of million dollars of tax payer's money possibly down the tube if we acquit max harris. harris">...in oakland haaziq madyun kron4news christopher florio is a conductor at california youth symphony but it wasn't palo alto police who arrested him but san jose police investigators accuse him of inappropriate sexual conversations with a minor while working as a music teacher at harker upper school in san josethey actually started investigating florio back in june but finally decided they had enough evidence to arrest him yesterday we haven't heard from harker upper school but typically in cases like these a district places a teacher on paid administrative leave while they conduct their investigation to protect the kidsno word also on what california youth symphony will do with florio now that he has been arrested week.most of next normal for most of next week.most of next normal for will be near temperatures by monday. much cooler by monday. temperatures will be near normal for most of next week. joe beach: "i don't know why he would want to kill her, the wife and the two ki

but we have not heard from max harris. so this is one of the first times that we'll hear from him. >> you've been talking with oakland's new fire chief and marshal. give us a preview of what that conversation might look like. >> it's been 18 months since the ghost ship warehouse. and people are asking what oakland has done, really done make sure this tragedy does not happen again? we found out they're still uncovering the inspection process one year after the ghost ship warehouse. they released a report that there are is 1,000 backlog inspections. and the fire marshal said that he doesn't know where that number came from. and the person that created the number of backlogs. he doesn't know and that person is no longer with the city. so that raised red flags with us. and we're asking what steps they are doing to move forward, technology, hiring and we asked them those specific questions about what other steps are we taking. >> there is body camera that officer has visited the ghost ship warehouse. but there are concerns that

rest assured that we will seize on those weaknesses at jury trail">sot briggs/attorney for max harris: "well the county's is going harris: "well the county's is going to pay for it">due to the complicated nature of the case judge kramer previously appointed private defense attorney curtis briggs as max harris' counsel at the expense of alameda countysotboth sides will return to court on september 9th to schedule a trial date. that will be followed by a november 2nd hearing of motion to change venues...in oakland haaziq madyun kron4news ( marty ) coming up on the kron 4 morning news.... a new lawsuit against bart ... following the stabbing death of nia wilson. ( marty )plus... a man caught on camera using the sidewalk as a restroom. we hear from the bay area business

' counsel at the expense of alameda countysotbriggs/attorney for max harris: "the county pays my fees and that's another thing i think needs to be taken into consideration, the tax payers are funding this. you know the victim's families suffered a horrible tragedy but it doesn't mean they get a blank check to try a case that's weak. i mean this case is weak by the d.a.'s own admission. this case was settled out of a minimal amount of time but because they can't handle the pressure and the push back of the families they're going to put a couple of million dollars of tax payer's money possibly down the tube if we acquit max harris. i think we can acquit max harris">both sides will return to court on september 9th to schedule a trial date. that will be followed by a november 2nd hearing of motion to change venues...in oakland haaziq madyun kron4news (pam) there was a memorial service in vacaville today .... for thec-h-p officer killed august 10th during a traffic stop... hundreds gathered to remember officer kirk griss ... including fellow c-h-p officers from all over

i think we can acquit max harris">both sides will return to court on september 9th to schedule a trialbe followed by a november 2nd hearing of motion to change venues...in oakland haaziq madyun kron4news (pam) a california judge is ordering a mental evaluation ... for the man accused of starting the holy fire in southern california. forrest gordon clark was in court this morning. in court today -- clark said, he was not guilty and he then continued to ramble. after several outbursts ... his arraignment was suspended. the 51- year old is accused of igniting the nearly 23- thousand acre fire ..that prompted thousands of residents to evacuate their homes. that fire is now 85 -percent contained. a live look outside tonight lawrence has the forecast into the weekend.. lawrence karnow: it was a bright and sunny day for most of the bay area. highs soared inland with mid 90s but cool 60s with patchy fog at the coast. it will be a beautiful evening with a light breeze and mild to warm temperatures. it much quieter on the doppler radar with only a few showers over the sierra. on the satellite yo

on the other hand, people like derick almena and max harris are not thinking. they're not planning for the future. so it's hard to know how you would dissuade people like that. regardless, this sentence is bankrupt. >> reporter: the hearing will resume tomorrow morning around 9:30 when the family members for the defense side will ask the judge for leniency. i understand max harris plans to address the family members, the victims' family members. we don't know whether almena will talk. as for whether the judge will change the sentencing or dismiss this previously brokered plea deal, it's unlikely because a different judge had brokered this deal, but we shall see tomorrow. live in oakland, i'm da lin, kpix5. >>> we're learning some new details in that house fire in vallejo that killed a mom and her twin teenage girls. investigators now say 47-year- old mau dao set herself on fire and that ignited the family home on georgia street early sunday morning. she and her 14-year-old twin daughters died in that blaze. a third 11-year-old daughter escaped. police are now c

