Can the Scarecrow pull enough rabbits, balloon animals, horns, fairy dust and cow turds out of his magic pouch to secure his upstanding citizen of a client a mistrial or an acquittal? If he does, the co defendant will ride those coat tails.

Why weren't the owners charged?

going4roses said:

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Why weren't the owners charged?

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After reading this, good question:

https://www.google.com/amp/s/www.ktvu.com/amp/news/emails-show-ghost-ship-owners-knew-of-electrical-issues-2-investigates

https://www.google.com/amp/s/www.ktvu.com/amp/news/emails-show-ghost-ship-owners-knew-of-electrical-issues-2-investigates

Some reasons given here for no criminal charges:


"Dan Horowitz, a longtime criminal defense attorney in the San Francisco Bay Area who is not involved in the case, said it would be more difficult to convict Ng than the others who have been charged.

"You have to get into the owner's mind and that can get into a real gray area," Horowitz said. "The current charges are crisp, clean and clear the gross negligence of these guys is obvious and beyond belief." KRON4

Go after the low hanging fruit...

Tony Serra fun facts:

"Serra received a Bachelor of Arts degree in philosophy from Stanford University and a Juris Doctor degree from Boalt Hall at the University of California, Berkeley. While at law school, Serra was a contributor to the California Law Review

In 1970, Serra successfully defended Black Panther leader Huey Newton in a murder trial.
Serra has taken a vow of poverty and is known for living a frugal lifestyle and driving a run-down car.[9] He does not have a cell phone, a bank account or a credit card.[5] In a disciplinary hearing before the State Bar of California, Serra stated, " "I took an informal vow of poverty. I vowed that I would never take profit from the practice of law, that I would not buy anything new, that I would recycle everything, that I would own no properties - no stocks or bonds, no images of prosperity. I still drive an old junk of a car. I still barely make the rent each month; I have accumulated nothing by way of savings, and I live from hand to mouth."

All income from his cases is distributed to other lawyers except for a very small portion that he uses to pay rent and gas.

Serra has five children with Mary Edna Dineen, who raised them in a home that he called a "sprawling shack" in Bolinas, California.

Tony has two younger brothers: Richard Serra, a prominent sculptor, and Rudy Serra, also a noted artist.[12] Richard paid for the college educations of Tony's five children.@ Wikipedia

Tony in the late 1960's:

Thanks for that information I knew him by face but had no idea of his vow / oath. He definitely marches to his own drum.


Side note how is the city and fire dept not bearing the responsibility. I stay up 35th and I remember I could feel the heat radiating a mile an 1/2 away and the flames were visible so I assume they were 5-10 stories high. Sad for the loss of life.

State supreme court allows Ghost Ship lawsuit against Oakland to proceed

https://www.google.com/amp/s/www.mercurynews.com/2018/11/15/state-supreme-court-allows-ghost-ship-lawsuit-to-proceed/amp/

I presume trying to hold police and fire officials criminally liable would be a pretty tough case.

I see I see ... it appears a few different folks dropped the ball. I wonder how it will turn out

going4roses said:

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I see I see ... it appears a few different folks dropped the ball. I wonder how it will turn out

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Criminal case: Conviction or mistrial. Acquittal doubtful. Tony has blown a lot of smoke but presence of parents of deceased will pressure jury and Almena unable to hide his fundamental d@uchebagness.

Civil case: Oakland will be short some cash for social services because it is going to pay; Owners have squirreled assets down a rabbit hole is my hunch.

https://www.mercurynews.com/2019/08/12/no-verdict-in-ghost-ship-trial-after-six-days-of-deliberations/

Conviction chances not looking good. If it is a hung jury hopefully the DA refiles and tries to get a plea. I do not think Tony Serra or those two bearded, greasy curly haired, disco duck looking mother f@uckers representing Max Harris look to be around for a Round 2. Public Defender City from here out.

Hmm i see

So the second time around it sounds like convictions across the board.

I wonder how much who died plays a role in bringing/potentially refilling of this case if it's hung jury.

Who on the prosecution team dropped the ball? What's the conflict among the jurors?

Just as likely to be a hung jury the second time around. Nobody dropped the ball. The DA trying the case is solid. Problem is that the citizenry is generally weak sitting in judgment, turning that thumb down and feeding d@uchebags to the lions in a case like this. The OFD and OPD turning a blind eye to this obvious tinder box allowed defense attorneys to point fingers and cause doubt.There are some parents with some raw feelings. If those defendants ever get out, I would take the first bus out of town.

bearister said:

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Just as likely to be a hung jury the second time around. Nobody dropped the ball. The DA trying the case is solid. Problem is that the citizenry is generally weak sitting in judgment, turning that thumb down and feeding d@uchebags to the lions in a case like this. The OFD and OPD turning a blind eye to this obvious tinder box allowed defense attorneys to point fingers and cause doubt.There are some parents with some raw feelings. If those defendants ever get out, I would take the first bus out of town.

