Ghost Ship defendant seeks reduced bail
Almena to be back in court Friday for first time since mistrial last month
OAKLAND >> As the next hearing approaches for Ghost Ship defendant Derick Almena after a mistrial in his case, his attorneys filed a motion to reduce his bail in hopes of releasing him from custody.
Almena, 49, was charged with 36 counts of involuntary manslaughter in the deaths of three dozen people during a Dec. 2, 2016, fire at the Ghost Ship warehouse in the Fruitvale district of East Oakland.
After a four-month trial, a jury could not reach a unanimous decision and deadlocked 10-2 in favor of guilt for Almena.
Jurors acquitted his co-defendant, Max Harris, who was released later that day, Sept. 5.
Almena will head back to court Friday, his first appearance since the mistrial was declared.
Prosecutors have several options: They can retry the case in its entirety, they can dismiss all charges, or they can negotiate a plea deal.
Almena’s attorney, Tony Serra, and co-counsel Brian Getz filed a motion Friday asking for the judge to consider reducing Almena’s $750,000 bail.
According to the motion, they say Almena would pose no threat to public safety if released from jail.
“The unique and specific element of danger inherent prior to December 2, 2016, arose exclusively from conditions at the Ghost Ship warehouse which no longer exists. Nor would it be reasonable to believe that, pending retrial, Mr. Almena could or would replicate those conditions if released on bail,” the motion says.
Almena’s family was homeless for a month after the fire, the attorneys wrote. His family now lives in Upper Lake, in Lake County, where they have been for 31 months.
His attorneys say that Almena will join his family at their home there and that he is not a flight risk, nor will he try to escape the area.
It will be up to Judge Trina Thompson to decide Friday to either grant the motion to reduce bail, or keep it as is.
After Almena and Harris were arrested in 2017, a judge reduced their bail from $1.08 million to
$750,000. However, neither defendant could afford to post the bail.
Almena agreed to a plea deal in 2018, as did co-defendant Harris. By pleading no contest to one count of involuntary manslaughter, Almena would have faced nine years behind bars. But Judge James Cramer rejected the plea deal in August 2018, saying Almena was not remorseful enough.
Defense attorney Serra said the day the verdicts were returned that he would not be open to another plea deal.
“I’m pained, I’m anguished, I’m frustrated, but goddammit we will win next time,” Serra said.
A legal expert said after the verdict that Almena “should be scared” given that 10 jurors voted to find him guilty.
Stanford Law School professor Robert Weisberg said it now could be easier to convict Almena since Harris was acquitted — the blame could focus solely on him.
Almena was the Ghost Ship’s master lease-holder, having co-signed the document in November 2013 to rent the building owned by the Ng family.
They agreed that the space would be used by an artists collective to create artwork and hold community workshops and classes.
Prosecutors alleged that Almena immediately and illegally turned the former dairy storage warehouse into a residence, inviting people to live there in a community setting.
Almena was accused of creating a “death trap” by filling the warehouse from floor to ceiling with artwork, pianos and even RVs.
Those items quickly ignited on Dec. 2, 2016, and the flames caused heavy smoke.
The 36 victims all died of smoke inhalation from the fire.
Almena is due in court at 9 a.m. Friday at the Rene C. Davidson Courthouse before Judge Thompson.