attorney for not taking this case to a trial and for agreeing to the terms of the plea deal that both max harris and derek almena agreed to. they came from south korea to take part in day one of the sentencing hearing. almena was the warehouse master tenant and harris lived in the warehouse and collected rent. both pleaded no contest to 36 counts of involuntary manslaughter and they sat through five hours of emotional testimony and derek almena faced each person at times appearing to get teary eyed when a woman named leslie moran described the moment she had to break the news to her 4-year-old twins that their father alex sassan had died. one of the girls replied why didn't that building have a smoke alarm. many family members said they should not be the only ones held accountable for this. they argued the building's owner and the city of oakland and pg&e acted negligently as well. >> this sentence is unfair. its unbalanced and it is negligent and doesn't help the city or the state or the people of california. >> reporter: both almena and harris have been in custody for more than a year and the

the attorney for max harris wants to separate his client's case from that of derick almena's. a judge rejected a plea deal between prosecutors and the two men on friday. he said almena wasn't remorseful enough and ordered the case to go to trial. harris and almena face 36 counts of involuntary manslaughter. harris' attorney plans to make a motion to separate the cases at a hearing tomorrow. >> based on even what a lot of the victims' families said, max harris was in a much different position than almena. max harris saved lives that night, took immediate accountability and cooperated. >> almena's attorneys are considering whether to request a change of venue for the trial. >>> a former santa clara city councilman who is a high school teacher will not face charges following accusations of sexual harassment. the district attorney's office says there is insufficient evidence against dominic caserta. he resigned from the santa clara city council and withdrew from the county supervisor race after several women said he behaved inappropriately. they included former students. in may ou

some even whispered yes in the courtroom when the judge said max harris and derick almena are going to trial. judge james cramer says he believes harris is remorseful and sells his plea deal, but he rejects almena's plea deal saying by continuing to think that he's a victim and blame others, that's not acknowledging responsibility or expressing remorse. because this is a package deal, the judge has to reject the plea bargain and send both defendants to trial. >> if they don't want it, the heck with them. we will go to trial. we will show them. we're not dismayed. we're not overwhelmed. we're not angry. we're not frustrated. >> reporter: earlier in the day max harris addressed the victims' families saying, "i know words are empty. that's why i've turned to faith. i'm deeply sorry. i don't expect forgiveness. i don't ask for that. i'm sorry." >> i do see some remorse in him. i do see some remorse. >> reporter: but families say they agree with the judge that almena showed no accountability. this morning almena told the victims' families about the ghost ship warehouse, "it was never my int

wanted, a some even whispered yes in the courtroom when the judge said max harris and derick almena are going to trial. judge james cramer says he believes harris is remorseful and sells his plea deal, but he rejects almena's plea deal saying by continuing to think he's a victim and blame others, that's not acknowledging responsibility or expressing remorse. because this is a package deal, the judge has to reject the plea bargain and send both defendants to trial. >> if they don't want it, the heck with them. we will go to trial. we will show them. we're not here dismayed. we're not overwhelmed. we're not angry. we're not frustrated. >> reporter: earlier in the day max harris addressed the victims' families saying, "i know words are empty. that's why i've turned to faith. i'm deeply sorry. i don't expect forgiveness. i don't ask for that. i'm sorry." >> i do see some remorse in him. i do see some remorse. >> reporter: but families say they agree with the judge that almena took no accountability. this morning almena told the victims' families about the ghost ship warehouse, "it was never

, the other -- for max harris, the other defendant said this.e thinks they can stomach. they said in every incompetent public she'll be -- public official that allowed the fire to happen. he went on to stay he believeed that harris will be acquitted -- he believed that harris will be a quitted. >>> how does it look out there this morning? >> reporter: it looks so much better than it did first thing this morning. there is a lot less -- a lot less in the way of fire crews out here. they were able to do a defensive fight because a big metal structure was on fire. and they could not enter building. and livermore were dispatched between bush road and pleasanton. a large metal building was engulfed in flames. they estimate the building at 12,000 square feet. and the company manufacturers wood fence. inside are wood fencing materials, vehicles and offices with a metal structure. they stray is a higher -- there is a higher risk of collapse. >> our firefighterred faced multiple -- firefighters faced more problems this morning. >> reporter: 11 engines and

on july 3 derek almeida and max harris pled no contest to 36 counts of manslaughter almeda will re sentence and harris six years for the roles in the deadly fire at the ghost ship warehouse. in december 2016. those people attended a concert and party at the warehouse. a fire then broke out and 36 people perished in that fire. a menace attorney has said that he believes almeda will be out in less than four years because of time served and harris could serve just 23 months.in oakland, ktvu fox2 news >>> the families of the ghost ship fire victims are frustrated and demanding both accountability and justice. a lawyer representing those families says they will move ahead with a civil lawsuit. >> many of the family members said that they wanted to have a trial so they can have answers as to what happened or who did what. they are disappointed that there is not a trial. that leaves us in a civil suit. we are going to answer those questions for them. >> the focus of the civil lawsuit is whether the city of oakland, pg&e, and the warehouse owners were negligent or disregarded safety. any family mem

i spoke to max harris' mother who flew her from boston. she's expected to testify here in behalf of her son. it was an emotional day for her as well. that's the latest here in oakland, melissa colorado, nbc bay area news. >>> a search for vandals in berkley. this comes several days after kay otdic protests in the city, they happened on sunday. masked men broke away from the protest, smashed 21 brooklyn city vehicles. they're looking at youtube videos like the one you're looking at right now trying to identify and track down the vandals. >>> a lot of excitement s 49ers. they host the dallas cowboys. fan saying? excited, of course, for jimmy g. >> reporter: yeah, exactly. there are a lot of expectations in this highly-anticipated season that starts tonight. they have the new signings, the $137 million quarterback. and fans are heading in to see it, the first football since new year's eve. thousands are enjoying themselves as they take on the old rivals, the cowboys. they're looking for the first look at the niners. we spoke with two cousins

