OAKLAND, Calif. _ Defendant Max Harris testified that he thought everyone had made it out of the Ghost Ship warehouse the night of the deadly 2016 fire in Oakland. But if he had known, he would have gone up to try and help.
"I wish I went upstairs. I don't know if I would be here right now," Harris said.
Cross-examination Wednesday by Alameda County Deputy District Attorney Autrey James got tense when he asked Harris why he didn't go back inside the warehouse, to make sure people he knew had gotten out.
"I thought everyone was getting out," Harris responded.
James went through each person Harris knew that died in the fire _ eight of the 36 who perished _ asking why Harris didn't go to make sure they got out of the warehouse. Quietly, and at times with a sigh, Harris responded to each one, "I didn't go upstairs."
Harris' testimony concluded Wednesday afternoon after being on the stand for three days. His attorney, Curtis Briggs, told media outside the courtroom that he and attorney Tyler Smith are proud of Harris.
"We feel his testimony will exonerate him," Briggs said.
James spent the first day of his cross-examination of Harris on Tuesday trying to establish Harris' role at the Ghost Ship, and catch him in any lies or "untruths." Harris and Derick Almena are each accused of 36 counts of involuntary manslaughter for the deaths of 36 people during the Dec. 2, 2016, warehouse fire.
James ticked off a list of things that Harris confirmed he did in the warehouse: He cleaned, mediated disputes, was a point person to expand the warehouse space, communicated with other art festivals on behalf of the art collective, helped provide trash services for the warehouse, made sure the power was maintained in the space, helped provide an eviction notice, once provided a rental agreement with a new tenant, and was a contact person for the fatal dance party on Dec. 2, 2016.
Harris, wearing a dark suit, blue shirt, yellow tie and a butterfly button he reportedly made himself, confirmed each of those tasks, some reluctantly with a sigh and some with further explanation.
For example, the rental agreement he helped make in 2015 was because resident Bob Mule asked for something in writing since he was turning in a $500 security deposit, he said. Since Harris was collecting the money, he didn't want to deny him, he said.
Harris' attorneys have maintained that he has been a scapegoat in all this, and instead have shifted blame for the fire to the city of Oakland, particularly the Fire Department and police officers who visited the warehouse before the fire and knew about conditions there. Under direct examination, his attorney asked questions trying to portray Harris as a gentle soul with a relatively minor role in the Ghost Ship. He testified that he was a practicing Buddhist and a "child of God," vegan, jewelry maker and a tattoo artist who graduated from art school.
When talking about the night of the fire, Harris maintained that the exits of the warehouse were clear. There were two staircases inside the warehouse, one in the front and one in the back, and two doors: a front door and a side door.
"I would expect people to be able to navigate," Harris said. "If they use the light on their phone, yes, they might have an idea (of exiting)."
In a video shown to the jury with district attorney inspectors, after Harris was arrested two years ago, he told investigators that the back staircase was blocked that night. Harris said on Wednesday that he had some misinformation, and now that he has heard others testify, he understands the back staircase was not blocked.
"I was trying to be as helpful as possible, which I now know it wasn't accurate," Harris said.
The week of the warehouse fire, Harris said the electricity went out twice. It was known to frequently go out, about once a month, he said. Harris said he or others in the warehouse would bring in new fuses to Omar's Body Shop, where the Ghost Ship's power was coming from.
James pointed to email evidence and another interview with Bureau of Alcohol, Tobacco, Firearms and Explosives agents days after the fire, in which Harris said he himself changed the fuse box. But on Wednesday, Harris insisted that what he meant was he would hand over the fuses to someone at the body shop, and wouldn't physically touch it himself.
This could be important to the prosecution's establishment of Harris' role in the warehouse, or further pointing to inconsistencies between past statements he made to officials and his testimony in the trial.
Court resumes Thursday with more witness testimony from Harris' defense team including a firefighter and former tenant.
