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

[MsMarple]

Very long, sickening heartwarming story about Max Harris. Gee, I feel so bad for him but he's found love and a new home in... Portland! And yeah, he still sees himself as a victim. More at the link. I hate this guy I wish him well.
======
“I didn’t move away because of any hard feelings,” Harris told The Chronicle in a series of phone interviews from his home in Portland, Ore., where he now lives with his partner. “It was virtually impossible to find anywhere to live in the Bay Area.”
...
At times, Harris is able to see a silver lining from his time in jail, which he treated like an artist’s residency. Watercolors he’s now framing were created behind bars, using toothbrushes, powdered punch for ink and legal paperwork for canvas. Some were branded with “CONFIDENTIAL” or “EXHIBIT L” in the corner.

“It was in some ways an extreme luxury to have a roof over my head and albeit a very meager sustenance, and not have to be working on commercially consumable art,” Harris said. “I love jewelry, I love tattooing, and I love selling paintings, but when you can take money out of the equation, you can go a lot deeper.”
...
“I’m still on the brink of poverty. I’m still struggling,” Harris said. “I don’t have any justice. What justice? I lost two years of my life. I did the best with it that I could; what do I get for that? ‘Oh, we made a mistake?’ That’s cheap.”
...
[Defense attorney] Briggs erupted in tears in the court when the jury foreman listed Harris’ 36 “not guilty” verdicts.

“We were trying to free the kindest gentlest young man ... from essentially this completely evil bureaucratic system that was scapegoating him,” Briggs said. “So, yeah, I lost it when the jury came back.”

Victims’ families contacted by The Chronicle for this story had little to say about Harris.
...
“After two days of listening to him, I’ve lost all the respect I had for him,” [Michela Gregory's dad] said at the time.
Life after Ghost Ship: Max Harris breaks silence on deadly warehouse fire trial

 

[Niner]

Thanks so much for those 2 articles @MsMarple !

I agree with your strike outs above! LOL!

So - today 3/30 - teleconference re whether to release Almena..... I hope NOT!!

 

[al66pine]

CIVIL SUITS
Anyone aware of updates on the civil side, esp. the building owner? Thx in adv.
I may have missed news in this thread.

From wiki: Ghost Ship warehouse fire - Wikipedia :
"Numerous lawsuits related to the fire have been filed by 80 plaintiffs, naming 100% Silk, Pacific Gas and Electric Company, Ben Cannon, Derick Ion Almena, Max Harris, Chor Nar Siu Ng, the City of Oakland, Alameda County, and the State of California,[112] and were subsequently consolidated.[113][114]....
"When questioned during the preliminary hearing, the warehouse owner Chor Ng and her daughter and son all pleaded the Fifth Amendment to every question. Civil attorneys are waiting until after the criminal statute of limitations ends on December 2, 2019, three years since the fire, when they expect to get depositions from the Ngs.[116]"

116 footnote:
"Civil attorneys searching for new evidence in Ghost Ship case". KTVU. Archivedfrom the original on August 16, 2019. Retrieved August 16, 2019."

 

[MsMarple]

Attorney Tony Serra filed a motion for emergency release of Almena explaining he was not a flight risk, not a danger to the community and was suffering psychological harm in jail. That motion was rejected.
Coronavirus delays Ghost Ship trial for months

A second trial for Almena, 49, was supposed to begin in April, but Alameda County Superior Court Judge Trina Thompson pushed the start date back until July 6 as the virus continues to spread.
Second trial for Ghost Ship defendant Derick Almena delayed over COVID-19 crisis

 

[MsMarple]

The company [PG&E] agreed additionally to pay a total of $13.5 billion to settle all claims resulting from the Camp Fire and other wildfires—including the Tubbs Fire and Ghost Ship fire—it caused.

