Ghost Ship Defendant's Wife Says Law Enforcement Had Been Through Warehouse Many Times

Updated Wednesday, June 26, 1:50 p.m.

Micah Allison, the wife of Ghost Ship trial defendant Derick Almena, testified Tuesday that Oakland law enforcement officials and fire department personnel had passed through the Ghost Ship warehouse many times in the years leading up to the Dec. 2, 2016 blaze that killed 36 people.

Under questioning from Tony Serra, who represents master tenant Almena, Allison testified Oakland Fire investigator Maria Sabatini had visited the warehouse following a September 2014 arson fire that was climbing the outside of the warehouse.

Allison's testimony contradicts testimony Sabatini gave on May 21 in which Sabatini said she did not enter the warehouse following the 2014 fire.

Allison said Sabatini had entered the warehouse after the fire department put out that fire out to check if the interior was safe.

She said Sabatini walked through the lower level of the warehouse, up through the back stairs and then down through the front stairs. Allison said Sabatini had positive things to say about the warehouse, and had crossed herself in front of an image of Jesus.

Allison also said Tuesday that police officers and Child Protective Services individuals had been through the warehouse a number of times. She said CPS had been there to make sure the building was safe for her three children, who she has with Almena. She said CPS had never asked them to make changes to the building. She also testified that building inspectors had never visited the warehouse leading up to the 2016 fire, and that no agency had issued notice about code violations.

Although the cause of the deadly 2016 fire was never determined, Sabatini’s testimony from May 21 cast doubt that the blaze was caused by arson. The defense has argued arson was the cause of the blaze, and that neither Almena nor co-defendant Max Harris could have done anything to prevent it.

Prosecutors argue that Almena and Harris, who has been described as creative director of the warehouse, illegally converted the warehouse into an unsafe living space stuffed with flammable materials and lacking proper safety measures like fire alarms, well-lit exits and sprinkler systems, making them criminally liable.

Almena and Harris each face 36 counts of involuntary manslaughter stemming from the 2016 blaze, which occurred during an electronic music event.

Allison’s testimony on Tuesday began emotionally as she sat next to a large image of her family taken approximately six years earlier, which included Almena and their three children.

“That’s my family,” said Allison crying after Serra asked her to describe the photo.

Allison told Serra a number of safety improvements had been made at the building, including the removal of grates from the second-floor windows and the installation of a side door and front stairs. She said there were rules against smoking and open flames, including burning candles, in the building.

Alameda County Assistant District Attorney Casey Bates asked Allison during cross-examination Tuesday why there was a rule against open flames in the warehouse, and whether it was because the warehouse was a "combustible structure." Allison said the rule was implemented "for added safety." Asked if the "vast majority" of materials in the warehouse was wood or flammable, Allison said the interior was made up of "a lot of different materials."

Serra asked whether requests had been made to the landlords to make fire safety improvements to the building, to which Allison answered yes. She testified that Kai Ng, son of landlord Chor Ng, had visited the building at least three or four times in the years they had lived there, and that those visits occurred while others were living in the Ghost Ship at the time. She said the landlords had never personally told her to bring the building up to code.

Bates asked Allison during cross-examination if a number of modifications to the warehouse, including opening up a large hole in the second-level floor, had the required permits, to which she replied no. She also said inspections of those modifications didn't happen.

When asked by Serra how rent was established for tenants of the warehouse, Allison described it as "an organic process."

"It depended on the person and on what they could afford and the space," Allison said. She also testified that Almena set up arrangements with tenants to do house work, including cleaning, in exchange for reduced rent.

When Bates asked Allison who was responsible for interviewing potential tenants, she said, "Everybody, whoever was available." She said the interviewers typically included herself, Harris, Almena and sometimes others. She said three to four people would typically participate in the interview.

Allison said she and her husband generally shared a similar vision for the warehouse, as a space to create art and host theater, dance classes and workshops. She described it as a place “where traditional arts could be learned” and where experimental and multimedia art could be created inspired by traditional arts.

Allison also said Almena didn’t profit from events that were held in the warehouse.

Tyler Smith, who represents Harris, asked Allison if Harris had ever bossed anyone around, established rent, established live-work relationships or hired anyone from outside to make improvements to the warehouse. She said he hadn't.

Curtis Briggs, who also represents Harris, said these were several of the reasons his client should be acquitted.

Cross Examination of Allison Continues Wednesday; Two Defense Witnesses Testify

Under continued cross-examination by Bates on Wednesday, Allison reaffirmed that Sabatini arrived at the warehouse at approximately 10:00 a.m. to inspect the warehouse following a September 2014 couch fire outside of the warehouse. She said four to five other firefighters had also entered the warehouse.

Bates also asked Allison to identify fire escapes in a series of pictures of the Ghost Ship exterior, to which she said they were not visible. Under Bates' questioning, Allison indicated that only roof access was available.

Tony Serra called Thomas Cappel to the stand Wednesday. Cappel said he has been a friend of Almena's for 20 years, and had visited the Ghost Ship four to five times. Cappel described the warehouse as being undesirable when he first visited, but that later it became beautiful.

Asked by Serra if he ever felt like the warehouse was a fire hazard, Cappel said no. Under cross-examination from Alameda County Deputy District Attorney Autrey James, Cappel said he didn't know if the Ghost Ship had smoke detectors, alarms or sprinkler systems.

Serra also called on Daniel Keenan, who has been an Oakland firefighter since 1991.

Keenan testified he had helped his daughter move out of the warehouse in December 2013. Keenan said we went into the warehouse once to help her move a refrigerator out. He said he didn't find the warehouse to be cluttered at the time and didn't perceive any hazards in the warehouse.

This story includes reporting from Bay City News.