Ghost Ship trial: Character witnesses call defendant ‘honest,’ ‘immaculate’

OAKLAND — Character witnesses called one of the defendants in the Ghost Ship criminal trial “honest” and “immaculate” during the defense’s second day of presenting its case.

Max Harris and Derick Almena are charged with 36 counts each of involuntary manslaughter for the 36 people who perished during a dance party at the Ghost Ship warehouse on Dec. 2, 2016. On Wednesday, two witnesses who lived with Harris were brought in to testify to his character.

Alex Goldman, who attended college with Harris in Boston, Massachusetts, also lived with him in Oakland from 2013 to 2015. The two are friends and “nonbiological brothers,” Goldman said.

Called as a character witness, Goldman said he trusts Harris completely. He also called Harris “immaculate” in reference to questions by defense attorney Tyler Smith about his care and caution.

“He continues to be a role model for me,” he said.

In cross-examination by Alameda County Deputy District Attorney Autrey James, Goldman said the two had previously lived in another warehouse on San Pablo Avenue in Oakland informally called the “Ghost Town Gallery.” The place was permanently closed in May 2016, before the Ghost Ship warehouse fire, as reported by this news organization.

From the prosecution’s perspective, Harris was “second in command” at the Ghost Ship warehouse, helping run it by collecting rent and settling disputes between tenants. This could make him liable if the prosecution proves through evidence that he was criminally negligent or reckless in creating the warehouse space to what it was just before the fire — an illegal residential space filled with objects from floor to ceiling.

Also on the stand was Harris’ friend Elissa Roy, who has known Harris for six years and previously lived with him. Smiling through most of her testimony, Roy also referred to Harris’ character and said he was honest.

“He has consistently impressed me with how accountable he is,” Roy said. “I think he’s a deeply truthful person.”

Alameda County Assistant District Attorney Casey Bates questioned Roy during cross-examination, asking her if Harris told her he held a certain job, would she believe him? She said she does.

Bates was likely referring to evidence that Harris signed his emails as “executive director” of the Ghost Ship warehouse, and boasted in his Tinder messages with a potential date about his involvement in the art collective.

This isn’t the first time Roy has spoken up on Harris’ behalf, or appeared in court to support her friend. During bail hearings before a judge to potentially lower the bail amounts for Harris and Almena, Roy offered to house Harris at her own place if he could be released on his own recognizance.

But the prosecution at the time argued that Roy’s lease did not allow that.  A judge denied his release, but did reduce bail for both defendants from $1.08 million each to $750,000 each. Despite the reduction, they both remained in jail because they could not afford to post that bail.

Nita Sturiale, a professor at Massachusetts College of Art and Design, which Harris attended until 2012, also testified on Monday. She was his adviser, and testified that he was “driven by that desire to be honest.”

The defense case for Harris continues Thursday morning.