With potential liabilities of $30 billion following the Camp Fire, PG&E filed for bankruptcy in January 2019. They have until June 30, 2020 to exit bankruptcy in order to participate in the fund that assists utilities in paying for future wildfire claims.
PG&E Pleads Guilty To Manslaughter After Fire - San Francisco News
PG&E Pleads Guilty In Camp Fire Manslaughter Case Brought By Butte County

 

[borndem]

Oh, that slimeball, uh, I mean poor, poor Almena. All locked up and he can't leave. And he's not feeling so well, and he's been there for so long.
He is still walking, talking, eating, sleeping, and doing his artwork -- rent-free. He also can be fairly confident that he will have another day tomorrow. Sounds pretty darn good to me.

Thanks for all the info, @Niner, and @MsMarple.

 

[Niner]

So.... I take it that the 4/1 motions hearing is no more?

Can you access the Alameda court site @borndem ? Case # is 17-CR-017349B
Any court hearings before the July trial date?
TIA!

 

[borndem]

No, my friend, I can't. I've tried to navigate to get there, but I cannot muddle through it.
I wonder if anything is being done at this very moment.
They better not let him out on his own recog -- he'd find some kind of magic carpet and be outta there in a flash. He is a slippery sl33zeball, IMO.

 

[MsMarple]

Alameda Superior Court - Online Records Search
17-CR-017349B
ALMENA, DERICK ION
5/1/2020 9:30 AM Hearing

17-CR-017349B
ALMENA, DERICK ION
7/6/2020 9:00 AM Jury Trial

 

[borndem]

Thanks, @MsMarple !!

 

[Niner]

Thank you MsMarple!

No, my friend, I can't. I've tried to navigate to get there, but I cannot muddle through it.
I wonder if anything is being done at this very moment.
They better not let him out on his own recog -- he'd find some kind of magic carpet and be outta there in a flash. He is a slippery sl33zeball, IMO.

Nope - Judge denied the motion!

 

[tnith]

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.

He's going to disappear with his insane cult following. Fanstastic job Judge Trina.

 

[Niner]

Looks like the Judge is changing her mind....

Ghost Ship Defendant Derick Almena Likely to Be Released From Jail

April 9, 2020

Derick Almena, the Ghost Ship warehouse master tenant awaiting re-trial on 36 involuntary manslaughter charges, will likely be released from jail due to the COVID-19 pandemic, officials said Wednesday.

He will be released on electronic monitoring and his re-trial date remains set on July 6.
[.....]


Melissa Colorado ✔ @melissacolorado


Breaking: #GhostshipTrial defendant Derick Almena will likely be released from jail. Because of #coronavirus pandemic, Judge Trina Thompson is recommending that Almena be released on electronic monitoring. His retrial still set for July 6th. @nbcbayarea

 

[MsMarple]

Looks like the Judge is changing her mind....

Ghost Ship Defendant Derick Almena Likely to Be Released From Jail

April 9, 2020

Derick Almena, the Ghost Ship warehouse master tenant awaiting re-trial on 36 involuntary manslaughter charges, will likely be released from jail due to the COVID-19 pandemic, officials said Wednesday.

He will be released on electronic monitoring and his re-trial date remains set on July 6.
[.....]


Melissa Colorado ✔ @melissacolorado


Breaking: #GhostshipTrial defendant Derick Almena will likely be released from jail. Because of #coronavirus pandemic, Judge Trina Thompson is recommending that Almena be released on electronic monitoring. His retrial still set for July 6th. @nbcbayarea

No surprise there, it was just a matter of time. Once the worst of the pandemic has passed I believe we're going to see many lawsuits brought by prisoners who were denied release. For sure Serra would lead the charge so it was probably prudent to let Almena out.

At least he'll be wearing a monitor. I don't trust him and due to his previous trips to Bali I believe he'd be comfortable relocating out of the country.

