No more Ghost Ship plea deals, DA says
OAKLAND » The Alameda County District Attorney’s Office said it will no longer accept any plea deals for Ghost Ship defendants Derick Almena and Max Harris, according to a letter sent to a judge.
In a letter obtained by the Bay Area News Group and sent to Alameda County Superior Court Judge James Cramer, prosecutors said their office will no longer accept plea deals, and asked for a trial date soon.
“It was a very hard position,” said Tony Serra, attorney for Almena, Thursday.
In the letter, prosecutors wrote that “we all heard loud and clear that the Ghost Ship fire, and the loss of 36 lives, has profoundly affected all of our community.”
“Given the impact that this case has had on the victims’ families as well as on our community, the People will not be entering into any settlement discussions with defense counsel prior to trial,” the letter states.
Almena andHarris, each charged with 36 counts of involuntary manslaughter for the deaths at the warehouse fire on Dec. 2, 2016, had their plea deals rejected by Judge Cramer last Friday after an emotional two days of statements. Most of the family of the 36 deceased told the judge they were not happy about the plea deal, which could have released both defendants in about three years with credit for time served and good behavior.
Cramer rejected the bargain that would have given Almena a term of nine years in jail, and Harris six years, after he found that Almena was not remorseful enough.
Serra called last Friday’s proceedings “a fiasco” for his client, referring to how his client repeatedly admitted guilt when he gave his statement in court.
“I’m guilty. I’m guilty for believing we were safe,” Almena said before the court.
Serra said he will be asking for a change of venue for the trial, since his client has “no chance at all in Alameda County or any other county.”
Tyler Smith, one of Harris’ attorneys, said that Judge Cramer seemed to hint at what’s called an “open plea” which would be between the defendant and judge, not requiring the blessing of the prosecution.
“It’s not too surprising,” Smith said Thursday of the DA’s decision. “Our hope for tomorrow is that Judge Cramer will let us do the open plea.”
But the letter specifically points out that the prosecution does not want the court to impose a sentence on Harris that Judge Cramer called “fair.” Harris attorneys said that they were hopeful that their client could enter his own deal with the judge, separate from Almena.
“The lives of the 36 individuals whom the People allege, and intend to prove, died at the hands of the defendants Harris and Almena, require significant punishments,” the letter states.
If an open plea is not accepted, Smith said they will be ready for trial.
Mary Alexander, a civil attorney who represents 12 of the victim’s families in a civil suit, had no prior knowledge of the letter. She said the district attorney listened to the families desire for a trial, and is now responding with a push for trial.
“The families are pleased ... this is what they wanted ... to hear the facts and get answers at trial,” she said. “The plea deal was not enough years for 36 deaths.”
Both men are expected to appear in court again today.