OAKLAND, Calif. _ Attorneys in the Ghost Ship trial were able to speak publicly Wednesday after the judge partially lifted a gag order she ordered Monday following the dismissal of three jurors for misconduct.
After Alameda County Superior Court Judge Trina Thompson's ruling, attorneys on both sides can make public comments about the case, but not about anything that was discussed in closed session or in the judge's chambers. The attorneys are not allowed to talk about what specific juror misconduct led to the judge booting the three from the case.
Wednesday marked the third day the new jury deliberated, as it had to start anew after the alternates were seated. It did not yet return a verdict, and will resume deliberations on Sept. 3, after a pre-planned break.
Thompson warned attorneys Wednesday morning in court that a violation of the gag order could result in them being held in contempt of the court, or worse.
"Do not flirt with that issue," she said.
Defendants Derick Almena and Max Harris are both accused of 36 counts each of involuntary manslaughter for the deaths of three dozen people who perished in the Fruitvale district warehouse fire during a dance party on Dec. 2, 2016.
Tony Serra, attorney for Almena, cackled when asked by media Wednesday if he would like a verdict at this point, or a mistrial. After a long pause, he said he would want a verdict.
"I want a verdict of not guilty. ... I don't want a mistrial, but if it's the best I can get, I'll grab it and run," Serra said.
His team filed a mistrial motion on Monday, but it was denied, twice, by the judge. He said he would not comment on the specifics of the motion, given the gag order. But if there were a mistrial, he said they could potentially renegotiate a plea deal for his client. The district attorney's office has the discretion to refile the case if there is a mistrial. But Serra said there are a number of reasons the prosecution might not file again, including economic.
On Monday, three jurors were dismissed following an all-day, individual questioning of all jurors in closed session after a note was received by the court that morning.
By the afternoon, Thompson had dismissed the three female jurors and replaced them with alternates. On Tuesday, she hinted that the booted jurors could be held in contempt of the court for violating a court order. It's not known why they were dismissed, but it could be related to communication issues.
Jurors have been repeatedly admonished to not discuss the case with anyone else except fellow jurors during deliberations. They are also not to do outside research or listen, read or watch any news media on the case.
Curtis Briggs, an attorney for Harris, told the media Wednesday they are confident the new jury can reach a decision.
"Every juror that was selected in this case are heroes," Briggs said. "They've dedicated a substantial part of their lives to this case. ... They deserve a lot of credit."
At least three jurors in the newly seated panel also sent notes this week to the judge about potential upcoming travel plans. At least one juror seems to have made these plans in the middle of deliberations, Aug. 10, and another made plans on June 7, when the defense was presenting its case during the trial. Thompson said in open court Wednesday morning that the jurors were told during jury selection to expect the case to go until October.
Thompson said she will wait until closer to those travel dates, and assess from there. The first requested travel dates could be as early as Sept. 9. The jury already will be off starting Thursday and returning Sept. 3, as agreed upon earlier to resolve scheduling conflicts.
