tv KQED Newsroom PBS September 8, 2019 5:00pm-5:31pm PDT
t tonighon kqed ghnewsroom, the profile ghost ship warehouse trial comes to a sudden and. acquittal foone of defendant mi in a strial for the other. the next democratic debate is next week. if the democratic party to fractured to be president trarp? we will from congressman and former presidential candidate , eric. is opening night for the warriors, new billion-dollar waterfront arena in san francisco. it's not all glitz and glamour. welcome to kqed newsroom. we begin tonight with the verdict in the month-long ghostp rial. this stems from the warehouse fire the claime36 lives in oakland in december 2016. yesterday, jerry handed down a mixed verdict. they ruled that max harris, not
guilty, but did not [ trina thompson declara judge mistrial for one man. they fac counts of involuntary manslaughter and up to 39 years in prison if convicted. with us now is don clyde, who was in the courtroom yesterday when the verdict was delivered.o ing us from cambridge, massachusetts, law professor, thank you for being with us. tell me about it. in the courtroom, you cover thial since day one. what was the emotion in there? what was the impact? cement ve before theict was read, you can see the victims families, threlatives were crying. they were passing tissues on t themselves. when the verdict was read for harris as not guilty, was stoo
out was one woman in particular, put her head in her hands, and was shaking back and forth like hii cannot lieve this was happening. >> people did expect a conviction. when the mistrial was announced for derick almena, there was a collected gasp of the victims. there was a real sense of shock that there was no conviction for him. >> walk us through this. there were families and suorters thof victims, course. what was the jury's reaction? to read through many things. what were they doing? prwhat were their ons? >> the jury ad took a few minutes by the court reporter. therwas not a lot of expression from the jury. >> there was one row of supporters for the defendants. and >>there were ny supporters
for harris. he had been there for many of the days of the trial. they hugged, they cried, and they were elated after the verdict was read. les bring in some legal background. were you surprised? , i preface everythithing was surprising in the five month-long trial. were you surprised at the verdict? >> reay, we know this was a pretty difficult and complicated trial, not only because it is a trial tragedy, but because are so many issues, social issues, political issues surrounding what happened here. it was so comple it could have gone anyway. >> whatcomes next? october 4 isxt a big date on th calendar, when they go back to court in terms of rick almena. max harris walked out of jail last night. what comes next for derick alme from a legal standpoint
?:there is a difference between an acquittal and a hung jury. and acquittal isthe end of the line. of the jury acquits someone, and the jury is a black box, we don't know why they decided what they decided, the ot prosecution ca appeal that. however, when we have a hung jury, that means the jury s unable to reach a decision. in this case, 10 jurors were leaning toward convicting, two que leaning toward ting, and they could not reach a verdict. in that case, it is dismissedth t prejudice. that means, the prosecution can retry the person. the bigger question is, should the precution retry the person? is it worthwhile? is it a good idea? is it the right thing to do. th will have to be decided within the das office. there will be a hearing with all parties w to determine to proceed. >> is there possibility of a plea deal again? we reached one last year mistrial and it was run out. but they reach another one for
derick almena? >> absolutely. this is the possibility. if the prosecutor foreseesata sin where they will encounter many hurdles in the trial, we know that the jury willateventually decide the cases are homogenized. the jurors were bumped off and replaced with alternates. there ngre many surpri things and twists in the jury plot in this case. the prosecutor may not want to take that risk or could offer derick almenaa plea deal. this is a sure thing. this is a lesser penalty. just take this. there is no trial. is less risky for derick almena, and he may not decide to take the thal. inspecte dropped the ball? did the distct attorney lose this case? >> without knowing what happened in the jury room, it estion. sible to answer this what is special about juries, asposed to the legal system where there are professional judges, juries don't to lane
why they did what they did. we will never really know wh happened that room. even if we hear from a juror or two, what happened, we will never hear the story from the perspective of all 15 people involved. we will not know, is there some theory about the defense posited? we know they were trying to advance a theo that involves complicit responsibility a part of the city. wesuthow they ested the possibility of arson. we know that there are many questions floating, is this the right thing to do? harris, his closfries with ax many of the people that died. the tragedy is a tragedy for him as ll. is this the right thing? one decent prosecutorial thing, sometimes we don't prosecute them because we come to the idea that they've suffered e enough. there many things going on here. i don't think it can be attributed to one issue or another.
