tonight on kqed newsroom, the high profile ghost ship warehouse trial comes to a sudden and. acquittal for one of defendant in a mistrial for the e other. next democratic debate is next week. if the democratic party to fractu president trump? we will hear from congreman and former presidential candidateic, er is opening night for the warriors, new billion-dollar waterfront arena in san francisco. it's not all glitz and glamour. welcome to kqed newsom. we begin tonight with the verdict in the moh-long ghost ship trial. is stems from the warehouse fire the claimed 36 lives in oakland in december 2016. yesterday, jewny handed a mixed verdict. at they ruled th max harris, not guilty, but did not[

indiscernible ] alameda judge trina thompson declared a mistrial for one man. they faced 36 counts of involuntary manslaughter and up toars in prison if convicted. with us w is don clyde, who was in the courtroom yesterday when the verdict wadelivered. joining us from cambridge, massachusetts, law professor, thank you for being with us. tell me about it. the courtroom, you cover this trial since day one. what was the emotion in there? what was e pact? cement before the verdict was read, you can see the , victims familithe relatives were cryingg they were passtissues amongst themselves. when the verdict was read for harris as not guilty, was stood

t was one woman in particular, put her head in her hands, and was shing back and rth like him i cannot believe this was happening. >> people did expect a conviction. when the mistrial was nounced for derick almena, there was a collected gasp of the victims. there was a real sense of shock that there watino conv for him. >> walk us through this. there were families and supporters of the victims, course. what was the jury's reaction? to read through many things. ey what were doing? what were thg?r expressions? >> the jury read took a few minutes by the court reporter. there was not a lot of expression from the jury. >> there was one row of supporters for the fendants. and >> there were many supporters for harris.

he had been there for many of the days of the trial. they hugged, they cried, and they we elated after the verdict was read let's bring in some lega background. were you surprised? i preface everything, nothing was surprising in the five month-long trial. were you surprised at the verdict? >> really,we know this was a pretty difficult and complicated trial, not only because it is a e trial pertaiibng to a ho tragedy, but because there are so many issues, social issues, political issues surrounding what happened here. it was so complex. it could have gone anyway. >> what comes next? october 4 is a big date on the calendar, when they go backto court in terms of derick almena. max harris walked out of jail laco night. whats next for derick almena from a legal standpoint

?:there is a difference between an acquittal and a hung jury and acquittal is the end of the line. of the jury acquits someone, and the jury is a black box, we don't know why they decided what theydecided, the prosecutn cannot appeal that. however, when we have a hung jury, that means the jury was unable to reach a decision. in this case, 10 jurors were leaning toward nvicting, two are leaning toward acquitting, and theycould not reach a verdict. in that case, it ssis dis, without prejudice. that means, the prosecution can retry the person. the bigger question is, e shoul prosecution retry the person? is it worthwhile? is it a good idea? is it the right thing o.to that will have to be decided within the das office. there will be wia hearing all parties to determine how to proceed. >> is there possibility of a we reached one last year mistrial and it was run out. but they reach another one for

derick almena? >> absolutely. this is the possibility. the prosecutor foresees a situation where they will encounter many hurdles in the trial, we thknow that jury will eventually decide that the cases are homogenized. the jurors were bumped off and replaced with alternates. there were many surprising things and twists in the jury plot in this case. the prosecutor may not want to take that risk or could offer derick almena a plea deal. this is a sure ththing. this is a lesser penalty. just take this. there is no trial. is less risky for derick to take the deal. t decide inspected they dropped the ball? did the district torney lose is ase? >> without knowing what happened in the jury room, it is impossible to answer this question. at is special about juries, as opposed to the legal system where there are professional judges, juries don't to lane

why they did what they did. r we will nereally know what happened in that room. even if we hear from a juror or two, what happed, we will never hear the story from the perspective of all 15 people involved. we will not know, is there some theory about the defense posited? we know they weretrying to advance a theory that involves complicit responsibilitya part ofe city. we know they suggested the possibility of arson. we know that there are many questions floating, is this g e right thto do? we know int the contof max harris, his close friends with many of the people that died. the tragedy is a tragedy for him as well. is this the right thing? one decent prosecutorial thing, sometimes we don't prosecute them because we come to the th idea they've suffered enough. there are many things going on here. i don't think it can be attribe ed to one isor another.

