Oakland in december 2016. Yesterday, jerry handed down a mixed verdict. They ruled that max harris, not guilty, but did not [ indiscernible ] alameda judge Trina Thompson declared a strial for one man. They faced 36 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 c when the vewas delivered. Achusetts, law professor, thank you for being with us. Tell me about it. In the courtroom, you cover this trial since day one. What was the emotion in there . What was the impact . Cement before the verdict was read, you can see crying. Ims families, the relate they passing tissues amongst themselves. When the verdict was read hafor is as not guilty, was stood out was one woman in particularu her head in her hands, and was shaking back and forth like him i cannot believe this was happening. People pedid a conviction. When the mistrial was announced for Derick Almena, there was a collected ga of the victims. Er was a real sense of shock that there was no conviction for him. Walk us through is. There were families and supporters of the victims, course. What was the jurys reaction . To read through many rethings. What they doing . What were their expressions . The jury read took a few minutes by the court reporter. There was not a lot of expression from the jury. There was one row of suorters for the defendants. And there were many supporters for harris. He had been there for many of e days of the trial. They hugged, they cried, and they were elated after the verdt was read. Lets bring in some legal background. Were you surprised . I preface everything, nothing was surprising e five monthlong trial. Were you surprised at the verdict . Really, we know this was a pretty difficult and complicated trial, not only because it is a trial pertaining to a horrible tragedy, but because there are so many issues, social issues, political issues surrounding what erhappened it was so complex. It could have gone anyway. What comes next . Is october 4 a big date on the calendar, when they go back to mena. N terms of derick max harris walked out of jail last night. What comes next for Derick Almena from a legal standpoint . there is a difference between an acquittal and a hung jury. And acquittal is the end of the line. Of the jury acquits someone, and the jury is a black x, we dont know why they decided what they decided, the prosecution cannot appeal that. However, when we have a hung jury, that means the jury was unable to reach a decision. In this case, 10urors tore leaninrd convicting, two are leaning toward acquitting, and they could not reach a verdict. In that case, it is dismissed, without prejudice. At means, the prosecution can retry the person. The bigger question is, should the prosecution retry the person . Is it worthwhile is it good idea . Is it the right thing to do. That will have to be decided within the das office. There will be ara g with all parties to determine how to proceed. Is there possibility of a plea deal agn . We reacheone last year mistrial and it was run out. But they reach another one for Derick Almena . Absolutely. This is the possibility. If the prosecutor foresees a situation where they cowill ter many hurdles in the trial, we know that the jury will eventually decide that the cases are homogenized. The jurors were bumped off and replaced nawith alts. There were many surprising things and twists in the jury plot in this case. The precutor may not nt to take that risk or could offer Derick Almena a plea isdeal. This a sure thing. This is a lesser penalty. Just take this. There is no trial. Is less risky for Derick Almena, and he dey not de to take the deal. Inspected they dropped the ball . Did the District Attorney lose this case . Without knowing what happened in the jury room, it is impossible to answer this question. What is special about juries, as opposed to sythe legal em where there are professional judges, juries dont to lane why they did what they diil wenever really know what happened in that room. Even if we hear from a juror or two, wh 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 theory that invols complicit responsibility a part of the city. We know they suggested the so possibility of we know that there are many ght thing to do . G, is is the wenow in the context of max harris, his Close Friends with many of the people that died. Ed the tris a tragedy for him as well. Is this the right thing . One decent prosecutorial thing, sometimes we dont prosecute idea that theyve suffered enough. There are many things going on here. I dont think it can be attributed to one issue or another. there are so many layers to the story. Lets get you back in here. We have so many twists and turns of this trial. Th you were e, boots on the ground. What happened with those three female jurors that were e taken off jury a few weeks ago and replaced . Do we know the back story of why they were taken off . they were removed for misconduct on august 19. Ur outside of tony uthat one of the juro had aid reached out to a firefighter, who is not involved with the case, and was seekin information. That is strictly f is not entirely clear how the other ones are wrapped in ther they could habeen communicating. That is what happened. They created stress. Suddenly, we had only one alternate juror remaining in this case. We see so much of the tragedy with 36 lives st. This ismuch more complex. We talk about the gentrification in oakland across the bay area. Many artist live t there. Is 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 increasing, 2016. Ally since his evt in ive talked to several kqed arts