Judge denies suspect’s motion to be released

OAKLAND >> Despite defense attorney and friends’ pleas to release him on his own recognizance, Ghost Ship creative director Max Harris will remain in jail, a judge ruled Friday.

Harris, facing 36 counts of involuntary manslaughter, had his bail reduced from $1.08 million to $750,000 by Judge Kevin Murphy at the Rene C. Davidson courthouse in Oakland.

His attorneys said afterward that they disagreed with the decision. His friend, Elissa Roy, muttered “We love Max” outside the courtroom, holding back tears. Defense attorney Curtis Briggs told media gathered outside the court that they would get Harris out of jail before the case goes to trial, “mark my words.”

“What happened today was unjust,” Briggs said. “Max Harris is innocent, Max Harris shouldn’t be incarcerated.”

Tyler Smith, another defense attorney, read letters from friends in court; friends called Harris a person of integrity, caring, and a “sincere human.”

He refuted allegations from the prosecution that Harris had blocked a staircase during the fire. Instead, he said Harris used the light from his cellphone to guide others to a staircase. Harris himself also rebutted the claim in an exclusive interview with this newspaper last month. Prosecutors argue that with the second stairwell blocked off, party-goers were forced to flee down the front, makeshift stairs.

Smith argued that Harris was not a flight risk, and that Oakland was his home. He offered to wear an ankle monitor, and has friends who said he could stay with them.

But prosecutors maintain Harris’ conscious, reckless actions led to the tragic Dec. 2 fire at the warehouse in Oakland’s Fruitvale district that killed 36 people.

Prosecutor Autrey James said the bail would ensure that he returned to court, instead of relying on friends who offered to put him up.

“We are not here because Max Harris is a horrible person,” James said. “On December 2, 2016, a mistake was made that cost the lives of 36 people.”

He also said that although the defense stated that Harris is poor, he has the means to make things happen. Prior to his arrest, he went to the U.S. Virgin Islands on a vacation with his mother and when he was arrested, he was found in Los Angeles County.

Judge Murphy said he was aware of the seriousness of the alleged crimes, and he had concerns of his friends putting him up. He said with a lack of family in the area, and a lack of employment, he agreed with the prosecution that to ensure he return to court, he would deny the request to release Harris on his own recognizance.

Harris, with his partial blue-dyed hair in a ponytail, in blood-red jail clothes, was patted on the back by his attorney after the decision.

If he were to make the $750,000 bail, which defense attorneys said they will try to do with fundraisers, he must wear an ankle monitor, and surrender his passport.

Ghost Ship founder Derick Almena is expected to have a similar hearing next week.

Harris is currently being held in protective custody, which places him in a cell by himself in a wing of the jail where Almena also is kept in seclusion.