Ghost Ship defendant denied jail release amid coronavirus fears

OAKLAND  — A judge on Friday rejected a bid by the defendant in the Ghost Ship warehouse fire case to be released from jail amid concerns over the spread of coronavirus.

Attorneys for Ghost Ship master tenant Derick Almena argued he should be removed from jail because of unspecified health conditions that make him particularly vulnerable if he contracts COVID-19.

But despite indicating Wednesday that she might release Almena from custody with the condition that he wear an ankle monitor, Alameda County Superior Court Judge Trina denied the motion in a teleconference between attorneys, according to the clerk’s office.

Instead, a new bail is going to be set, with some conditions, but the specifics may not be available until Monday, the clerk said. A source told this news organization the bail might be lowered from $750,000 to $150,000.

Almena is charged with 36 counts of involuntary manslaughter for the deaths of three dozen people who perished in the Dec. 2, 2016 Ghost Ship warehouse fire in East Oakland.

On Wednesday, the Alameda County District Attorney’s Office announced that Thompson suggested she would release Almena from jail on the condition he wear an ankle monitoring bracelet. The prosecution opposed the release, and asked that if he is freed he be ordered to avoid contact with any of the 36 victims’ families or witnesses in the case.

Almena’s attorney, Tony Serra, had previously filed a motion to to release Almena from jail because of health concerns surrounding the coronavirus. The motion was denied by Thompson last month, but since then at least 11 inmates at the jail have tested positive for COVID-19.

Almena’s defense team said he’s had a few health issues while in jail, including weight gain and pre-existing conditions that could endanger him if he contracted the virus.

Almena’s other defense attorney, Vincent Barrientos, told this news organization on Wednesday that a jail doctor who examined Almena determined his health had deteriorated during his incarceration.

“I don’t want to put words in his mouth,” Barrientos said, “but should a COVID outbreak occur in there, Almena would be in serious trouble.” The attorney said Almena “remains in a vulnerable state and his health is jeopardized every day he remains in custody.”

Thompson also ordered the prosecution and the defense attorneys not to speak to the media about the case.

Thompson issued similar gag orders last year during the first trial, where co-defendant Max Harris was acquitted; the jury could not reach a unanimous decision on Almena’s charges. Thompson gagged attorneys during a time when three jurors were dismissed for misconduct, and previously from January until the jury was sworn in April 2019.