reporters and colleagues, the say the cost of rent is so uprohibitive, that certain events and venues, and places like the ghost ship are being un drivenrground. They can create more safety issues. Is this the onus on oakland moving forward, in terms of how their own city and legislate one of the lawyers for rrmax , said this is on oakland to fix the city when it comes to housing. Qu student thtion is, what does fix the city mean . In some sense, to create building regulation codes, and ves. Supervision, ll save that is what we want. Many people in oakland do not want the special character of oakland togo away. As we are seeing, starts in San Francisco and goes to oakland. Bay area. Ng into these are issues that the entire bay area will have to contend with. The question of, as being sa have to come at the expense of losing character . Is there some way that we ca affordabve in these cities without them becoming museums for the rich . Warmer question, lets move forward with the civil lawsuit that is in process. What you expect to see now . Make the important thing to keep in mind, even though a conviction in criminal law would have been useful for the civil lawsuit, thcivil lawsuit cant proceed independently. Some ofabthe viewers pr remember the civil lawsuit against o. J. Simpson, who was acquitted of the murder of his wife. He was found liableto pay damages. The issue here is that these two people do not have ep pockets, not even nearly deep enough to offer monetary compensation, even if that is possible. Their interesting questions to ithere is the pursuit of civil damages, shouldnt they address the various other parties that may be complicit in what happened here . That might require closure for the families. Fo thank you r joining us from uc Hastings School of law. Thank you for your me. It keeps happening on sunday, gunmen ins west texa went on a shooting spree, killing seven and wounding 22 others, including a 17month old toddler. This time, ere was some change. Walmart announced they would stop selling ammunition for handguns anassault rifles and what discourages customers from openly carrying firearms in thr stores. While the nra denounced the move, others applauded it, including lawmakers. Before dropping out of the president ial race in july, congressman Eric Swalwell made gun control a defining feature of his campaign. Congressman Eric Swalwell joins us now. He serves onthe house intelligence and judiciary committees. Its great to have you studio. Will talk about gun contro you are ading the charge in many ways about this. I do have to ask, the next tomatoes next week, and you are just in the fire. How exhilarating, or ngw exhauswith the process . It is exhilarating. 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 peoplethat were running for president. That was weird, to be on a debate stage was some of them. I ran for president ,imarily because i wanted to make and a gun violence a top priority. I use that debate opportunity to ask the runners, joe biden, and sanders, they woul endorse my ban and buyback plan on assault weapons. They did said they would. They took a public posion on that. Our own senatoa in california, kamala harris, said she supported the plan as well. It was a cup of coffee of the campaign. I wish i was still in dit. Make our mark on the issue. Other candidates continue to support a ban and buyback. Im confident will get there. We can analyze the cornerback situation of what will happen on xt thursday in houston, texas, with estimate. What you see is an analyst, not congressman or esidential candidates, but i analyst, and how is joe biden vulnerable . Yet to make a case for change. Most elections, when you need a sitting president , does not happen often. Is due geto a chelection. It was really george bush, jimmy 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 violence . Issue of gun how doyou change the economy that benefits folks on the top floors, but not most other floors . What he did for the folks at Student Loan Debt and are fiin ncial quicksand . This is what molly harris and other senators, many candidates, is that where they will go at him . They are generational change candidates. The fering a different way of governing. The argument provided is not 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 uissues. It will be exciting to watch. One of these debatesis next year, but its campaign season, was your clip. It was your interaction with joe biden and one of the previous debates, where you said, you nt at hipretty firmly about passing the torch. I want to reaction. Spent joe biden was right when heaid it was time to pass the torch to a new generation of americans 32 years ago. He is still right today. If we solve the issues of our nation, pass the torch. We solve e issues of climate cast, pass the torch. Student loan debt, pass the torch. If we and gun violence of parears that are to center kids to school, pass the torch. Pah. The to the front runner still has a torch. What happens now . Maggie does. He is on the debate stage, and im not. Accredited him. Thisay not be a pass the torch election. It looks like the electora does he donald trump as such a threat, i think they want to know and with someone they know. You see that with harris, warren, and joe biden. That is why they are hanging in there. I still believe, vors want to know what you will do differently. Differently. Yve gotten worse. Even on climate, Student Loan Debt, gun violence, republican and democratic administrations have failed to address wathis. Someon to convince the American People that