:there are so many layers to the story. let's get you back in here. we have so many twists and turns of this trial. you were there, boots on the ground. what happened oswith three female jurors that were taken off the jury a few weeks ago and replaced? thdo we know back story of why they were taken off?:they were removed for misconduct on august 19. outsidof court, tony úthat one of thjurors had said reached t to a firefighter, who is not involved with the case, and was seeking information. that is strictly forbidden. is not entirelyclear how e other ones are wrapped in there. they could have been communicating. that is what happened. st they created ss. suddenly, we had only one alternate juror remaining in this case. >> we see so much of the this is muchmore complex. . we talabout the gentrification in oakland across the bay area. many artist live there. is not just one ghost ship

warehouse. there similar warehod,es in oaklright? that is exactly right. gentrification is a big issue in oakland. the cost of rent is increasing, especially since his event . 20 i've talked to several kqed arts reporters and collgues, the say the cost e of rent is úprohibitive, that certain events and venues, and places lie ghost ship are being driven underground. they can create more safety issues. >> is this the onus on oakland moving forward, in terms of how they supervise and legislate one of the lawyers for max harris, saidthis is on oakland s to fix the city when it comes to housing. student the question is, what does fix the city mean? some sense, to create on building regulacodes, and more supervision, will ve lives. that is what we want. many people in oakland do not

want the special character of oakland to go away. we are seeing, starts in san francisco and goes to oakland. it is pushing into the entire bay area. these are issues that the entireay area will ve to contend with. the question of, as being safe have to come at the expense of lothng character? ise some way that we can affordably live in thescities em without becoming museums for the rich? >> warmer question, let's move forward with the civil lawsuit that is in process. what you expect to see now? make the important thing to keep in mind, even though a conviction in criminal law be would have useful for the civil lawsuit, the civil lawsuit can't proceed independently. member the civil lawsuit y against o.j. simpson, who was acquitted of the murder of his wife. he was fod liable topay damages. the issue here is that these two people do not havedeep pockets, not even nearly deep enough to offer monetary compensation, even if that is

possible. their interesting questions as to if there is the pursuit of civil damages, shouldn't ththey addresvarious other parties that may be complicit in what happened here? >> thatmight require closure for the families. thank you for joining us from uc hastings school of law. thank you for your time. it keeps happening on sunday, gunmen in west texas went on a shooting spree, killing seven and wounding 22 others, including a 17-month- old toddler. ange. ime, there was some walmart announced they would stop selling ammunition for handguns and assault rifles and what discourages customers from openly carrying firearms in their stores. while the nra denounced the moveothers applauded it, including lawmaker. before dropping out of the presidential ce in july, congressman eric swalwell made gun control a defining s ature of campaign.

congressman eric swalwell joins us now. he serv on the house intelligence and judiciary committees. it's great to have you studio. will talk about gun control. u are leading e charge in many ways about this. i do have to ask, the next tomatoes next week, and you are just in the fire. how exhilarating, or how exhausting with the process? >> it is e hilarating. you on the stage with people that you admire. some of them are my friends. i got to the weddings of three of the people thatwere runnin for president. that was weird, to be on a debate stage was some of them. i ran for president, primaril because i wanted to make and a gun violencea a top priority. i use that debate stage opportunity to ask the runners, joe den, and sanders, they would endorse my ban and buyback plan on assault weapons. they did said they would. they took a public position that. our own senator a in california, kamala harris, said she supported the plan well.

it was a cup of coffeeof the campaign. i wish i was still in it. we did make our mark on the issue. other candidates continue to support a ban and buyback. i'm llconfident we get there. >> we can analyze the cornerback situation of what win happen on next thurusay in n, texas, with estimate. what you see is an analyst, not a congressman or presidential candidates, but i analyst, and how is joe biden vulnerable? >> yet to make a case r change. most elections, when you need a sitting president, does not happen often. is due to tichanged el. it was really george bush, jimmy carter, in , our lifetime that is where that happened. it was change agents that came in. being the stable, adult in the room, is sothing that vice president joe biden brings. people want to know, how you you change the issue of gun

violence? how do you change the economy oors, but not most other top floors? what he did for the folks at student loan debt and arudinic financial and? >> this is what molly harris and other senators, many candidates, is that where they will go at him? >> they are generational change candidates. they are offering a different way of governing. the argument provided is not a bad one. he is a threat to the with president trump. you somebody that you know who is an adt and can handle the úissues. it will be exciting to watch. >> one of these debates is next year, but it's campaign season, was your clip. it was your interaction with joe biden and thone of previous debates, where you said, you went at him pretty firmly about passing the torch. i want to reaction. spent joe biden wa he said it was time to pass the ericans 32 years ago. n of

he is still right today. if we solve the issues of our nation, pass the torch. if we solve the issues of climate cast, pass the torch. if we solve the issue t of studan debt, pass the torch. if we and gun violence of parents that are scared to center kids to school, pass the torch. >> pass the torch. the front runneril has a torch. what happens now? maggie does. he is on the debate stage, and i'm not. accredited him. this may not be a pass the pa torch election. it looks like the electorate do donald trump as such a threat, i think they want to know wiand go someone they know. you see that with harris, warren, and joe biden. that is why they are hanging there. i still believe, voters want to know what you will d differently. many of the problems have ttrsistehey've worse. ttrsisted. even on climate, student loan