for his part, max harris said he had been praying for the family since the fire. nothing he could say would bring comfort. he said in part, i am deeply sorry and regret that my actions and inactions andlack n imagine that any of my actions over time would haled to this. it is completely un >> reporter: this woman who lost her son in the fire had mixed reactions. >> i did see some remorse. definitely derick almena is not remorseful. >> reporter: the victims families rejoiced by consoling each other. they will be back in court next friday to set a new trial date. in oakland, henry lee, ktvu, fox 2 news. >>> more questions about the tweet from elon musk. a shareholder has filed a lawsuit against the electric car maker in several cisco. isaacs alleges that elon must committed securities fraud when he tweeted he was considering taking the company private. the securities and exchange commission is looking into it. >>> the confirmation hearing is to begin next month for the nominee of the supreme court. the chairman said the hearing for brett cavanaugh will start in sept

can max harris possibly separate from his codefendant? >> reporter: absolutely. his attorney says that could happen. and that would mean only a trial would go forward with derek. we will wait and see. >> reporter: they will be back in court next friday to possibly set a trial date. stick with us while we follow this case. >> this happened in 2016. a year and half later, no resolution to the case. let's bring in our legal analyst. michael we just heard some information from the judge. it is interesting to hear that the judge felt derek was not remorseful. in recent months, even the last year, we have heard more from him than we have heard from max. but they felt harris was more remorseful. >> i found that interesting, i think it rings more true that this sentence did not encompass the gravity of the negligence that happened in this case. he has to the year expressed his remorse. so when i hear that i go, all right, that is something you can hang your hat on top that i do not think that is the real reason that you did this. >> a quick question, i want to ask you tw

both max harris and derick almena read statements to the victims in court. harris telling the victims families "i am so deeply sorry and regret my actions and inactions, my lack of awareness that led to this tragedy. i don't expect forgiveness. i would never ask for that. he ended by simply it was almena's turn he told the victim's families"i am guilty for believing we were safe" he told the courtroom "that he is in hell. that is why he says blames god"the judge found remorse in the words of harris. however the judeg said he found no remores in the words on almena. the judge told the courtroom he rejects derick almena's 9 year sentence no contest plea but because the plea involves both defendants the deal was rejected for both defendantssot defense attorneyboth defendants attorneys and prosecutores will return to friday in oakland haaziq madyun kron4news (grant) we first told you about the plea deal being rejected with a breaking news push alert. download the kron4 mobile app and be the first to know about breaking news in your neighborhood. (vicki) back to o

max harris and derick almena faces 36 counts of manslaughter. the decision was announced yesterday after a two-day sentencing hearing that included emotional testimony from family members of some victims >> the superior court judge says he believed derick almena afflicted rounds of -- responsibility rather than expressing remorse. because it was a package deal, judge kramer had to reject the terms for both defendants. >> we will go to trial and show them we are not dismayed or overwhelmed. we're not angry or frustrated. >> the oakland warehouse was converted into an arts center with living quarters. electric wiring and emergency exits were not up to code. the rejected deal with sentence derick almena to nine years and harris to six. now it will go to case -- court next time some your. >>> the thousand acre nelson fire is 10% contained, it is burning and dry grassy hills at the start of the paradise valley area. at their end neighborhoods at fairfield and vacaville. strong winds help the flames spread quickly. and a local resident said they inche

those are the options now on the table in the people versus derick almena and max harris at the alameda superior court house in oakland. the two defendants allegedly responsible for the lives of 36-people who died in a fire whilghost ship trial date hearing postponede attending an music event at the ghost ship back in 2016. the ghost ship all day long"can walk through it seems to be.how effective happening, and how effective it seems to be. sound from - debora allen - bart director district 1it's really like a needle in a haystack, they're looking for people who are evading bart when they could just stand in front of the gates. debora allen sits on the bart board of directors. they have learned so far from this pilot enforcement that the problem is worse than they thought. sound from - debora allen - bart director district 1the problem is thought, a lot of evaders. in just two months 15% asked had not paid their bart ride. fare evasion crime, it's very unlikely that a person who in september bart police presenting the bart board of directors an official update on this pilot provide numb

. >> derick almena and max harris face 36 counts of involuntary manslaughter. laura anthony is live in oakland with more. laura? >> reporter: well, hi, ama. this hearing here this morning was very brief, just some procedural things taken care of. as for the trial itself no date has been set yet, but the attorneys told us they are looking at early 2019. >> we are going to have a jury trial, both defendants, and it will be next year. >> reporter: with the prospect of a plea bargain now off the table attorneys for ghost ship defendants derick almena and max harris are gearing up for a trial. one attorney will try to have it moved out of alameda county. >> potential jurors in alameda county for the most part have absorbed all of the assassination of character attributes manifested in the press of my client. they have an opinion. >> now we have the opportunity to show that he's innocent. >> reporter: harris's attorneys will try to have his case separated from that of almena, the primary tenant and the founder of the ghost ship. both men face 36 charges for the decem

