Ghost Ship defendant Derick Almena denied release

Ghost Ship defendant Derick Almena was once again denied release from jail Friday, even though a judge indicated she would release him amid COVID-19 concerns.

OAKLAND  — Ghost Ship master tenant Derick Almena was denied release from jail amid concerns over the spread of the coronavirus.

Despite Alameda County Superior Court Judge Trina Thompson’s indication Wednesday that she would grant Almena, 49, release from custody with the condition that he wear an ankle monitor, she instead denied the motion Friday in a teleconference between attorneys, according to the clerk’s office.

Bail was going to be set, with some conditions, but the information may not be available until Monday, a clerk said. A source told this news organization that the bail would be lowered from $750,000 to $150,000.

Almena is charged with 36 counts of involuntary manslaughter for the deaths of three dozen who perished in the Dec. 2, 2016 Ghost Ship warehouse fire in East Oakland.

On Wednesday, the Alameda County District Attorney’s Office announced that Judge Thompson, on her own accord, indicated she would release Almena from jail with the condition that he wear an ankle monitoring bracelet. The prosecution opposed the release, and asked if he were to be released, that he have no contact with any of the 36 victims’ families or witnesses in the case.

Almena’s attorney, Tony Serra, had previously filed a motion to to release Almena from jail because of health concerns surrounding the coronavirus. The motion was denied by Thompson last month, but since then at least 11 inmates at the jail have tested positive for COVID-19.

Almena’s defense team said he’s had a few health issues while in jail, including weight gain and pre-existing conditions that could make him more susceptible if he contracted the virus.

Almena’s other defense attorney, Vincent Barrientos, told this news organization on Wednesday that a jail doctor who examined Almena determined his health had deteriorated during his incarceration.

“I don’t want to put words in his mouth,” Barrientos said, “but should a COVID outbreak occur in there, Almena would be in serious trouble.” The attorney said Almena “remains in a vulnerable state and his health is jeopardized every day he remains in custody.”

Thompson also issued a gag order to both the prosecution and the defense attorneys in relation to this case, barring them from speaking to media on the case. The exact parameters of the gag order are not known.

Thompson similarly issued gag orders last year during the first trial, where co-defendant Max Harris was acquitted; the jury could not reach an unanimous decision on Almena’s charges. Thompson gagged attorneys during a time when three jurors were dismissed for misconduct, as well as a gag order from January until the jury was sworn in April 2019.