Max harris. Many family members clearly upset by what happened. We spoke to family members of two victims who died and heres what they had to say. Its just disbelief, im in shock. I dont know what else to say. We were hoping for justice. We did not get justice. Personally, i feel that its because the city has so much to do with it, they couldnt just find these two people guilty. Imad, im just upset, my son and his girlfriend died, and its just in vain . Ive been here almost every day for over five months. For the jury to come back with this . Its just upsetting. There is no other word for me to say. Im just upset right now. The key question is will the Alameda County va retry Derick Almena or decide not to retry him. The key question here is that 10 jurors were in favor of guilty, two were in favor of acquittal. The key thing is whether or not the das office has the resources to do this again. I spoke with it chief assistant da and this is what he had to say. Since the beginning of this case, our hearts have been with the families of the 36 victims that died in this unspeakable tragedy. That still remains our focus. And that will be our focus going forward. If you recall, there was a plea deal reached for both defendants last year, but that deal, which was passed out by another judge, said Derick Almena did not show enough contrition. Here we have a lot of angry family members, the question is whether Derick Almena will be retried is up in the air. Max harris is expected to be released. Henry, can you talk a little bit more about the specific reaction from harris and almena as the verdicts were red. We heard the first not guilty verdict, max harris was elated. Derick almena was looking down, which he did for most of the trial. As far as the family members, they were clearly upset. They were dabbing at their eyes with tissues. Again, just stunned silence as those not of the verdicts continue to be read. Joining us now is our legal analyst michael cardoza. You thought this would go this way. I did, a number of weeks ago i said on the 4 00 news, and again, after doing this for as long as i have, i know we can do nothing but guess. But i thought they were going to find harris not guilty, and almena guilty. I guess we came close. The big question now is will they retry it . The king of that, i was sending to you talk, and you were saying there is the possibility that the prosecution and almenas attorneys can get together and reach a plea bargain so they dont have to go through a whole new trial. I think that would be smart on both sides. Remember you had a plea bargain reached before. Where the judge brought them in, and they reached a negotiated disposition where both men would spend time in the they sent it up to judge kramer to impose the sentence, the family members came in and spoke. At that time, and my heart does go out to the family members. I understand the emotion, but, you want people who are not emotionally driven, deciding the cases. So they went before judge kramer, and judge kramer undid that negotiation. At that time i thought be careful what you wish for, because ive done over 35 years of jury trials. You never know where they will go, as witnessed by this. Ive been getting phone calls from all over the country saying im shocked, how can they do this. But this was a jury of 12 people, unemotional, that heard all the facts. We did not hear everything. And they came back with this verdict, and youve got to respect it. Thats why, when finally everybody settles down, the defense and the prosecution should get together and talk about disposing of the case. Pleaded to one or two mens letters, and we will give you so many years in state resin. The families may raise up to that, but i think you now have an arrow in your quiver as the prosecutors. The government said look, look what happened last time. We went through this and it will cost a ton of money, time and emotion. We should dispose of this in this way, and i think the families will be more receptive, after going through this trial. We will get a little bit more from outside the courthouse. Lets go to the courthouse now. Brooks jarosz has reaction from the defense attorney. I want to play on something michael just said, if you think about it, this was a gamble, something the family members wanted to see was have a go to trial and have all the specs come out in trial. The fact is that a lot of the information that was revealed in court was really about these two men and their roles, not so much what the family members had hoped, which was the city being accountable, other entities being accountable and so forth, like the building owners for example. A kind of came as a surprise today that they came with a verdict, because before noon, we thought they were getting ready to take their lunch break. Then we learned that they had in fact reached a verdict. So all the family members had a couple of hours to scramble over here and get ready to hear that verdict being read. Now, there was a packed courtroom there, in fact two dozen people couldnt even get inside. I was one of them, only henry was able to get in. I was outside waiting with people, wondering what was going on inside. We know there were mixed feelings and afterwards harriss attorneys came down, all smiles. They were excited to talk but they also said that the city of oakland and the building owners should be accountable. And then almenas attorneys outside of the courthouse said they were emotional, one of them cried. They said they are now preparing to retry this case, and they are confident that it will be a better outcome the next time around. Take a listen. Ive been up with my client, we talked for about a half hour, and he is less distress than i, what we both look forward to is the next trial. In the next trial we will do better. Its been an honor fighting for an innocent, brilliant artist who never should have been charged in the first place, who had seemingly unlimited amounts of government resources, and a government machine geared towards proving