. >>> today the ghost ship warehouse fire defendants they are coming up, and max harris, are expected to speak in their sentencing hearing. this fall is an emotional day one of the hearing when the victims families testified. they also criticized the plea deal given to the suspects. henry lee was in the courtroom during those statements. >> reporter: the ghost ship master defendant -- blasted them for the roles and their deadly -- in the deadly fire. cameras were not allowed in court as relatives back to the courtroom for what the judge described as a heart-wrenching hearing. many of the victims family members were pens or brought poster boards with their loved ones pictures. back in july almena and harris both entered no contest please. one count for each victim who died. addressing the many relatives of the victims said they felt betrayed by the plea deal and said that justice had not been served. almena faced victims relatives as they spoke, but harris did not turn around in his seat. >> this sentence is unfair. it is on balance. it is negligent. it does not help the city or the st

creative director max harris agreed to six years. the fire was in 2016 during a party the two threw at the warehouse. firefighters say electrical wiring and emergency exits weren't up to code. when the fire started before midnight, 36 people were unable to get out and died. family members say this is nothing more than a slap on the wrist. the attorney is asking the judge to dismiss the plea bargaining or change sentencing. >> this sentence is bankrupt. >> that three months for almena and two months for harris for each of the lives. that was way too short. >> the reason it's only two to three months for each life lost, both are getting credit for time served in jail while waiting for trial. almena can be released in three and a half years and harris, just under two years. today the family members of the defendants will have a chance to speak asking the judge for leniency. now the jail sentences are based on the plea bargain but the judge can change that if swayed by the testimony. >>> in orange, holy fire is marching closer to homes.

when the judge dismissed a previously brokered plea deal involving defendants derick almena and max harris. now it appears that the da and at least harris's defense attorney are welcoming a trial. district attorney nancy o'malley is making her own plea to the court on behalf of the victims of the deadly ghost ship fire. the letter, seen here, has been published by our partners at the east bay times. o'malley writes, the people stand ready to try this case against both defendants. >> what's unusual here is first the da was willing to make a deal, and now the da is not. >> o'malley's change of course follows the presiding judge's. last week he dismissed a brokered plea deal for the defendants. almena and harris admitted to their involvement in the fire that killed 36 people. the judge's move followed a damaging letter written by almena, and two days of painful victim impact statements from family members. o'malley's letter is expected to be submitted in court tomorrow. it appears to echo the sentiment of those families. >> in a way that's what she's responding to. she's responding to the fac

while max harris the creative director will get six years.>> -- >> we are live from the courthouse with families of the victims gave some impact statements today. >> reporter: court recess for the day just about an hour ago, we will be back for the continuation of the hearing tomorrow, a very emotional hearing today as family members vented their anger and frustration. >> ghost ship master lieutenant derick almena and max harris sat and listened as relatives of the victims blasted them for the roles and the deadly fire. >> cameras were not allowed in court as well as what the judge described as a had bridging hearing that many of the victims family members brought poster boards with their loved ones pictures. back in july each enter no contest please

the attorney for ghost ship fire defendant max harris says he'll make a motion to sever his client's case from that of co-defendant derick almena. melanie woodrow is in our newsroom now with details. >> attorney curtis brig says he will mention that motion at a hearing this friday. the hearing comes after judge james cramer rejected derick almena and max harris' plea deal last week. the judge said almena wasn't remorseful enough. more twists in the ghost ship warehouse case. now only on abc 7 news, max harris' attorney curtis briggs says he'll make a motion to sever his client's case from derick almena's case. >> based on what a lot of the victims said, matt harris saying why is that nice? he took immediate accountability, cooperated with authorities. >> friday james cramer said almena wasn't remorseful enough. he rejected the co-defendant's plea deal in exchange for no contest to involuntary manslaughter, almena was going to get nine years in jail and harris six. >> the judge was telling me that the case should be dealt with simply. >> reporter: briggs says he'll mention his plans t

creative director max harris six years. in june almena spoke with 2 investigates about why he took the deal. >> in order to defend myself i would have to point my finger around and make other firemen and police officers that were doing great jobs that were like our friends, you know, all of a sudden make them guilty now. >> other than derick almena and max harris, who else in your opinion should be held accountable? >> the city of oakland, their fire and police department because of the many complaints that were registered about the residents who lived at ghost ship. they can't pretend they didn't know. >> reporter: while the ghost ship criminal case focused on almena and harris' involvement in the ghost ship, city records and media exposed oakland's role, specifically the city failing to elevate complaints on the property and police and firefighters had visited the warehouse before the fire, but a formal inspection was never done. when you learned there will be no trial, what went through your mind? >> no one will ever kno

