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"Based on the amount of prejudicial publicity that's been directed towards Mr. Almena, we don't want to water down Mr. Harris' statement to the public and to the families, he took accountability," said Briggs during a recorded Facetime interview with ABC7 News.
On Friday, Judge James Cramer said Almena wasn't remorseful enough. He rejected the co-defendants plea deal. In exchange for no contest pleas to involuntary manslaughter, Almena was going to get nine years in jail and Harris six.
"In my opinion, the judge was telling me that the case should be dealt with separately," said Briggs.
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Briggs says he'll mention his plans to make the motion in Friday's hearing, but he says it will take several weeks to prepare the motion.
Friday is also a big day for Almena's attorneys.
#BREAKING #OnlyOnABC7 Attorney for Max Harris says he will make motion to sever Harris’ case from Derick Almena’s in Ghost Ship Warehouse Fire. Story at 5pm @abc7newsbayarea pic.twitter.com/szHiEIXFfE— Melanie Woodrow (@MelanieWoodrow) August 15, 2018
Brian Getz says they need to decide whether to make a motion to request a change of venue for a possible trial.
"I'm thinking about it hard, I don't know," said Getz. Getz says the decision will be a close call.
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"We could ask for a change of venue and get a trial in Orange County, which in our experience is a much more republican, rigid, narrow minded group of people compared to what you have in Alameda County," said Getz.
In an exclusive interview with ABC7 News Monday from Santa Rita jail, Almena said he doubted he could get a fair trial in Alameda County now.
"How am I going to find a jury that hasn't heard me say OK, I'm guilty, I'm guilty for allowing this to happen," said Almena via video hookup.
Regardless of whether Almena's attorneys make a motion to change venues, Getz says a new plea deal is still a possibility, just likely not by Friday.
ABC7 News reached out to the Alameda County District Attorney's Office. A spokesperson said they are waiting until after court on Friday to comment.
For for full coverage on the investigation into Oakland's deadly Ghost Ship Fire, visit this page.
VIDEO: Remembering the Oakland Ghost Ship Fire victims