OAKLAND — Anti-Semitic comments, the phrase “death trap” and a possible jury field trip all came up Wednesday during the second day of a trial against two men blamed for the deaths of 36 people killed in the Ghost Ship warehouse fire.
Defendants Derick Almena and Max Harris are each being tried on 36 counts of involuntary manslaughter involving the deadly East Oakland fire on Dec. 2, 2016. About 30 motions were made as prosecutors and defense attorneys argued over what should or shouldn’t be presented as evidence when a jury finally begins hearing testimony, possibly next month.
Alameda County Superior Court Judge Trina Thompson, who is presiding over the trial, is expected to rule on two motions filed by the defense within the next week. One concerns a potential visit by the jury to what remains of the burned warehouse on 31st Avenue and the other involves a joke Almena allegedly made about himself being Adolf Hitler and Harris “his Jewish slave.”
In an interview with the New York Times Magazine published in December, Harris told the reporter that “Almena spoke to Harris in a sharp German accent, pretending that Harris, whose mother was Jewish, was his Jew, his slave.”
“For the record, my client is not anti-Semitic,” Tony Serra, Almena’s attorney, said in requesting that the reference be omitted from the trial.
But prosecutor Casey Bates argued the remark showed the power dynamic between the two men and how Almena had dominance over Harris.
Judge Thompson said she would take some time to reflect on the issue, given that this information was already out there.
The judge also will decide within the next week whether the 12-person jury and up to six alternates should be allowed to visit the warehouse during the defense’s presentation of evidence. Such a field trip could take weeks to plan, given safety concerns about the state of the building itself and transportation of the jury, she said.
She noted the jurors would not be allowed to talk during the visit, nor would attorneys or anyone else be allowed to point things out once inside, such as the front staircase, or the origin of the fire.
Curtis Briggs, one of the attorneys for Harris, said such a visit to the warehouse in February helped him see for himself such critical objects as staircases and doors on the second floor.
“It only makes sense in the context of being there,” he said.
Harris’ attorneys also asked that references to the Ghost Ship as a “death trap,” “fire trap” or maze be excluded from the trial. But Bates objected, saying such language used by witnesses in the preliminary hearing showed the degree of Almena and Harris’ criminal negligence.
Briggs argued that the language was unfair to use and no expert witness labeled the warehouse a death trap. Serra added that such metaphors are “highly prejudicial” and irrelevant.
Thompson ruled that the words would not be appropriate for opening statements, unless quoting a witness’ own language. She said it was “fair game” if witnesses already used such language in the preliminary hearing.
Other motions on Wednesday included one by Almena’s attorneys asking that spectators be restricted from wearing buttons signs or T-shirts with photos of victims’ faces that may distract or influence the jury. Brian Getz, an attorney for Almena, referred to the two-day sentencing hearing when family members of the 36 victims brought posters, photos and other items to court with them.
Briggs however, disagreed with the motion and stated Harris has felt strongly about the victims’ families.
“It would be a further victimization,” Briggs said.
Thompson ruled in Almena’s favor, stating that the court did not want to impact jurors inappropriately. She pointed out that both defendants’ family and friends and victims’ family will have to adhere to the rules.
The case continues Thursday with more motions.