max harris had his back against a speak are and avoided eye contact. the -- speaker and avoided eye contact. the hearing resumes tomorrow morning at 9:30 and that's when family members on the defense side will ask for leniency. it's hard to say whether the judge will change or dismiss the plea bargain. in oakland, i'm da lin, kpix5. >>> most of these nfl players can probably afford million dollar homes, but the american dream is becoming more and more out of reach in more bay area cities, our devin fehely on those who have just joined the millionaire club. >> reporter: east palo alto was once a pocket of affordability, a place where you didn't need tech money or two incomes to live comfortably and raise a family but not anymore. >> long time residents aren't able to really enjoy the new community because we're being priced out and it hurts. >> reporter: melissa allen said she could never afford to buy a home in the community where she grew up. according to zillow, the average price of the home and seven more cities in the bay area including more tradit

lawyers for both the defendants, derick almena and max harris, want to avoid a jury trial as much as possible. each of their clients has been charged with 36 counts of involuntary manslaughter. of at one point it looked like they may have been work out a plea deal but in a surprise move last week, the judge couldn't accept a deal. the victims' families are hoping a trial date is set today and if that's the case, almena and harris won't be the only ones held accountable. the city of oakland could have major evidence brought against it. >> we would start getting the answers and we would be able to take those answers and hold our city accountable for very specific things. right now, we only have vague generalizations that we can try to hold them accountable for. >> we do not believe we bear any liability. >> reporter: in a letter the "associated press" obtained that district attorney nancy o'malley sent to the judge she asked for a trial date. she said she was cutting off talks with the defense attorneys and that prosecutors would not be negotiating plea deals with almena or harris. ano

and attorneys for max harris and derek al mena say that will a play a key role in the upcoming trial. but getting to the truth, that could be expensive. according to the attorney for max harris, it could cost taxpayers up to $2 million. >> this case is a landmark case. >> reporter: 2019 is sizing up to be the year of the ghost ship fire trial, after a judge threw out plea deals for the two men who pleaded no contest to three dozen counts of involuntary manslaughter -- >> i'm happy. i didn't want it to -- three years, i didn't want them to do the deal. >> reporter: the loved ones of all 36 victims are preparing for what could be an exhausting and complicated trial ahead. >> definitely. you know, i'm saying i want to see this through. i actually want to see justice being served. >> reporter: kenzie smith of oakland is proud to show the tribute tattoo on his arm for his best friend, alex guzan, a 35-year-old father of two who died in the blaze. he says derek almena always blamed others for the crime and has never been remorseful. >> if the population was asked, do you think almena is gui

lawyers for both the defendants, derick almena and max harris, want to avoid a jury trial as much as possible. each of their clients has been charged with 36 counts of involuntary manslaughter. at one bounty it looked like -- at one point, it looked like they may have been work out a plea deal but in a surprise move last week, the judge couldn't accept a deal. the victims' families are hoping a trial date is set the city of oakland could have major evidence brought against it. >> we would start getting the answers and we would be able to take those answers and hold our city accountable for very right now, we only have vague generalizations that we can try to hold them accountable for. >> we do not believe we bear any liability. >> reporter: in a letter the "associated press" obtained that district attorney nancy o'malley sent to the judge she asked for a trial date. she said she was cutting off talks with the defense attorneys and that prosecutors would not be negotiating plea deals with almena or harris. another question that will be discussed today is whether the defendants would g

today is day 2 of the sentencing hearing for derick almena and max harris. ople killed in the 2016 fire expressed their anger yesterday. many asked the judge to toss out the deal almena and harris made with prosecutors. the two have pleaded "no contest" to 36- counts of involuntary manslaughter. <"the sentencing is morally bankrupt. there is no way that this sentence deferred or delays or gives pause to anybody to do in these kinds of actions. on the other hand people like derek all meet up and max harris or not thinking. they're not planning for the future so it's hard to know if you would just how you would dissuade people like that, regardless this sentence is bankrupt.">( lydia ) almena -- who was the master tenant -- cut a deal that would send him to prison for 9- years. harris cut one that would send him away for 6- years. both are expected to serve just half of their ( lydia ) happening now... the alameda county sheriff's office has put out a one-million dollar warrant... for an east bay man. alexandar rhodes is accused of sexually abusing a small chil

today is day 2 of the sentencing hearing for derick almena and max harris. e 36 people killed in the 2016 fire expressed their anger yesterday. many asked the judge to toss out the deal almena and harris made with prosecutors. the two have pleaded "no contest" to 36- counts of involuntary manslaughter. <"the sentencing is morally bankrupt. there is no way that this sentence deferred or delays or gives pause to anybody to do in these kinds of actions. on the other hand people like derek all meet up and max harris or not thinking. they're not planning for the future so it's hard to know if you would just how you would dissuade people like that, regardless this sentence is bankrupt.">( lydia ) almena -- who was the master tenant -- cut a deal that would send him to prison for 9-years. harris cut one that would send him away for 6-years. both are expected to serve just half of their sentences. ( lydia ) happening now... the alameda county sheriff's office has put out a one-million dollar warrant... for an east bay man. alexandar rhodes is accused of sexually abus