debt, gun violence, republican and democratic administrations have failed to address this. someone want to convince the american people that this will . be differe reporter: is that shooting is of the foot by going too far left? in 1972 election, you go so far left, you isolate everyone in the middle, and donald trump takes the office again? :i think somuch of this election will be about exhaustion. people are tired of his crap. we cannot continue to do this. this last week, he took a hurricane and somehow found a way to make it worse. i do understand the concern about policies, and going left. i think a loof thisis about, going back to worrying about r own jobs and not worrying person is doing in the oval he office. that's hard to measure. it's hard to figure out which policy wou be favorable not. i think a lot of this is the exhaustion he's put us through. >> it will be a fascinating several months. let's talk in terms of brthg

ou sog to the table, the gun control. this week, the board of supervisors declared the nra, quote, domestic terrorism organization. that something that there are some ereth? they are in ablating enabling school shooters and church shooters. this is the absolute inflexibility to support any changewsto gun do you agree with that? i guess i do. >> that's a heavy statement. the nra is a terrorist organization? >> they are not in line with the members. the members, 70% them support having background checks . the leadership will not even support that. they fund members of congress in such a way that they put this fear ulthat there be a penalty to pay. here's a good news. they are on the ropes. workingon thmidterm elections, they are a vocal, bullying, tweeting minority. if you can distinguish the noise from the gnal, and

recognize that it is a few peopat really care about the issue, they will threaten and bowling you, but they don't represthe moms or the students, or where most people are, you can find the courage to do what is right. >> we can talk about this, t what wiit take to get something done? >> we've got more done than we giveurselves credit for. 17 nra endorsed members of congress lost in the last election. that is the post parkland groups that came forward, thand beat in kansas, iowa, and texas. look at what the moms are doing right now. they're saying, we have walmart, walgreenve we have cvs, we have different retailers saying, they will not allow op carry intheir stores. we are not powerless. locally, in the past, vocal jurisdiction like boards of ha supervisor been afraid to take on the nra. you know you will get sued. you may have a law that is

lawful, but the ty attorney or county attorney do this, it will be millions of dollars in litigation against the onnra. we want do that with taxpayer dollars. the nra is spread so thin, i think we should put our foot on the gas, start passing more local laws. >> what is next for you? i know you go back washington, d.c. what is next? will lead on this issue of gun safety and push my colleagues of the mocratic party believe we don't have to incrementally take this issue on. background checks should be the floor, not the ceiling, we can ban and purchasesa t weapons. in have red flag laws. you can hold manufacturers liable. let's not be afraid of the nra. we have momentum right now. >> thank you for your time. beginning tonight, san francisco, specifically, the mission bay neighborhood, will change forever. they have the opening-night of a glistening, $1.4billion . waterfront arena, built, financed, and controlled by the úgolden state warriors. this is more than a basketball

arena. this is an entertainment of of san fransco. they wanto host 200 events each year. this is emblematic of current bay san francisco, playground for the rich and powerful, down the block from homeless encampment. joining me now, the chief operating officer, rick phelps. welcome to the shon. congratula i say this, getting anything done in the city an county of san francisco can be challenging. i being polite >> thank you. we never miss the opportunity to hang out with you. any project of this magnitud in san francisco has some hurds to cross. >> because of time purposes, what was the biggest hurdle that you faced in getting this privately financed arena done? >> we had to ensure that the neighbors were comfortable with the pl. the biggest neighbors are u cfs. they operate hospitals and have medical care for people.

the whole biotech community has grown up eain that and the residents. this is a big residential neighborhood. we had to find a th that everyone could agree on would protect the interest of everyone in the neighborhood, while alsooing everything that one of these amazing arenas can do. that was thbiggest challenge. >> you talk about all the centers, drive down there today, tomrrow, and yesterday, and it is problematic and congested alrea y. this is question you asked over and over. what is the real answer st people getting in and out before the central subway it is 2019. lt? all the great new arenas that are being built today are built in the mo dense, urban environments. that is the place that isthe ib most acce to the most people. that is where they do the most for the communities in which they reside. i wish e warriors could solve n ancisco's traffic problems. we can't. w have good ideas that will help people get there. we are a public transportation first building. everything we message out there is to please take public

transporation.it will get bette we are starting with this area. this is a stop right on . the si it has expanded and doubled the size of that. we can load 1600 people at a time on 4, two car trains postgame. it is free to ride on any event day. the worst game, concert, whatever it is, your ticket that event is good for free transportation.:this is a cultural shift that you are asking people to make. when i go to the mes, drive. when my neighbors go, we are in& california, you're asking for cultural sft. is. t only that, but it will be an experienced shift. at oracle arena , we wein arena in the middle of a giant parking lot on an interstate highway. everybody arrived at the me ere was nothing else to do except for walk in the arena. you ate in the arena. thatompletely changes now. this is operating 365 days r year.