:there are so many layers to the story. let's get you back in here. we have so many twists and turns ofthis trial. you were there, boots on the ground. what happened with those three female jurors at were taken off the jury a few weeks ago and replaced? do we know the back story thof why were taken off?:they were removed for misconduct on august 19. outside of court, tony úthat one of the jurors had ac d out to firefighter, who is not involved with the case, and was seeking information. that is strictly forbidden. is not entirely clear how the other ones inare wrapped there. they could have e.been communicating. that is what happened. they created stress. suddenly, we e d only alternate juror remaining in this case. >> we see so much of the tragedy with 36 lives lost. this is much more complex. we talk about the ntrification in oaklan across the bay area. matist live there. is not just one ghost ship
warehouse. there similar warehouses in oakland, right? that is exactly right. gentrification is a big issue in oakland. the cost of rent is ineasing, especially since his event in 2016. i've talked alto sev kqed arts reporters and colleagues, the say the cost thof rent is úprohibitive, that certain events and venues, and places like the ghost ship are being driven underground. they can create more safety issues. >>is is this th onus onoakland moving forward, in terms of how they supervise and legislate their own city? one of the lawyers for max harris, said this is on oakland tox the city when it comes to housing. student the question is, what does fix the city mean? in some sense, to create re supervision, will save and lives. that is what wema want.
people in oakland do not want the special character of oakland to go away. as we are seei, starts in san francisco and goes to oakland. it is pushing into the entire bay area. the are issues that e entire bay area will have to contend with. the question of, as being safe have to come exat the nse of losing character? is there some way that we can affordably live in lythese citi without them becoming museums for the rich? >> warmer lequestions move forward with the civil lawsuit that is in process. what you expect to e now? make the important thing to ke in mind, even though coa iction in criminal law would have been useful for the civil lawsuit, the civil lawsuit can't proceed tl independ some of the viewers probably remember the civil lawsuit against o.j. simpson, who was acquitted of the murder ofhis wife. he was found liable to pay damages. the issue here is that these two people do not have deep pockets, not evennearly deep enough to offer monetary compensation, even if that is
possible. their interesting questions as to if there is the rsuit of civil damages, shouldn address the various other parts that may be complicit in what happened here? >> that might require closure for the families. thank you for joining us from uc hastings school of law. thank you for your time. it keeps happening on sunday, gunmen in west texas went on a kishooting spree, lli others, including a r.-month- old todd this time, there was some change. walmart announced theystwould op selling ammunition for handguns and assault rifles and what discourages customers from openly carrying firearms in their stores. while the nra denounced the move, others applauded it, including lawmaker. before thdropping out of presidential race in july, congressman eric swalwell ntde gun l a defining feature
of his campaign. congressman eric swal ll joins now. he serves on the house intelligence and judiciary committees. it's great to have you studio. will talk about gun control. you are leading the charge in ny ays about this. i do have to ask, the tonext to next week, and you are just in the fire. how exhilarating, or how it is exhilarating. cess? you are on the stage with people that you admire. some of them are my friends. i got to the weddings of three of the people that were running for president. that was weirto be on a debate stage was some of them. i ran for president, primarily because i wantedto make and a gun violence a top priority. i use that debate opstage rtunity to ask the runners, joe biden, and sanders, they would endorse ban and buyback plan onassault weapons. they did said they would. they took a public position a o that. our own senator a in california, kamala harris, said
she supported the plan as well. it was a cup of coffee of the campaign. i wish sti was l in it. we did make our mark the issue. other candidates continue to support a ban and buyback. >>we can analyze the get there. cornerback situation of what co will happen on next thursday in houston, texas, e.with estim what you see is an analyst, not a congressman or presidential candidates, but i analyst, and how is joe biden vulnerable? >> yet to make a case for change. most elections, stwhen youneed sitting president, does not happen often. is due to a changed election. it lywas re george bush, jiy carter, in our lifetime. that is where that happened. it was change agents that came in. being the stable, adult in the room, is something that vice president joe biden brings. people want to know, how you
change the issue of gun violence? how do you change the ectsomy that benefolks on the top floors, but not most other floors? what he did for the folks at student loan debtand are in financial quicksand? >> this is what molly harris and other senators, many candidates, is that where they will go at him? >> they are generational change candidates. they are offering a different way of governing. th argument provided isnot a bad one. he is a threat to the democracy with president trump. you somebody that you know who is an adult and can handle the úissues. it will be exciting to watch. >> one of the debates is next year, but it's campaign season, was your clip. joe biden and one of the previous debate , where you said, you went at him pretty firmly about rcssing the i want to reaction. spent joe biden was right when he said it was time to pass thto torca new generation of americans 32 years ago.
he is still right today. we solve the issues of our nation, pass the torch. if we solve the issues of climate cast, pass the torch. if we solve the issue of student loan debt, pass the torc if we and gun violence of parents that are scared to center kids to school, pass the torch. >> pass the torch. the front runner still has a torch. ggie does. s now? he is on the debate stage, and i'm not. ed accredim. this may not be a pass the torch election. it looks like the electorate does he donald trump as such threat, i think they want to know and go with someone they se know. you that with harris, warren, and joe biden. thatwhy they are hanging in there. i still believe, voters want to know whyou will do differently. many of the problems have persisted. persistehey've gotten worse.