derick almena and max harris plead nod contest. almena is expected to get out of jail in three and a half years, harris in 23 months. because of time served and good behavior. the deal spares everyone of a trial but some relatives say the sentences are too short. the hearing is expected to take two days. the judge wants everyone to have a chance to speak. harris and almena are also expected to make statements. live in the newsroom, amy hollyfield, abc 7 news. >>> a state appeals court has rejected a move by former stanford swimmer brock turner to overturn his sexual assault conviction. his lawyer argued turner wanted to have outercourse with the victory and never intended to rape her. # the judge said the argument lacked merit. the case got national attention when the trial judge gave him a six-month sentence. the stanford professor who led a recall effort against the judge applauds the decision. >> brock turner is a lying, unrepentant sex predator who never showed real remorse for his crimes and this decision by the appellate court

some even whispered yes in the courtroom when the judge said max harris and derick almena are going on trial. judge james cramer says he believes harris is remorseful and accepts his plea deal, but he rejects almena's plea deal saying by continuing to think that he's a victim and blame others, that's not acknowledging responsibility or expressing remorse. because this is a package deal, the judge has to reject the plea bargain and send both defendants to trial. >> if they don't want it, to heck with them. we will go to trial. we will show them. we're not here dismayed. we're not overwhelmed. we're not angry. we're not frustrated. >> reporter: earlier this the day max harris addressed the victims' families saying, "i know words are empty. that's why i've turned to faith. i'm deeply sorry. i don't expect forgiveness. i don't ask for that. i'm sorry." >> i do see some remorse in him. i do see some remorse. >> reporter: but families say they agree with the judge that almena took no accountability. this morning almena told the victims' families about the ghost ship warehouse. "it was never

derick almena and max harris agreed to a plea deal, no contest to 36 counts of involuntary manslaughtert out of jail in about three and a half years. harris helped collect rent and manage events and could get out in 23 months because of good behavior and time served. the two men are also planning to speak in court. the hearing is scheduled to last for the next two days. that's so everyone has a chance to make a statement. live in the newsroom, amy hollyfield, abc 7 news. >>> a state appeals court has rejected a move by former stanford swimmer brock turner to overturn his sexual assault conviction. his lawyer argued turner wanted to have outercourse with the victim and never intended to rape her. the judge said the argument lacked merit. the case got national attention when the trial judge gave hi six-montfoseenrd professor whoes applauds the decision. >> brock turner is a lying, unrepentant sex predator who never showed real remorse for his crimes and this decision by the appellate court shows why he never deserved the light sentence that judge persky gave him. >> he can appeal to the s

the attorney from max harris wants to separate his case from that of derick almena's. rejected a plea deal between prosecutors and the two last friday. he said almena wasn't remorseful enough and ordered the case to go to trial. they face 36 counts of involuntary manslaughter. harris' attorneys plans to make a motion to separate the cases. >> based on what the victims' families says max harris was in a different position than almena. max harris saved lives, took accountability. >> almena's attorneys are considering whether to request a change of venue for the trial. >>> happening today, oakland mayor libby schaaf will announce details of a new program to combat illegal dumping. oakland residents will have three opportunities to legally dispose of large, unwanted items at no charge. the bulky block parties will be held in the coming weeks two weeks apart. it's part of an effort to educate the residents about the pick-up service that allows people to schedule a free curbside pick-up. >>> this is going to sound strange but dangerous amounts of weed killer could be in your

max harris saved lives, took immediate accountability.ile derick almena's whc combat legal dumping. they will have a chance to dispose of unwanted items at no charge. the bulky block parties will be held two weeks apart part of an effort to educate residents about the city's bulky waste pick-up service that allows people to schedule a curbside pick-up. >>> and in accuweather, live look outside, beautiful right now as time is 6:37 in the morning. you can see already have holes in our cloud cover so that means we're going to see sunshine a lot quicker than we did see close to the coast today compared to yesterday. right now temperature wise upper 50s to low 60s at this hour. so we're taking a look at your 12-hour planner, mix of sun and clouds today. sunnier skies prevail by the lunch time hour and the sun will warm us up quicker inland compared to yesterday, near 90s degrees in our warmest spots around the bay. download the accuweather app and track temperatures hour by hour as they warm up later on today. so highs inland going near 90s. 8

and both the police for max harris and 32 were tossed out.a back in court to face the judge. >>> we have david levine, law professor, with this this morning. i think we were shocked and everyone in court was taken aback. >> this never happens. the reason is that you do not do the plea deal between the defense and prosecutor unless you have indication from the judge that the range would be acceptable. generally this type of plea is pro forma. you will listen to the victims and there were a lot of them, heart wrenching to hear from so many. generally at the end of the day the judge would ask specific questions that have to be asked, and that is it before the judge will render the sentence. judge kramer said it was the statement that derick almena stand in earlier that made the judge think he was not taking responsibility sufficiently. this is very unusual. >> was it a done deal prior to the impact statement? >> according to the judge it sounded like he was leaning in favor of rejecting it but this is extremely unusual. generally it goes down in

on the other hand people like derek all meet up and max harris or not thinking. they're not planning for the future so it's hard to know if you would just how you would dissuade people like that, regardless this sentence is bankrupt.(pam) bankrupt. (pam) we are expected to hear from both defendants.... when the sentencing hearing resumes tomorrow morning. (ken) public safety was the main topic at today's bart board of directors meeting in oakland. (pam) the transit agency's general manager presented a detailed plan... aimed at keeping passengers safe and secure. kron4's haaziq madyun takes look at the safety proposals approved by the board of directors. nat/sotat thursday's bart board of directors meeting bart general manager grace crunican pitched her highly anticipated safety and security plan. the plan was developed in the wake of violent incidents on bart property and features several initiatives. the general manager has unilateral