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Understood makes sense
Ouch? First bus out of town

going4roses said:

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bearister said:

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Just as likely to be a hung jury the second time around. Nobody dropped the ball. The DA trying the case is solid. Problem is that the citizenry is generally weak sitting in judgment, turning that thumb down and feeding d@uchebags to the lions in a case like this. The OFD and OPD turning a blind eye to this obvious tinder box allowed defense attorneys to point fingers and cause doubt.There are some parents with some raw feelings. If those defendants ever get out, I would take the first bus out of town.

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Understood makes sense
Ouch? First bus out of town

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When 72 people think that you killed their kid, generally good advice....especially nowadays.

bearister said:

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going4roses said:

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bearister said:

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Just as likely to be a hung jury the second time around. Nobody dropped the ball. The DA trying the case is solid. Problem is that the citizenry is generally weak sitting in judgment, turning that thumb down and feeding d@uchebags to the lions in a case like this. The OFD and OPD turning a blind eye to this obvious tinder box allowed defense attorneys to point fingers and cause doubt.There are some parents with some raw feelings. If those defendants ever get out, I would take the first bus out of town.

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Understood makes sense
Ouch? First bus out of town

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When 72 people think that you killed their kid, generally good advice....especially nowadays.

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Great point

Tony Serra said he is "anguished" by the jury's withdrawal of its request to have Almena's testimony reread.



g4r, we workin' this two man thread hard!

bearister said:

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Tony Serra said he is "anguished" by the jury's withdrawal of its request to have Almena's testimony reread.



g4r, we workin' this two man thread hard!

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Ahhh shhhh

Officials say three jurors in the Ghost Ship trial have been dismissed and replaced with alternates.

https://abc7news.com/ghost-ship-trial-3-jurors-dismissed-replaced-with-alternates/5478720/

bearister said:

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Officials say three jurors in the Ghost Ship trial have been dismissed and replaced with alternates.

https://abc7news.com/ghost-ship-trial-3-jurors-dismissed-replaced-with-alternates/5478720/

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Sounds like a rough time in the jury room. Ten days deliberations without a verdict and now start over with three new jurors. At least it isn't a death penalty case, with all the angst that goes into making that decision.

Misconduct:

https://abc7news.com/ghost-ship-trial-3-jurors-dismissed-replaced-with-alternates/5478720/

Damn ... who's favor does this benefit?

going4roses said:

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Damn ... who's favor does this benefit?

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Since it takes discipline and at least some integrity to reach a unanimous verdict one way or the other, and seeing that it is starting to look like a free wheeling **** show, methinks Tony Serra is losing some of his angst. It looks like a hung jury to me. The best we may get from all this is that POS Almena looks like he has gained 70 pounds in lock up.

https://sfist.com/2019/08/20/ghost-ship-defense-attorneys-move-for-mistrial-as-judge-holds-two-dismissed-in-contempt/

https://www.nbcbayarea.com/on-air/as-seen-on/Ghost-Ship-Trial_-Jury-to-Resume-Deliberations-After-Break_Bay-Area-559225402.html

going4roses said:

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https://www.nbcbayarea.com/on-air/as-seen-on/Ghost-Ship-Trial_-Jury-to-Resume-Deliberations-After-Break_Bay-Area-559225402.html

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Conviction chances looking a whisker south of Tony Serra's teeth.

bearister said:

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going4roses said:

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https://www.nbcbayarea.com/on-air/as-seen-on/Ghost-Ship-Trial_-Jury-to-Resume-Deliberations-After-Break_Bay-Area-559225402.html

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Conviction chances looking a whisker south of Tony Serra's teeth.

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OmFG

OAKLAND, Calif. (KGO) -- The jury in the Ghost Ship trial has acquitted defendant Max Harris on 36 counts of involuntary manslaughter. The jury is hung on master tenant Derick Almena. KGO

I guess the original plea agreement was the best they could get.

The judge has declared a mistrial for Derick Almena after the jury was deadlocked 10-2.

The jury foreman says they voted 10-2 in favor of guilt for Almena but couldn't break the deadlock with multiple votes.

Watch for that demon to re plea.

Well damn I just got out of class since 930 whoa...

What was the discrepancy?

going4roses said:

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Well damn I just got out of class since 930 whoa...

What was the discrepancy?

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As of the time of this post I don't know if the two hold outs that would not vote guilty have given any explanation. My speculation is they felt the OPD and OFD were scape goating Almena.

bearister said:

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going4roses said:

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Well damn I just got out of class since 930 whoa...

What was the discrepancy?

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As of the time of this post I don't know if the two hold outs that would not vote guilty have given any explanation. My speculation is they felt the OPD and OFD were scape goating Almena.

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That was my feeling from the night fire, I could feel the heat 3/4 of a mile away

Don't start in on OPD because I have a bunch of smack to talk, from up close and personal observations, including social stuff. OPD is still under federal conservatorship, 18 years later.

Another Bear said:

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Don't start in on OPD because I have a bunch of smack to talk, from up close and personal observations, including social stuff. OPD is still under federal conservatorship, 18 years later.

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Do tell ...