this will be difference. Reporter is going too far left . The ot by in 1972 election, you go so far left, you isolate everyone in the middle, and donald trump takes the office again . i tnk so much of this election will be about exhaustion. People are tired of his crap. Wetocannot continue do this. This last week, he took a hurricane and somehow found a way tomake it worse. I do understand the concern about policies, and going left. I think a lot of this is about, going back to worrying about our own jobs and not worrying so much about the job that the person is doing in the fioval. Thats hard to measure. Its hard to figure out which vopolicy would be ble or not. I think a lot of this is the exhaustion hes put us through. It ll be a fascinating several months. Lets talk in terms of bring ou something to the table, the gun control. This week, the board of supervisors declared the nra, quote, domestic terrorism organizationnd is that grandsg . Is that something that there are some teeth . They are in ablating enabling School Shooters and church is is the absolute inflexibility to support any changes to gun laws. do you agree with that . I guess i do. A thats a heavy statement. The nra is a terrorist organization . They are not in line with the members. S, the memb70 of them support having background checks. The leadership will not even support that. They fund Members Congress in such a way that th this fear that there would be a penalty to pay. Heres good news they are on the ropes. Workingon the midterm elections, they are a vocal, bullying, tweeting minority. If you can distinguish the noise from e signal, and people that really care about the issue, they will threaten and bowling you, but they do t represent the moms or the students, or where most people are, you can find the courage too what is right. We can talk about this, but what will it take to get something done weve got more done than we itgive ourselves crfor. 17 nra endorsed members of Congress Lost in the last election. That is the post parkland beat them in kansas, iowa, and texas. T lookwhat the moms are doing right now. Moms demand action. Theyre saying, we have walmart, walgreens, we have cvs, we have different retailers saying, they will not allow open carry in their stores. We are not powerless. Locally, in the past, vocal jurisdiction like boards suof rvisors have been afraid to take on the nra. You know you will get sued. You may have wa that is lawful, but the City Attorney or county attorney says, if you do th, it will be millions of dollars in litigation against the nra. We dont want to do that with taxpayer doars. The nr spread so thin, i think we should put our foot on the gas, start passing more local laws. What is next for you . I know you go ck to washington, d. C. What is next . i will lead on this issue of gun safety and push my colleagues of e Democratic Party to believe w to incrementally take this issue on. Background checks should be the floor, int the ce we can ban and purchase assault weapons. In have red flag laws. You can hold manufacturers liable. Lets not be afraid of the nra. We have momentum right now. Thank you for your time. N ginning tonight, francisco, specifically, the mission bay neighborhood, will change forever. They have the openingnight of the brandnew chase centng. A gliste, 1. 4 billion waterfront arena, built, financed, and controlledby the ugolden state warriors. This is more than a basketball arena. This is an entertainment of of n francisco. Ey want to host 200 events each year. This is emblematic of current bay San Francisco, playgrou for the rich and powerful, down the block fromme ss encampment. Joining me now, the chief operating officer, rick phelps. Welcome to the show. Congratulations. I say this, getting anything done in the city and unty of San Francisco can be challenging. I am being polite. Thank you. We never miss the opportunity to hang out with you. Any projecmaof this itude in San Francisco has some hurdles to cross. Because of time purposes, what was the biggest hurdle that you faced in gepring this ately financed arena done . Wehad to ensure that the neighbors were comfortable with the plan. The biggest neighbors e you cfs. They operate hospitals and have medical care for people. The whole Biotech Community has growatup in area, and the residents. This is a big residential neighborhood. We had to find a path that everyone could agree on, that would protect the interest of everyone in the neighborhood, while also doing everytng that one these amazing arenas can do. That was the biggest challenge. You lk about all the centers, drive down there today, tomrrow, and yesterday, and it is problematic and co ested already. Th a question you asked over and over. Ople just getting in and out before the central subway system is built . It is 2019. All the great new arenas that are being built today are built in the most dense, urban environments. That is the place that is the most accessible to the most people. That is where they do the most for the communities in which thwi reside. San franciscos traffic lve problems. We cant. W have good ideas that will help people get there. We are Public Transportation first building. Everything we message out there is to pleasetake public transporation. It will get better over time. We are stting with this area. This is a stop right on the site. It has expanded and doubled the size of that. We can load 1600 people at a twtime on 4, car trains postgame. It is free to ride on any even 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 people to make. When i go to e games, drive. When my neighbors go, we are in california, youre asking for cultural shift. Isnot only that, but it will be an experienced shift. At oracle arena , wewere in arena in the middle of a giant parking lot on an interstate ghway. Everybody arrived at the same time. There was nothing else to do except fowalk 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 are creating 29 Retail Restaurant opportunities on site over the course of this year. There is 3. 