his guilt. Despite all of the facts showing his innocence. As we reported today at noon, we were not getting any insight at that point into what potential motions were filed by defense attorneys, but we did learn that they were both asking for a mistrial. Now we know why, because we know that there were three jurors who were in fact kicked off the original jury for misconduct. We found out that one of the jurors was ends with a firefighter, not connected to this case. That person had a conversation with that firefighter and then came back and told to other jurors about it. Those are the three that were asked to leave the jury, and the newly seeded jury spoke and discussed and came up with this verdict in about six days. Live in oakland, brooks jarosz, ktvu fox 2 news. Michael cardoza is back with us again. So transiting i will be back in court on october 4. They have a huge decision as to whether to retry this case. What type of factors, what goes into making that decision for the das office . The first decision is, we know the answer, what was account . 10 2, 10 guilty, to not guilty. If it were different, 6 6, the da would be thinking differently about it. It was 10 2 for not guilty, they would be thinking different. Now, with the two prosecutors are doing, and they did it earlier today, they talked to the jurors and they say how did you come to this decision . They especially talk to the two holdouts, the ones that say not guilty and say why did you do that . What was your thinking, where did we, as the government, fall short . And if they give you logical answers, and you start plugging the case, and say okay, next time we tried we will do this or that, you never know what they are telling the government prosecutors. But those are the things you look at. Why, and then its the da who has to go wait a minute, this costs us how many millions of dollars, and what is the budget. Lets Start Talking to the defense about getting this settled. When you look at this case, to the prosecution make mistakes, was the defense just better than the prosecution . When you look at it in totality, what you think about the defense and prosecution . I thought all of them did a very good job. You cant say d, where the oscars less professional, less good than the defense. For the to the represented harris better, no. Ive watched a good portion of that trial. And they all did a professional job. They were all good. Its the fact that you are dealt with. Heres some good facts, you represent this particular defendant, and in this case, almena who was more of the gopher in the case, the lesser, excuse me, and then you have almena who is the heavier one, remember where they wanted the reback from the Fire Department and they said hey almena told us nobody lived here. They lied. So that goes against him. That doesnt make the attorneys any better than one. When i was a prosecutor there were times where you would go in and say boy that was a good defense attorney, he really outdid me in this one. But you still get your conviction, or vice versa. So you cant judge the attorneys worth by the verdict in this case. I thought they were all good, they did a good job. Now i think its incumbent on all of them, get this case settled so you dont have to go back through this again. We will leave it at that michael, thank you. The oakland mayor released this Statement Today after learning of the verdict saying our thoughts are with the families and friends of the victim today. I am grateful for the professionalism and integrity displayed by all current and former City Employees who participated in this trial. At the people lost in that horrible fire on december 2 2016 were young, creative and loved by so many. The youngest was only 17 years several of them were musicians and djs themselves, out to enjoy an evening of music. Others were artists, filmmakers, teachers and students. We have much more information on all of the 36 victims on our website, ktvu. Com, you will also find and release daily ghost ship warehouse trial blog. Still to come, and alleged cheating scandal involving teachers in a high school in oakland. Also ahead, flooding, trees down, even tornadoes, hurricanes dorian hitting the east coast. And we will also take a look at the bay area weekend that is just around the corner. 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The department of justice revealed that 150 million pedicures scheme involving bay area professionals, doctors and nurses accused the referring patients to to local healthcare corporations in exchange for cash and luxury items. Reporter what we are talking about here is financial fraud. Investigators emphasize the quality of care to patients is not in question, in fact they say these corporations felt it important that there werent any of quality care complaint in order to get the money flowing. Federal investigators have uncovered what they call a cash for patient scheme. Is a scheme in which doctors, nurses and other medical care professionals provided patient referrals through medicare out to the corporations in return for kickbacks. U. S. Attorney David Anderson along with the fbi reveal the allegations at a News Conference on thursday where they detailed how the ceo of advent care and amity Home Healthcare in hayward is involved. Amity is said to be the largest Home Healthcare provider in the bay area. Its ceo is pictured here on her linkedin page is charged with insight kickback violation emma witness tampering and lying to investigators. The antikickback statute prohibits either the giving, receiving or offering of a kickback or bribe or rebate in connection with several Healthcare Programs for ktvu spoke with a man that said he knows amity, and he said the competition is jealous of their success, and that the allegations were false. There 150 million in tainted medicare billings, 8 million in kickbacks, 6 million of the kickbacks in the form of cash, 2 million of those kickbacks in the form of payments to medical directors. Investigators also save some of these doctors