First week of jury deliberations ends with no verdicts

OAKLAND » Jury deliberations in the Ghost Ship criminal trial ended its first week without any verdicts reached.

Defendants Derick Almena, 49, and Max Harris, 29, are charged with 36 counts each of involuntary manslaughter for the deaths of three dozen people who perished during the Dec. 2, 2016, warehouse fire in the Fruitvale district in East Oakland. The fire was the deadliest in the city’s history.

If convicted on all counts, each man faces 39 years behind bars.

Jurors began deliberating July 31, for just about an hour after receiving the case that afternoon. Since then, they deliberated for four full days and have not yet returned a verdict.

Almena’s attorney, Tony Serra, has commented that the longer the jury takes, the better for the defense. He said earlier this week that he believes in the power of telepathic communication, and sits in the courtroom sending positive thoughts to the jury.

“So you sit there and you start thinking and you bring into your mind the image of the juror, and you’re trying to communicate without talking … mind to mind,” Serra said on Tuesday.

He said of course it’s also a superstition, and not scientific. Serra said he likes to be present in the courthouse, to show the jury that he’s there waiting for a verdict.

“Waiting for a jury as a defense attorney is the most challenging part of the trial because when we’re in trial, we’re doing something. … But when you wait, there’s no direct input,” Serra said.

Curtis Briggs, attorney for Max Harris, said he’s grateful that the jury is taking its time in deliberations.

“Max Harris faces 39 years in prison if convicted, therefore we’re grateful for every minute this jury continues to deliberate,” he said.

On their first day, the jury of nine women and three men asked two questions: They wanted to know the legal definition of an “authorized person” and whether the words “property manager,” “tenant” and “leaseholder” were interchangeable. Alameda County Superior Court Judge Trina Thompson advised them the terms were not interchangeable.

On Wednesday, jurors asked for a fresh tablet to review an exhibit, after an apparent technical glitch. Other than that, there have been no requests yet for read-back of testimony or other questions.

On Thursday, jurors ordered pizza for their lunch, although some jurors were seen leaving for the break.

Throughout the week, other defense attorneys such as Brian Getz, also for Almena, Tyler Smith for Harris have been seen in the courthouse. Getz shared drawings that Almena, an artist, made during the trial — doodles on Post-It notes paper. Getz said they helped Almena take a step back and reflect during some difficult times during the trial.

The jury deliberates from 9:30 a.m. to 4 p.m. Monday through Thursday, with a roughly two-hour lunch break each day. Jurors have been seen leaving the courthouse for lunch, meaning they are not sequestered together during their lunchtime.

The jury will resume deliberations on Monday morning. If a verdict is reached in the morning, it will be read in the afternoon to give family members of the 36 victims and others ample time to arrive at the Rene C. Davidson courthouse. If a verdict is reached in the afternoon, it won’t be read until the following day.