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Ghost Ship Trial Nearing End as Rebuttal Witnesses Take Stand

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The Ghost Ship warehouse as seen on June 17, 2019. (Stephanie Lister/KQED)

Prosecutors began calling rebuttal witnesses on Monday in the trial of two men who are each charged with 36 counts of involuntary manslaughter, stemming from the Ghost Ship warehouse fire that killed 35 concert-goers and one tenant in Oakland in 2016.

The defense rested on Thursday. Alameda County Superior Court Judge Trina Thompson said closing arguments are expected to begin on July 29 and to last three to four days.

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Alameda County Assistant District Attorney Casey Bates called Whitney Hameth, an agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives, to ask about interviews she conducted with Darold Leite, a former tenant of the Ghost Ship.

Leite testified on July 8 that he had heard bottles breaking and an argument near the time the Dec. 2, 2016, fire broke out, and that he had seen seven to eight men leaving in a hurry through the side exit.

But Hameth said Monday that Leite did not tell her anything regarding those events. Hameth testified she, along with other agents, had interviewed Leite on Dec. 3, 2016, and Dec. 5, 2016.

Defense attorney Curtis Briggs, who represents Max Harris, asked Hameth if she had specifically questioned Leite about hearing an argument or bottles breaking, to which she answered no.

The defense has argued that arson was the cause of the deadly blaze, possibly involving Molotov cocktails. Prosecutors argue that master tenant Derick Almena and Max Harris, who has been referred to as creative director or second-in-command, illegally converted the warehouse into an unsafe living space crammed full of flammable materials without proper safety measures like sprinklers, fire alarms or well-lit exits.

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Alameda County Deputy District Attorney Autrey James called Oakland police Officer Michael Erickson to the stand and asked him about responding to a potential arson fire on Sept. 26, 2014, outside the warehouse. Erickson said Almena had passed him a business card from Oakland Fire Department investigator Maria Sabatini on the morning of that fire.

Sabatini testified on May 22 that she did not enter the Ghost Ship the day of that suspected arson in 2014. But both Almena and his wife, Micah Allison, gave testimony contradicting that, saying Sabatini had entered the building to investigate any potential fire damage to the inside.

Sabatini's testimony had cast doubt on the defense's assertion that arson was the cause of the deadly 2016 blaze. Although the cause of the fire was never determined, Sabatini said investigators found no evidence of arson, nor did her team hear any witness accounts of the sound of breaking glass.

Prosecutors are expected to call two final rebuttal witnesses to the stand Tuesday.

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