alameda County court site? I can't....

Here's his case ##17-CR-017349B

TIA! Would like to know when the next hearing is.... :)
 
  • #914
From: Alameda Superior Court - Online Records Search
3/30/2020 9 am Jury Trial (Monday)
4/1/2020 Further Jury Trial
4/6/2020 Jury Trial (Monday)
4/7/2020 Further Jury Trial

January 31:
Almena, 49, returned to court for a short hearing on several minor legal matters in the case.
...
Alameda County Superior Court Judge Trina Thompson ordered Almena to return to court on April 1 for a hearing on legal motions that are due to be filed by March 31.

Thompson said that beginning on April 6 she will bring in four panels of 80 potential jurors each, for a total pool of 320 potential jurors.
Derick Almena Ready for Second Trial for Ghost Ship Warehouse Fire
 
  • #915
Thank you MsMarple!
animated-smileys-waving-016.gif.pagespeed.ce.hX5-uG4xEe.gif
 
  • #916
@MsMarple - hate to bother you - but could you see if the court dates are still the same considering the coronavirus?

TIA! :)
 
  • #917
@Niner
I couldn't find any court hearings for him through August. Nothing in msm either.
 
  • #918
Thanks for checking MsMarple!
 
  • #919
Just tried googling this case, but not finding anything - so going to post this until I do....

Monday, March 30th:
*Pretrial Motions Hearing (@ 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. – for *Derick Ion Almena (47/now 49) charged (8/10/17) with 36 felony counts of involuntary manslaughter. Plead not guilty. Almena remains in custody at the Santa Rita Jail in Dublin on $750,000 bond (was $1.8M reduced on 8/4/17) and face up to 39 years in prison if convicted.
Trial (retrial) set to begin after jury selection on 4/1/20. No specific date yet. (Max Harris was acquitted (9/5/19) of all charges).
10/7/19: Max Harris acquitted (9/5/19) of all charges. Almena (10-2 for guilty): charges will be refiled. Jury misconduct allegations were imposed on 1 juror of $500 but suspended that & the other juror Judge did not impose any fine or jail time. A judge denied a motion to reduce Almena’s $750,000 bail and set March 30 as the date for a new trial. Pretrial hearing set for 1/31/20 for attorneys to file any motions at this time.
1/31/20 Update: Almena returned to court for a short hearing on several minor legal matters in the case. Alameda County Superior Court Judge Trina Thompson ordered Almena to return to court on April 1 for a hearing on legal motions that are due to be filed by March 31. Thompson said that beginning on April 6 she will bring in four panels of 80 potential jurors each, for a total pool of 320 potential jurors. Next trial motions on 3/30 and 4/1. Jury selection starts on 4/6/20. Jury selection is expected to take at least a few weeks so opening statements aren't expected until late April.
 
  • #920
Among those asking for early release under that provision is Ghost Ship warehouse master tenant Derick Almena, according to his attorney, Tony Serra. Almena, 50, is awaiting retrial on 36 counts of involuntary manslaughter for the deadly 2016 Oakland warehouse fire.

Serra filed a motion asking a judge to release Almena on his own recognizance. “He’s had a few health issues and they really haven’t taken care of them” at the Dublin jail, Serra said in an interview. As he’s argued previously, Serra said his client is not a flight risk or a threat to public safety.

Judge Trina Thompson, who has denied earlier motions to reduce Almena’s bail, is scheduled to have a teleconference with Almena’s attorneys and prosecutors on Monday.

“He’s been in there almost three years. Everyone expects, even the guards, that the inmate population of all jails and prisons is going to be susceptible to the virus,” Serra said. “They are trying to protect against it, but we are urging as an act of humanity” to release him to his wife and three kids, the attorney said.
Dublin: Inmates released from jail amid coronavirus concerns

ETA: Almena's case now lists as "Active," no dates entered.
 
Last edited:
Status
Not open for further replies.

Staff online

Members online

Online statistics

Members online
105
Guests online
2,474
Total visitors
2,579

Forum statistics

Threads
632,713
Messages
18,630,853
Members
243,272
Latest member
vynx
Back
Top