even on climate, student loan debt, gun violence, republican and democratic administrations have failed to address this. someone want to convince the th american people this will be difference.>> reporter: is that shooting is of the foot by going tofar left? in 1972 election, you go so far the middle, and donald trump takes the office again? :i think so much of this election will be about exhaustion. people are tired of his crap. we cannot continue to thdo . this last week, he took a hurricane and somehow fod a way to make it worse. rs i do unnd the concern about policies, and goi g left. think a lot of this is about, going back to rrying about our own jobs and not worrying so much about the job that the person is doing in the oval office. that's hard to measure. it's hard to figure out which policy would be favorable or i think a of this is the exhaustion he's put us through. >> it will be a fascinating several months. let's talk interms of bring
ou something to the table, the gun control. this week, the board of survisors declared the nra, ote, domestic terroris organization. is that grandstanding? is that something that there g are some teeth? they are in ablating enabling school shooters and church shters. this is the absolute pp inflexibility to t any chantos to gun laws.:do you i guess i do. t? a >> that's a heavy statement. the nra is a terrorist organization? >> they are not in line with the members. the members, 70% of them pport having background checks . the leadership will not even support that. they fund members of congress in such a way t that they this fear that there would be a penalty to pay. here's a good news. they are on the ropes. workingon the midterm bullying, tweeting minority. if you can stinguish the
noise from the signal, and recognize that it is a few people that really care about e issue, they will threaten and bowling you, but they don't students, or where most people are, you can find the courage to do what is right. >> can taabout this, but what will it take to get something done? >> we've got moredone than we give ourselves credit for. 17 nra endorsed members of congress lost in the last election. that is the post parkland groups that came forward, and beat them in kansas, iowa, and texas. right now. t the moms e doing moms demand action. they're saying, we have walmart,wewalgreens, we have cvs, we have different retailers ying, they willnot allow open carry in their stores. we are not powerless. locally, in the past, vocal ic jurion like boards of supervisors have been afraid to take on e nra. yoknow you will get sued. you may have a law
at is lawful, but the city atto or county attorney says, if you dollars in lion against ions of the nra. we don't wanr to do that with taxpayer dollars. the nra is spread so thinini we should put our foot on the gas, start passing more local laws. >> what is nextfor you? i know you go back to washington, d.c. what is next?il :ilead on this issue of gun safety and push my colleagues of the democratic party to believe we don't have to incrementally tak issue on. background checks should be the floor, not the ceiling, we can ban and purchase assault weapons. in have red flag laws. you can hold manufacturers liable. idt's not be afraof bee nra. we have momentum right now. >> thank you for your time. beginning tonight, san francisco, specifically, the mission bay neighborhood, will change forever. they have the opening-night of the brand-new chase center. a glistening, $1.4 billion waterfront arena, built, financed, and controlled by the úgolden sta warriors.
this is more than a basketball arena. this is an entertainment of of san francisco. they want to host 200 events eaar. this is emblematic of current bay san francisco, playground for the rich and powerful, down the block from homeless encampment. joining me iew, the operating officer, rick phelps. welcome to the show. congratulations. i say this, gedoing anything in the city neand county of san francisco can be challenging. i am being polite. >> thank you. we never miss the opportunity to hang out with you. any project of this magnitude in san francisc has some hurdles to cross. because oftime purposes, what was the biggest hurdle that you faced in getting this privately financed arena done? >> we had to ensure that the neighbors were comfortable with the plan. the biggest ighbors are you cfs. ey operate hospitald have medical care for people.
