Ghost Ship Defendants Disagree On Whether To Delay Trial
OAKLAND (CBS SF) -- A rift opened up for the first time between Ghost Ship master tenant Derick Almena and creative director Max Harris in the case in which they each face 36 counts of involuntary manslaughter for their alleged roles in a fire at the Oakland warehouse in December 2016 that killed 36 people.
Tony Serra, the lawyer for Almena, 48, said Almena wants to maintain a July 16 trial date that was previously set in the case because he's tired of being in jail and wants the case to be resolved as soon as possible.
But Curtis Briggs, the attorney for Harris, 28, said he wants to have the trial postponed until September or later because experts he recently hired to study the possible cause of the fire at the warehouse at 1309 31st Ave. in Oakland's Fruitvale district on Dec. 2, 2016, need more time to complete their work.
Briggs said the team of experts will "decimate" the prosecution's case against Harris and Almena.
He said the delay he's seeking is "unfortunate" because Harris and Almena would have to wait in jail a few more months but he said "it would be worth it."
Serra disagreed.
"This is the first time we've had any conflict at all. We have many of the same experts and witnesses and are friends," Serra said. "In this instance, we are in conflict."
The comments by Serra and Briggs came after Alameda County Superior Court Judge James Cramer scheduled a hearing for June 7 on Harris' motion for a continuance.
Serra said he and the Alameda County District Attorney's Office both oppose the continuance.
A short time earlier, in a courtroom across the hall, Judge Kevin Murphy denied Harris' motion to be released on his own recognizance. Murphy denied a similar motion by Almena on April 20.
Harris had based his bail motion on an appellate court ruling earlier this year that said judges must take a defendant's ability to pay into account when bail amounts are set.
But Murphy said Thursday that he's no longer bound by that ruling because the California Supreme Court agreed on Wednesday to review that ruling.
Murphy said the appellate court ruling "is no longer binding or controlling."
Briggs said he was disappointed by the state Supreme Court's decision to review the appellate court's ruling, saying, "The Supreme Court took that away from us."
Serra said, "We're all disappointed" by the Supreme Court's decision and said he thinks both Almena and Harris should be free while they stand trial because they aren't a danger to society or flight risks.
Almena and Harris both remain in custody in lieu of $750,000 bail.
Almena and Harris face up to 39 years in state prison if they're convicted of the 36 involuntary manslaughter counts.
© Copyright 2018 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Bay City News Service contributed to this report.