and nurses were paid in luxury items like game tickets to see the golden state warriors, trips to las vegas, expensive meals and entertainment. They appeared in federal court today along with 11 others, the fbi tells ktvu that none of them remain in custody but were assigned her next Court Appearance. According to the complaint each defendant was recorded by Law Enforcement officers either offering or accepting or approving illegal payments for patient referrals. The corporations could face 1 million in fines for each violation, if convicted the defendants face a maximum sentence of 10 years in prison and a 500,000 fine. Singh could face a maximum of 25 years in prison. If youd like to see the list of names of the defendants included as nurses and doctors you can go to our website and click on the story. Alyana gomez in our newsroom tonight. Hurricane dorian is limning the carolinas tonight. Treston historic neighborhoods are underwater as heavy rains account the city. And in order carolina tornado touchdown, destroying an entire rv park. And an suv got stuck in the high surf in myrtle beach. Police were notified about the abandoned vehicle on the beach this morning, but because of the weather, it is not safe for them to try to remove it. Now to the bahamas we have new video tonight of the storm as it struck a bacoe island over the weekend. The deadly storm pounded the island with torrential rain and damaging winds. The powerful winds tore off roofs on structures and bent palm trees, at least 20 people have been killed and as many as 13,000 homes have been destroyed or severely damaged. Everybody is in a state of shock right now. We lost everything, so right now its survival mode. Search and rescue efforts are still underway to find any stranded survivors. Was bringing our chief meteorologist to talk about where dorian is right now. It is moving up the coast, its got the speed now, its not stalled, its moving at about 10 miles an hour, which is good after barely moving for the last three days. Windsor sustained at 100 miles an hour, and you can see the past, and it does start to accelerate, but not before it looks like it wants to hit landfall as it goes up towards elizabeth city. Lots of storm surge here, and this is all about the water. There is some wind, certainly, and for our east coast its been about storm surge. And the beach erosion in some of the issues you are seeing on the rivers backing up. The forecast, as we head into the next couple of days, we are looking for temperatures generally to be on the mild side. That means we are looking at cooler daytime highs. As you look at the fog off the coast you can see it sitting on the peninsula. That fog is basically going to be around the next few days. The numbers are going to reflect that. The cooling, moist air of the pacific is going to push in and set us up with temperatures tomorrow that look a lot like these. Instead of 90s, we will be seeing 80s in the inland bay valleys. Today its 12 degrees cooler in fairfield and concord. 9 degrees cooler in livermore than it was last night. The fog out there is in the deep marine layer. You can see the fog getting up over the hills. So the plan, call her as we head in toward your bay area weekend. Highs in the 80s, when we come back we will take a look at the five day forecast. I think you will be impressed with how much cooler it gets for saturday and sunday. Dramatic the raiders star addition in the offseason may not take the field in it is not because of an injury. Coming up next, the confrontation that could lead to Antonio Brown being suspended. Find the brands you love from nordstrom. Up to 70 off at nordstrom rack. Thats fashion at a fraction. Shop anytime at nordstromrack. Com and get easy returns in store. Nordstrom rack. What will you find . First it was his feet, then his helmet. Now, a fine and instagram posting confrontation with the general manager. Antonios first few months as a reader has been filled with drama. Is a chance he may be suspended by the team, our sports director is here, i dont know, i think id want to go beyond suspension and just cut it. First of all, it was kind of entertaining. Remember he arrived in an air balloon, and he had kind of a reputation as a diva. It was all fun and games, and everybody was kind of playing it off. But right now, can you imagine, the raiders will open the season against the denver broncos, their final season in the east bay, and on the eve of all that, one of their top players, if not their top player, is a will, again. So lets read run down a little bit of the chronology. After he did arrive in air balloon, a member the cryotherapy treatment where he did not put on the proper footwear, hes ever severely blistered feet, then there was the helmet fiasco where he left camp a couple e he was outdated helmet and refuse to wear her new one. And then with all these shenanigans and the time he missed, he was evidently and quietly find by the team 54,000. Yesterday he issued a post, social media post on his Instagram Account that was virtually unintelligible. It made no sense at all, unless you read some kind of code. So that was a little bit alarming right there. Evidently, reportedly, he had a confrontation with the teams general manager, mike mayock, and had to be restrained by another one of his teammates. Today, brown is not on the premises at all in alameda at the training facility. Both mike mayock, and coach jon gruden spoke to the media and revealed virtually nothing. Antonio brown is not the building today, you will be practicing. I dont have any more information for you right now. When i have some, and it becomes appropriate you guys will all get it, i promise you. Im emotional about it, and i hope you understand why. I think a lot of this guy, and i think antonio is a great receiver and i think deep down hes a really good guy. So im frustrated, im not going to say anymore about it, hope it all works out. But i dont have anything official to say about anything else until i get all the facts. Use with the story g