Defendant offers few answers in heated testimony

Ghost Ship defendant Derick Almena began his third day on the witness stand Wednesday morning sparring with the prosecution, objecting to crossexaminations ranging from his parenting to the safety and permitting of the Oakland warehouse where 36 people died in a 2016 inferno.

Over more than two hours of testimony, Almena offered prosecutor Autrey James few direct answers to his questions. He instead provided unsolicited explanations or quibbled with how queries were worded, prompting James to repeat many questions again and again.

The morning of circular arguments prompted Alameda County Superior Court Judge Trina Thompson to give jurors an unscheduled afternoon off. Almena was given time to review the evidence prosecutors plan to present, and to refresh his recollection outside earshot of the

jury.

Almena, 49, who leased the warehouse from the property owner and allowed it to be used for an electronic music party the night of the fire, and his codefendant Max Harris, 29, each face three dozen charges of involuntary manslaughter, one for each life lost in the fire.

When James asked about child protective services in Los Angeles barring Almena’s children from living with him, Almena responded, “They didn’t understand what was going on. They didn’t have the proper knowledge.”

In another instance, James asked Almena about a New Year’s 2015 party at the warehouse in which Almena later reported the party’s organizers to police. James asked whether Almena told officers that his young son had grabbed a used condom and put it in his mouth.

Almena initially denied this account, saying that a dog had actually eaten the condom and that his son had just touched it. Later, after reading a transcript of a police video and police report, Almena acknowledged that this was his statement at the time.

Almena’s attorney Tony Serra objected to the condom line of questioning after the jury left for a break, arguing that it was irrelevant, improper impeachment and “character assassination.”

James argued that it spoke to the credibility of the witness. Almena told jurors under direct examination that there was rarely debauchery at the warehouse.

Thompson later ruled in favor of prosecutors, after the courtroom watched the full police bodycamera video without the jury present.

Often, after Almena’s responses, James would provide the defendant with a contradictory report, video or email to refresh Almena’s recollection.

Prosecutors throughout the trial have argued that Almena, leader of the warehouse artists’ collective, and Harris, his alleged righthand man, maintained a firetrap, illegally rented the space to more than 20 people and allowed dozens inside the night of the inferno. The result of their actions, prosecutors said, left the victims with “no notice, no time and no exits.”

Defense attorneys say government officials trained to spot safety hazards visited the artists’ collective and never took action against it. They also point to witness testimony that suggests the fire was ignited by arsonists with Molotov cocktails.

Almena’s crossexamination will continue Thursday morning.