on the other hand people like derek all meet up and max harris or not thinking. they're not planning for the future so it's hard to know if you would just how you would dissuade people like that, regardless this sentence is bankrupt(pam) again- the public will likely hear from both defendants ... when the sentencing hearing resumes friday morning. (ken) new at ten: new fire danger restrictions are now in place throughout the los padres national forest south of big sur.(pam) the rules will impact more than 200- miles along the california coastline. dave alley has more. taylor delgado puts signs up that signal new fire use restrictions are now in place within the los padres national forest. taylor delgado / figueroa station wildland firefighter "there's a real large potential for fires to go extreme."the figueroa station wildland firefighter spent part of his wednesday making sure people who use the popular campground understand the rules. taylor delgado / figueroa station wildland firefighter "just giving them a reminder them they are in the wilderness and a campf

ktvu fox2 news >>> the attorney for max harris, the other defendants, said, we are going to show theublic and the jury all the institutional incompetence they can stomach, including that of o'malley's office and every inept and incompetent public official who allowed the fired happen. he went on to say, quote, i think errors will be acquitted. >>> also happening today, the family and the attorney of nia wilson, the young woman who was stabbed to death and oakland bart station last month but will hold a news conference about a lawsuit against bartz. 18-year-old nia wilson was killed july 22 as she got off the train at the macarthur bart station. her sister was also attacked and injured, but she survived r the wilson family the lawsuit will claim that nia wilson's killing was both > if you're d oakland and alameda coming up, the area you should avoid as crews start maintenance. >>> some new concerns for the firefighters battling the mendocino complex fire because of what is happening this weekend. >>> good morning. we do see it is going to be an okay drive around the bay area. so far t

ship's master tenant and max harris, the creative director. if one of the defendants' lawyers has his way, the trial won't be held in alameda county. abc 7 news laura anthony attended a brief hearing in oakland. she joins us outside the alameda superior county courthouse. laura? >> hi. no official date has been set yet for this trial there will be a hearing here next month. so try to work out the timing. in the meantime, though, despite this discarded plea deal, it now appears all parties are eager to take this case to trial. >> i'm a trial lawyer. i want to go to trial, which the prospect of a plea bargain now off the table, attorneys for derick almena and max harris are gearing up for a trial. one, almena's attorney, tony serra will try to have moved out of alameda county. >> it probably will be another county if it's granted. it probably won't be san francisco. it could be something like san jose, redwood city, martinmarti. >> i never thought he should go to jail for one day. >> harris' attorneys will try to have his case separated from tha

confirming that her office would no longer be negotiating any new plea deals for air coming and max harris . the letter references the 36 people killed in the deadly fire in december 2016 saying these lives were lost at the hands of the two defendants the evidence supportsseion and the to prove the chargesasoffice agreed on a plea deal for almeda and harris but the judge through that deal out a trial date could be sent as soon as today. under that now defunct agreement almeda would have been sentenced to nine years in prison and here is six years. friends and family members of the 36 victims asked the judge to reconsider. they say they wanted harris and almeda to face a jury trial. >> the judge said he heard us. that counts for everything. >> i think now we just have to wait and see the outcome of the trial and how it comes about. >> now defense attorneys for max harris and derek almeda tell us they plan to ask for the trial to be moved outside of the bay area. >> this case will be tried on emotions. that's what i have always been afraid of. that it won't get a fair trial. >> the judge in

a six-year plea deal for max harris was also rejected. >>> today, the santa clara board of supervisors are expected to approve the next step in an affordable housing project. this is a part of a $950 million housing bond that voters approved in 2016. they want to buy land to be used for 63 apartments for low income senior citizens, including people with special needs. the construction work could begin before the end of the year. >>> san jose's willow glen has a neighborhood reeling from crimes including break-ins, car thefts, and assaults. a safety meeting is planned now for august 30th. >> i was pretty bloodied, yeah. >> a group of young men attacked him early saturday morning. it all stems from a car crash on pine avenue. a teenage girl driving a stolen car crashed into his truck. when he tried to stop her, for teenage boys in another car got out and hit him in the head. >> is terrible. i don't know why willow glen is being targeted, but it just seems like things are happening right and left. >> nearby, monica proctor is now changing her credit cards after a burglar kicked open her f

and as i mentioned, derrick almena was the master tenant of the ghost ship warehouse and max harris who was creative director. they pled no contest during the preliminary hearings to 36 counts of involuntary mans lawsuitser for their roles in the fire that took the lives of 36 people wraranging in ages between 17 to 61. let's talk about the plea deals. almena could serve 12 years which includes nine years in jail and super years of supervised release, but he could be released in 3 1/2 years because of time served. harris would serve ten years with six of those in custody, four years on supervised release, and he could be released in 23 months because of time already served as well. and a hearing with though emotional testimonies will continue today and expected to wrap up at some point tomorrow. pete surraatossuratos, nbc bay . >> thank you very much, pete. >>> once the judge announces the sentences, we will push the news to your smartphone. >>> new at 11:00, a las vegas area man has been arrested with connection in a shooting in the palo alto safeway. it happened last friday in the mid