the whole biotech community has grown up in that area, and the s residents. is a ntg residential neighborhood. we had to find a path that uld protect the interest of everyone in the neighborhood, while also doing everything that one of these amazing arenas can do. that was the biggest challeng >> you talk about all the ri centers, down there today, tomrrow, and yesterday, and it is problematic and congested already. this is a question you asked over and over. what is the real answer of before the central subway out system is built? >> it is th19. algreat new arenas that are being built today are built in the most dense, urban environments. that is the place th is the most accessible to the most at people. is where they do the most for the communities in which they reside. i wish the warriors d colve san francisco's traffic oblems. we can't.w have good ideas that help people get there. first building. ion everything we message out there is to please take public
transporation. it will get better weer time. are starting with this area. this is a stop right on the site. it has expandedand doubled e size of that. we can load 1600 people at a time on 4, two car trai postgame. it is free to ride on any event day. the worst game, concert, whatever it is, your ticket to that event is good for free transportation.:this is a cultural shift that you are asking peop to make. when i go to the games, drive. when my neighbors go, we are in& california, foyou're asking cultural shift. is. not only that, but it will be an experienced shift. atracle arena, we were in arena in the middle of a giant parking lot on an interstate highway. everybody arrived at the same time. there was nothing elseto do except for walk in the arena. you ate in the arena. that completely changes now. this is operating 365 days per
year. it is not just an arena. we e eating 29 retail restaurant opportunities on site over the course of this year. there is 3.5 acres of public we have art to enjoy. blspace. where public transportation at the front door. you can ride two hours early and stayed two hours late and have a different experit ce than wpeople are used t to having. >> you know the nba and have worked in the league from the ce front of this is bittersweet, leaving oakland. it was such a good landlord and tenant situation, but the soul of the warriors had so much do with oakland. the community? tersweet leaving you're going across bay. do you feel bittersweet?:we spent a year celebrating the 47 ar history. e bring you with us. number one, the people, we do not know how many people would come witus from e audience we had a oracle arena to the chase center. we were thrilled that 70% of the season-ticket holders are
coming with us. most of the audiences the same úarena. at were in oracle launched the town jersey 3 years ago. we ll continue to ancelebrate oawith the town jersey, wearing that it san francisco. we are creating a new court the celebrate oakland. we have a banner. it is oakland. it is 47. it will always hang to celebrate her history there. >> what about the vibe? do you ar you will miss out on the five of the east bay? the warriors games were u went outside of the game, win or lose, there's a dj spinning of people dancing. we feel that it san francisco? >> yes. if you want to ke somebodies, fried chicken sandwich, that is in oracle arena. yo if want to go to the belly restaurant, we will have a if you wato muralist from . oakland, you will find that in the ma concourse. we will be a local team.
we have one foot on the east side. wee repurposing the former headquarters in downtown, oakland. we are taking our practice facility and turning it into sk the biggest ball teaching place for kids, anywhere. we are taking our business offices, and giving those to not for profits, funded by the warriors .community foundati we have a headquarters in oakland, as well as in san e francisc. >>talk about you being a san francisco resident. this is the juxtaposition. this is not an issue on you are the warriors. a are building ngbillion- dollar arena, with a private dining room, it's saon the street or block, there are homeless encampments. had we approach this? this is a societal issue. >> it is. we are sympattic as every other resident and every other business in san francisco. we know we need to do better. that's not just the warriors, that is the city's job. thx dollars that we generate, will hopefully help to support many programs that
people. rove the as far as this idea that the buildings for e rich, itis not. i talk about the nba's robin hood thry of pricing. there are few people that will pay an incredible amount neof for the tickets. that does enable us to keep prices in the building much more moderate than they would be without those people. there's something for everybody. every se at oracle arena has a restaurant, or club amenity associated we h it. we seexactly the same food on the main concourse as we do at the top of this area. this is an experience that we have to be sensitive to. our fans are everybody. we need everybody to come to oracle and enjoy the games and concerts. want to talk basketba? make sure. >> what happened to kevin durant? what was the last conversation? did he call up you guys, as a, guys, i'm out? did he text you guys? >> th was a conversation with bob myers. we wish him well.
we won two championships with him. one ips thing i'm most proud ab and is indicative of how we treat the players, when you go to oracle arena, or when u go to chase center, joe announced that we are retiring his number 35. that is for e warriors. when you look at the original our work, we have great art throughout the arena. you will see a lot of kevin durant. we will celebrate him forever. he was part of the team and two championships.at we did win mpted before he got there. those key guys are still there. i think we are better suited in the underdog role, then we are in a favored role. >> i'm guessing, many people around the league love the fact that you guys will not be as dominant, in theory, wi key injuries. yet to come at it. >> we will. the team edis exc th bob myers d they're able d to do to retool, immediately, úhave eight new players. e, we
we also have 4 all-stars. no other team in the nba will put 4 all-stars out there. clay will come in later the season. we can hang in there be competitive through thlffirst when he comes back, we can make things pretty interesting for people in the layoffs. ng for people in the >> good luck this season. by the way, get out of here, you have metallica and the symphony coming tonight.:i heard you are going. >> i am. that will do it for us. fi you can more of our coverage at kqed.org. thank you for joining us.
captioning sponsored by wnet >> sreenivasan: on this edition for sunday, ptember 8: president trump says he canceled a secret meeting with the taliban. the latestn the aftermath of hurricane dorian. and, in our signature segment: tackling the norms of masculinity.on next, bs newshour weekend. >> pbs newshour weekend is made possible by: bernard and irene schwartz. sue and edgar wachenheim iii. the cheryl and philip milstein family. the j.p.b. foundation. rolind p. walter, in memor of george o'neil. barbara pe zuckerberg. corporate funding is provided by mutual of am