OAKLAND (KRON) — There are three potential deliberation outcomes for the jury in the Ghost Ship Fire trial in Oakland: Guilty, not guilty and a hung jury
“The longer the jury is out, the more likely a hang could occur,” said Derick Almena’s attorney Tony Serra.
If convicted co-defendants Almena and Max Harris could serve up 39 years behind bars for the deaths of 36-people who died during a fire in the Ghost Ship warehouse back on Dec. 2, 2016.
The 12 jurors must reach a unanimous decision of guilt or innocence.
Monday being day 6 of deliberations, Serra talks about what would happen if the jury does not agree on the verdict
“The largest criteria for what occurs is how did it hang,” Serra said. “We normally find that out. For instance if it is 11-to-1 for conviction, you won’t get in anything in the negotiations if they want to retry the case. If it’s 11-to-1 in acquittal we probably would negotiate something very favorable because the district attorney would believe it is likely again to hang at best.”
The possibility of one dissenting juror preventing a unanimous decision was addressed during the closing argument with the defense encouraging stand your ground
“Stick by your guns. I was encouraging a minority, if there was a minority that was not guilty, not to give it up,” the attorney said.
Day six has ended with no verdict.
Jurors will return to deliberation Tuesday morning.