lawyers representing max harris say the district attorney plans to file a letter on friday saying theotiate is over. the d.a. told the judge none of the victims' families supported the plea deals that were scrapped last week. max harris' attorneys now plan to file a motion to separate their case from master tenant derick almena. they also pla change of venue. right now, both men are due back in court for a hearing on friday to set a trial date. >>> the number of people killed in the collapse of a freeway bridge in genoa, italy, has gone up to at least 39. the search continues for any possible survivors in the rubble. italy's deputy premier blamed it on a lack of maintenance by a company that operates many of the nation's toll highways. authorities also say a number of apartment buildings near the bridge may need to be torn down because they were damaged when the bridge collapsed. >>> mostly sunny skies along the coastline around the bay and inland today. a little fog over san francisco. some in fact distance. we'll have the low clouds and fog move back across the bay overnight and int

. >> reporter: the victims family believe a full trial will not only hold derick almena and max harris accountable it will show the city of oakland is just as culpable for the death of 36 people. >> we would be able to take those answers and hold our city accountable for specific things. right now we only have generalizations that we can hold them accountable for. >> reporter: some of the families flew in from as far away as south korea. it would also include footage from officers who had visited the warehouse multiple times and know about the illegal conversion. >> we will report this to the city. a person told me you guys are charging $25 to get in. i imagine you have a permit? >> reporter: even though the city did nothing to shut it down the mayor rejects any responsibility. >> we do not believe we have any liability. >> reporter: she does hope a trial will provide some measure of justice for the families. >> these two individuals who did things to this building to make it unsafe, that is where the focus of the trial should be. >> reporter: the judge said he rejected the plea deal b

statements and courtroom testimony from the families of 36 victims, directed at derrick almena and max harris. >> reporter: this building will forever be a memorial to the lives in that deadly ghost ship fire. today, the two men accused of starting this fire. tomorrow, all parties will be back in court once again. >> i think they should have faced us and looked at us. >> reporter: family and friends walking out of today's sentencing hearing in oakland feeling emotional, many chae to statements to the two men who pleaded no contest to their roles in the deadly ghost ship fire. >> today was very emotional for the family. they were very brave and courageous to stand up and tell the story. >> reporter: the story about how their loved one's death is impacting their lives. tlaur daughter and boyfriend died in the inferno, both reading statements. telling them his daughter loved life. his mother, directing her comments towards derrick almena said it bothers you can't hold or touch or kiss my kids at night. guess what. you will get that chance eventually. >> these are young people whose lives have be

the judge said he was satisfied with the six-year proposed sentence for max harris but a judge threwhat one out, too, because the plea bargains were a package deal. defense attorneys say they are ready for trial. almena's attorney says his client is remorseful about what happened. >> nothing he can say or do is going to alleviate the suffering of the families of the victims and, you know, their perspective on the case is different. dare i say their perspective is motivated by their grief that has for many of them turned into a desire for revenge and retribution. >> reporter: harris' attorney attacked the way the d.a. handled the case. >> look at the way this case is being prosecuted. they have been schizophrenic with their approach to this case. the prosecutors have offered what people thought were sweetheart deals, minimal time for this case because they thought that the case was full of holes. and now they have completely flip-flopped because they can't handle the pressure from the victims' families. >> reporter: briggs criticized district attorney nancy o'malley for not charging t

max harris's defense attorney responded to the da's letter and said we are going to show the public and the jury all the institutional incompetence, including that of o'malley's office and every public official who allowed this to happen. harris will be acquitted. >> i'm definitely okay with a trial. i think there is no way in hell this man can not be found guilty. >> david gregory's d of 36 peope inferno. he said he was not remorseful enough in his remarks. >> i don't think he is willing to accept his role in this. >> in an exclusive interview earlier this week, he shared his wishes for a change of venue. >> how am i going to find a jury? they are saying i'm guilty for allows this to happen. >> fearing they won't get a fair trial, they won't get a motion. in oakland, abc 7 news. >> you can get these and other updates from the news app that works on apple and android devices. >> a fire forced out about a dozen families in healdsburg. here's a look at smoke that broke out about 2:30. officials lifted the evacuation order and a few hours later no damage was reported. >> a burning car scor

derick almena and max harris have been charged with involuntary manslaughter. the judge tossed out a deal previously accepted by another judge, setting the stage for a lengthy trial now. the attorney is filing a motion to move the case out of alameda county. harris's attorney wants a separate trial. >>> the attorneys for nia wilson's family filed a complaint against bart today accusing bart of not keeping riders safe. >> john cowell was accused of fatally stabbing nia wilson. melanie woodrow is at the bart station. >> reporter: the attorneys for nia wilson's family say there are 22,000 fare evaders every day on bart. john cowell was one of them, and that had bart stopped him, wilson would still be alive. nia wilson's family and her attorney stood next to the 18-year-old's photo during a press conference where they announced they filed a complaint against bart. >> nia's death is not some horrific anomaly that occurred in two seconds that nobody could do anything about. >> attorney meet the -- on sunday, julyohnowell and her sister lifah. arns says there aerday,