Derick Almena (left) and Max Harris have been charged with 36 counts of involuntary manslaughter in the Ghost Ship warehouse fire in Oakland
(KTVU) Oakland -
Defense attorneys in the Ghost Ship warehouse case said Monday that they are no longer seeking to move the trial out of Alameda County.
The announcement came during a brief hearing for Derick Almena and Max Harris, who have each been charged with 36 counts of involuntary manslaughter, one count for each victim who died in the fire in Oakland in December 2016.
Trial has been set for April. A judge was to have been assigned the case Monday, but that decision has been delayed until Nov. 9.
"We ascertained that the juries here in Alameda (County) are more favorable to our cause than other counties," said Tony Serra, an attorney for Almena. "So we want a trial here in Alameda. We want a judge from Alameda. We want a jury from Alameda, and we're ready to go."
Curtis Briggs, an attorney for Harris, agreed, saying, "We've conducted quite a bit of research regarding whether a jury in Alameda County can be fair to our clients. We found that our specific defense theories involving liability on the part of the city of Oakland and the owners have been generally well-received by the public, that we feel we can get a fair trial in Alameda County, specifically for Max Harris."
The case has been marked by many delays.
"The waiting is very hard for the families. They want to see these two tried and held accountable. That's very difficult with all the delays that are happening," said Mary Alexander, a civil attorney representing family members of the victims.
Alexander said her clients "want to see justice." She has filed lawsuits that name Almena, Harris, the city of Oakland, PG&E and building owner Chor Ng, among other defendants. A civil trial is scheduled for next fall.
Also on Nov. 9, attorneys for Almena will seek to restore his plea deal, which was summarily rejected by Superior Court Judge James Cramer in August after he and family members of the victims said Almena had not shown enough remorse. Harris is not seeking to reinstate his plea agreement.