Under cross-examination in the Ghost Ship trial Tuesday, defendant Max Harris admitted that he had lied to an Oakland Police officer about whether people lived in the warehouse several months before it burned down on Dec. 2, 2016, killing 36.
Alameda County Deputy District Attorney Autrey James played footage from a police body camera, showing Harris speaking to Officer Brian Kline, who asked him if anyone lived in the warehouse.
In the video Harris can be heard responding that no one lived in the warehouse, which he called a 24-hour artwork space.
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On the stand, James asked Harris if he had felt the need to lie to the officer because he might be evicted, to which Harris answered yes. Harris said he feared becoming homeless because he lived in an “alternative space” and didn’t have the protections of people living in apartments.
Harris and master tenant Derick Almena each face 36 counts of involuntary manslaughter stemming from the blaze in the unpermitted Oakland residence and performance venue the night of an electronic music party.
Prosecutors argue Harris and Almena 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. Defense attorneys argue the blaze was started by an act of arson.
The defense has tried to play down any managerial role Harris may have had at the Ghost Ship warehouse. He has been referred to as a creative director and second in command to Almena.
Harris’ defense attorney Tyler Smith asked Harris about a thread of messages he wrote on the dating app Tinder, in which he said that he “managed” a live/work space in the Fruitvale district. Harris said he didn’t consider his involvement at the warehouse to be a job, but rather saw it as an “exchange situation.” He added that he didn’t pay rent.
Smith also asked Harris to read an email he wrote to warehouse landlord Kai Ng regarding an adjacent auto shop that was going on the market. In it, Harris signed off with the title “executive director.” When Smith asked why, Harris said it was to “sound official.”
Smith asked Harris if, in the wake of the fire, there was anything he would have done differently.
“I think of that a lot,” Harris answered. “I knew a lot of the people. I wish I had done more. There are an infinite number of things I wish I did that night and before.”
This post will be updated.
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