Almena, who turns 50 next week, is scheduled for a court teleconference Friday and could be released as early as this weekend, said Vincent Barrientos, one of Almena’s defense attorneys. Almena has spent nearly three years at the Santa Rita Jail in Dublin, after he was charged with 36 counts of involuntary manslaughter in the Dec. 2, 2016, Ghost Ship fire that killed three dozen people during a warehouse party.

Barrientos said Santa Rita Jail’s in-house medical staff produced a report that said Almena’s psychological, physiological and physical health were in jeopardy while the defendant remained behind bars.

Coronavirus: Judge decides to release Ghost Ship defendant Derick Almena

 

[Niner]

Friday, April 10th:
*Motions Hearing-Teleconference (@ 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) was set to begin after jury selection on 4/6/20 has been moved to 7/6/20. (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.
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.
3/30/20 Update: Teleconference hearing. Defense attorney filed motion to release Almena on own recognizance due to virus will be discussed. Judge has denied motion to release Almena. Defense attorney Serra said he will file a writ with the state appellate court in another effort to get Almena released from custody. Due to coronavirus his trial has been moved to 7/6/20 and motions hearing for 4/1 moved to 5/1.
4/9/20 Update: Breaking: Almena will likely be released from jail. Because of coronavirus pandemic, Judge Trina Thompson is recommending that Almena be released on electronic monitoring. His retrial still set for July 6th. Judge Thompson called for a teleconference hearing on 4/10. Alemna will probably be released due to coronavirus. Teresa Drenick, a spokeswoman for the Alameda County district attorney’s office, said prosecutors will seek a specific order that Almena have no contact with the victims of the case or any witnesses. Thompson is requesting that Almena be placed with Leaders in Community Alternatives, an Oakland-based company that provides services for electronic monitoring and house arrest. Thompson’s request is a reversal from another order last week, when she declined to grant the defense’s emergency motion to release Almena due to coronavirus concerns. Thompson has postponed Almena’s retrial until July 6, also in response to the growing pandemic

 

[borndem]

Well, just dammit.
Grrrrrr.

 

[Niner]

so.... did he get released?

TIA!

 

[MsMarple]

so.... did he get released?

TIA!

It's unclear. In an updated article (updated April 13) it says the judge changed her mind about releasing Almena with an ankle bracelet:

But despite indicating Wednesday that she might release Almena from custody with the condition that he wear an ankle monitor, Alameda County Superior Court Judge Trina denied the motion in a teleconference between attorneys, according to the clerk’s office.

Instead, a new bail is going to be set, with some conditions, but the specifics may not be available until Monday, the clerk said. A source told this news organization the bail might be lowered from $750,000 to $150,000.

Oakland: Ghost Ship defendant denied release from jail

Another article, also dated April 13, stated that 56 inmates were released but no mention about whether or not Almena was among them.
Coronavirus Update: Alameda County Court Orders 56 People Released From Santa Rita Jail

According to the Alameda County Inmate Search Almena's bail was reduced from 750k to 150k but no indication that he bonded out.

Next hearing is 05/01/2020.
https://www.acgov.org/sheriff_app/i...kz8mM0QFKx1n6aO9TQ__.ac01pap901:Inter-Crims04

 

[borndem]

Thank you, Detective Marple!
Wow, his bail reduction was a gift.
Now the question is -- Does Almena have that kind of money -- the bond rate in CA is typically 10%, so $15,000, or does he have friends/relatives that would go his bail?

 

[MsMarple]

Thank you, Detective Marple!
Wow, his bail reduction was a gift.
Now the question is -- Does Almena have that kind of money -- the bond rate in CA is typically 10%, so $15,000, or does he have friends/relatives that would go his bail?

That's a very interesting question @borndem! I don't recall Almena's buddies rallying to raise the 10% for the 750k bond but we may see something now that it's down to 150k.

Will his "followers" open their wallets for ole Derick? Will his wife start a GoGimmeeMoney fundraiser? Heck, his lawyers love him so much - let them put up bond money for him, lol!

I guess we'll see how many people still love and admire Almena. Or even remember who he is.