it is not just an arena. we are creating 29 retail restaurant opportunities on site over the course of is year. there is 3.5 acres of public space. we have public art to icjoy. where putransportation at the front door. you can ride two hours early and stayed two hours late and have a different experience than what people are used ngto ha >> you know the nba and have worked in the league from the front office. this is bitterswd.t, leaving oakl it was such logood la and tenant situation, but the soul of the warriors had so much to do with oakland. er you feel bieet leaving the community? i know you're going across bay. do you feel bittersweet?:we spent a yearatceleg the 47 year history. we are bring you with us. number one, the people, we do not know how many people would come with us from the audience wehad a oracle arena e to chase center. we were thrilled that 70% ofas the seon-ticket holders are coming with us most of the audiences the same

úarena. hat were in oracle we unched the town jersey 3 years ago. we will continue to celebrate oakland with the townjersey, wearing that it san francisco. we are creating a new court the celebrate oakland. we have a banner. it is oakland. it is 47. it will always hang to celebrate her history there. >> what about the vibe? do you fear you will ss out on the five of the east the warriors games were special. you went outside of the game, win or lose, there's a dj spinning of people dancing. we feel that it san francisco? >> yes if you want to bake somebodies, fried chicken sandwich, that is in oracle arena. if you want to go to the belly restaurant, vewe will a belly restaurantat that site. if you want to muralist from oakland, you will find that in the main ccourse. we will be a local team. we have one foot the east

side. we are repurposing the former headquarters in downtown, oakland. we are taking our practicetu facility and ing it into the biggest basketball teaching place for kids, anywhere. we are taking our business office and giving those to rriors community foundation. e we have a headters in oakld, as well as in san francisc. >> we talk about you being a san francisco resident. this is the juxtaposition. this is not an issue on you are the warriors. we are building a billion- dining room, it's on the same street or block, there are homeless encampments. had we apoach this? this is a societal issue. >> it is. we are sympathetic as every other resident and every other business in san francisco. we know we need to do better. that's not just the warriors, that is the city's job. the tax dollars that we generate, will hopefully help will improve the life of

people. as far as this e idea that buildings for the rich, it is not. i talk s out the nbrobin hood theory of pricing. there are few people that will pay anincredible amount of money for ofe tickets. that does enable us to keep prices in the building much more moderate than they would be without those people. ere's something for everybody. every seat at oracle arena has a restaurant, it club am associated with it. we serve exactly the same food on the main concourse as we do at thtop of this area. this is an experience that we have to be sensitive to. our fans faare everybody. we need everybody to come to oracle and enjoy the games and a concerts. to talk basketball? make sure. >> what happened to kevin durant? what was nve last coersation? did he call up you guys, as a, guys, oui' did u text guys? >> that was a conversation with bob myers. we wish him well.

we won two championships with him. one thini'm most proud about, and is indicative of how we treat the players, when you go to oracle arena, or when you go to chase center, joe announced that we are retiring his numbert 35. is for the warriors. when you look at the original our work, we have great art throughout the arena. you will see a lot of kevin durant. we will celebrate him forever. athe was part of the team and o championships. we did win attempted before he got there. those key guys are still there. i think we are better suited in the underdog role, then we are in a favored role. >> i'm guessing, many people around the league love the fact dominant, in theory, with key injuries. yet to come at it. >> wethwill. team is excited. with bob myers and they're able to do to retool, immediately, úhave eight new players. e, we

we also have 4 all-stars. no other team a in the will put 4 all-stars out there. co clay wil in later the season. we can hang in there be competitive through the first half, when he comeback, we can make things pretty interesting for people in the layoffs. ng for people in the >> good luck this season. by the way,get out here, you have metallica and the symphony coming tonight.:i heard you are going. >> i am. thit will do for us. you can find more of our coverage at kqed.org. thank you for joining us.

pete: an indelible debate over the forecaster in chief. robert costa is away on assignment. i'm pete williams. welcome to "washington week." legislative sint, congress returns from its summer recess government shutdown october 1st. a fight over fire arms. after so many mass shootings, will congress do something to address gunnngiolence? wall. the pent gob is -- pentagon isd rting billions. and the house democrats are investigating whether prheeside trump is on those who do