5 acres of public space. Ere Public Transportation at the front door. You can ride two hours early have a different experience than what people are used to having. You know the nba and have worked in the league from the front office. Oakland. Et, leaving it was such a golandlord and tenant situation, but the soul of the warriors had so much to do with oakland. Do you feel bittersweet leaving the community . I know youre going across bay. Do you feel bittersweet . we spent a year celebrating the 47 year history. We are bring you with. Number one, the people, we do not know how many people would come with us from the audiencea we had oracle arenato the chase center. We were thrilled that 70of e seasonticket holders are coming with us. Most of the audiences the same uarena. T were inoracle we launched the town jersey 3 years ago. We will continue to celebrate oakland with the town jersey, wearing that it San Francisco. We are creating a new court the celebrate oakland. We have nna. It is oakland. It is 47. It will always hang to celebrate her history there. What about thdovibe . You fear you will miss out on the five of the east bay . The warriors games were special. You went outside of the game, win or lose, theres a dj inning of people ncing. We feel that it San Francisco . Yes. Fried chicken sandwich, that is in oracle arena. If you want go the belly restaurant, we will have a belly restaurantat that site. If you want to muralist from oakland, you will find that in onthe mainurse. We will be a local team. We have one foot on the east side. We are repurposin the former headquarters in down oakland. We are taking our practice facility and turning it into the biggest basketball teaching place for kids, anywhere. We are taking our business offices, and giving those to not for profits, fued by th Warriors Community foundation. We have a headquarters in oakland, as well as in san francisc. We talk about you being a san franciiso resident. Thisthe juxtaposition. This is not an issue on you are the warriors. We are building a nbill dollar arena, with a private dining room, its on the same street block, therare homeless encampments. Had we approach this . This is a societal issu it is. We are sympathetic as every other resident and every other business in San Francisco. We know we need to better. Thats not just the warriors, that is the citys job. The tax dollars that we generate, will hopefull to support many programs that will improve the life of people. As far as this idea that the buildings for the rich, it is i talk about thnbas robin hood theory of pricing. There are few people thatpawill an incredible amount of money for the tickets. That does enable us to keep prices in the building much more moderate than they would be without those people. Theres something for everybody. Every seat at orle arena has a restaurant, or club amenity associated with it. We serve exactly the same food at the top of this area. We do this is an experience that we have to be sensr ive to. Fans are everybody. We need everybody to come to oracle and enjoy the games eran co. Want to talk basketball . Make sure. What happened to vin durant . What was the last conversation . Did he call up you guys, as a, guys, im out . Did he text you guys . That was a conversation with bob myers. We wish him well. We won two championships with him. E thing im st proud about, is and indicative of how we treat the players, when you go to oracle arena, or when you got to chase , joe announced that we are retiring his number 35. That is for the warriors. When you look at the original our work, we have great art e throughout arena. You will see a lot of kevin durant. We will celebrate him forever. He was part of the team d two championships. We did win attempted before he got there. Those key guys are still there. I think are better suited in the underdog role, then we are in a favored role. Around the leaglove the fact that you guys will not be as dominant, in theory, with key injuries. Yet to come at it. We will the team is excited. With bob myers and theyr able to retool, immediately, uhave eight new players. E, we we also have 4 allstars. No other e team in nba will put 4 allstars out there. Clay will come in later the season. We can hang in there competitive through the first half, when he comes back, we can make things pretty interesting for people in the layoffs. Ng for people in the good luck this season. The way, get t of here, you have metallica and the symphony coming tonight. i heard you are going. I am. Do that will it for us. You can find more of our coverage at kqed. Org. Thank you for joining us. Pete an indelible debate over the forecaster inhief. Robert costa is away on assignment. Im pete williams. Welcome to washington week. Legislative sint, Congress Returns from its summer recess from a long agenda and a looming Government Shutdown october 1st. Sofight over fire arms. Will congress do something to address gunn violence . Building wall. The pent gob is pentagon is diverting billions. And the House Democrats are investigatingth wheer President Trump is on those who do