DUBLIN — In an exclusive interview at Santa Rita Jail, Max Harris, the Ghost Ship’s second-in-command, pushed back against allegations by the district attorney’s office that he blocked off a second floor stairwell during his preparations for the party that resulted in the deaths of 36 people.
Last week, the Alameda County District Attorney’s office charged Harris and Ghost Ship founder Derick Almena with 36 counts of involuntary manslaughter for what prosecutors argue were conscious, reckless actions that led to the tragic Dec. 2 fire. Both will be arraigned and argue for lower bails Friday.
In particular, inspector Cristina Harbison alleged that in preparation for the party that night, Harris “blocked off an area of the second floor that included a second stairwell, which effectively reduced the upstairs guests to a single point of escape.”
In an interview Thursday at Santa Rita Jail, during which no recording devices or notebooks were permitted, Harris said he had no idea where the allegation had come from and doubted the truth of it.
Prosecutors argue that with the second stairwell blocked off, party-goers were forced to flee down the front, makeshift stairs.
In an interview with this paper, Ghost Ship resident Carmen Brito also argued against the prosecutor’s assertion that Harris blocked the rear stairwell, but added that it would not have mattered. The back stairs led to where investigators say the fire originated.
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. Although Harris has always looked wiry, circumstances have given him a more gaunt appearance. His collar bones are more defined, his wrists more lithe. The gauges in his ears have been confiscated and the lobes droop along with his spirits.
He said correctional officers and other inmates have not treated him poorly, but a lack of what he considers proper food has him feeling starved. He has tried to file forms for a religious diet restriction. Harris described himself as a Christian and a Buddhist, but is a vegan to stay true to the latter. He removes the bologna from his sandwiches and eats the slices of bread with only mustard.
Sgt. Ray Kelly said late Thursday the sheriff’s office “will make sure his (food) request is granted.”
“The sheriff’s office provides specialized meals everyday based on their personal, medical, cultural and religious needs,” Kelly said, adding the jail just learned of Harris’ request.
Harris’ clothes haven’t helped him appear substantial. He wears the standard loose-fitting blood-red prison uniform without the benefit of an undershirt or socks.
When correctional staff asked him if he was sad, he replied that he was, because he was in jail and he didn’t feel he deserved to be. That response got his undershirt and socks taken away and left him feeling cold.
Anyone would be sad in his position, he said, but he isn’t going to take his own life. He wants to walk free one day and thinks that the truth will set him there.
Harris said he believes he is being made into a scapegoat — an allegation also voiced by Almena’s attorney Tony Serra. In a press conference last week, Serra argued the charges were to cover up the failings of the Oakland Fire Department and other government agencies, as well as the political ambitions of District Attorney Nancy O’Malley.
Upon hearing of Harris and Almena’s arrest, Oakland Mayor Libby Schaaf released a statement applauding the charges. “They send a clear message: you won’t get away with making a profit by cramming people into dangerous spaces or failing to maintain safe living conditions,” she said.
In the days immediately following the Dec. 2 fire, Oakland’s artist community leveled the same accusation against Schaaf and developers within the city.
