OAKLAND (CBS SF) -- The revised jury panel in the trial of Ghost Ship warehouse master tenant Derick Almena and creative director Max Harris didn't reach a verdict in its second full day of deliberations on Wednesday and won't return until the day after Labor Day.
Almena, 49, and Harris, 29, are charged with 36 counts of involuntary manslaughter for a fire at a music party at the 10,000-square-foot warehouse in the 1300 block of 31st Avenue in Oakland's Fruitvale district, which served as an artists' collective, that killed 36 people the night of Dec. 2, 2016.
The lengthy case, which began on April 30, was submitted to jurors on July 31 but on Monday, their 10th day of deliberations, Alameda County Superior Court Judge Trina Thompson dismissed three jurors for alleged misconduct, replaced them with three alternates and ordered the panel to start deliberating from scratch.
Thompson hasn't disclosed the nature of the alleged misconduct, but in her comments to attorneys in hearings outside the presence of jurors she has indicated that it may be for violating her admonishment to jurors not to read materials outside the scope of the evidence in the trial and not to discuss the case outside the deliberating room, even with other jurors.
At the beginning of the case Thompson scheduled a lengthy break from Thursday until Sept. 3 so that jurors have time to transport their children to college.
The jury's after Labor Day week remains unclear, as many jurors have made requests for additional days off in September and October, even though Thompson warned them at the beginning of the case that it might last until the end of October.
If approved, the defense attorneys believe that would put more pressure on the jurors to reach a verdict.
"It's been a grind for everyone. It's been stressful for everybody," said Tyler Smith, attorney for Max Harris. "But we know and we're confident and we want them to get it right. We don't want anyone rushed."
- COMPLETE COVERAGE: Deadly Ghost Ship Fire
At a hearing on Wednesday Thompson said one juror wants to be off from Sept. 9 to Sept. 14, another wants to be off from Sept 19 to Oct. 5 and a third wants to be off from Sept. 26 to Oct. 2.
Thompson said she would deal with those requests as those dates approach if a verdict isn't reached by then.
The judge also said she has modified the gag order she imposed on Monday barring the attorneys in the case from talking to the news media.
However, Thompson said lawyers in the case are still barred from talking about closed hearings she held on Monday to discuss the alleged juror misconduct.
Thompson said on Tuesday that she has initiated contempt of court proceedings against two of the three dismissed jurors for allegedly not obeying her instructions to them.
On Wednesday Thompson strongly warned the attorneys not to disclose what was said in the closed hearings.
"Anything said in closed session shall not discussed in the public area," she said. "A violation of my order can result in contempt."
Repeating her admonishment twice to emphasize her point, Thompson told the attorneys, "Do not flirt with that issue. Do not flirt with that issue."
Defense attorney Tony Serra said he believes the dismissal of the three jurors could hurt the case for the defendants.
"In my opinion, at least two of the three, [were] very favorable to the defense," said Serra. "But I can't comment any further in that area. So the new jurors who have been substituted in, they're probably neutral at this time."
Some of the fire victims' family members came to the Rene C. Davidson Courthouse, where the trial is taking place, on Wednesday afternoon in case a verdict was reached but they declined to comment when they left at the end of the day.
Da Lin contributed to this report
© Copyright 2019 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Bay City News Service contributed to this report.
for more features.