Second. First, we have to focus on the big news happening right here at home in the city of oakland. Executors indigo ship warehouse try are now deciding whether or not to seek a second trial against defendant derek l mehta. They found max harris not guilty on all charges. They voted 10to to convict l mehta. That means a hung jury. Prosecutors talk to harris about feedback on whether or not to retry a meta. Derek l mehta. To be an convicted, he is very unhappy when he thinks about the loss. Our hearts have been with the families of the 36 victims that died in this unspeakable tragedy. That still remains our focus. He was released from dublin just last night. His next Court Appearance is scheduled for october 4th. Deputy say they talk with max harris about 15 minutes before releasing him. Authorities said he was quiet and reflective as they drove him to an undisclosed location. Terrace did not want to make any public statements at the time. Derek almeidas attorney said he will not stop until his client is out of jail as well. My position is very strongly right now, that i would like to get him bell, and set him a jury trial as quickly as i am available, and in the interim, prepare for trial. He fears a second trial, if there is one, wont begin until next march. That his client would remain behind bars at that time. He also says a second trial will either in and another hung jury or an acquittal. For analysis of the ts, ill lee, henry, i will start with you who was someone inside the courtroom at the time. Can you describe the reaction of both almeida and harris. And also for being there in the courtroom every day, mostly, what was your reaction to the verdict . We heard the first verdict for max harris. People were weeping. They were dabbing their eyes in the gallery. In the family, the family was distressed by that. And then gasped when there was a mistrial for mr. Derek almeida. Being in the courtroom every day, was amazing to see the attorneys were doing their jobs on both sides. I think it doesnt matter it is not a matter of how good any attorney is. There is no winning or losing. Ultimately, it goes to the family members. We talked about this off of the year. The families, who were not very happy with the plea deal that they hired that they had to iron out, do you wish they had taken the plea deal so to speak hindsight is always 2020. You have to remember right from the get go, they were the ones that went in in front of judge kramer after they had a negotiated deal. Six years for harris. Nine years for Derek Almeida. They had them in prison. They negotiated please. Then they went in front of judge kramer and said okay we dont like it. They should serve more time. I understand their distress and i understand how they viewed this trial. It now, to hear them and i dont mean this archly, but im shocked i this. Why were you shocked . Someone wouldve had to have said to them, if we reject the plea deal, theres a chance they could get nothing. I would hope that wouldve happened, but the way theyre talking now, it sounds like that was not said to them. I know from both of my clients, i talk to people and i say, look, here is a plea deal that is on the table. It is you go to trial, you don know what will happen. Think of the o. J. Simpson case. Dont tell me at the end a trial if you dont like it, oh my god, this is shocking. Know. You decided to go to trial. 12 people decided this. You think they made the wrong ruling on this . When it comes to weighing the feedback from families and victims, what does the judge do in that case. Is a 50 , is that all of that . Can you make that decision . When you have a plea agreement on the table. Heres what happened in my opinion. Judges are human. They have to think, oh my god. I have 36 families in front of me. If i dont do what they ask, and my next on the chopping block. I know judges fight against that, but i also know from talking to friends of mine who were on the bench, it is in the back of our minds. We are human. Are you calling this judge week . No. He did in that situation what he thought was right. But i think he had to be at least a little influenced and had to think, oh my god, my going to lose my job. Are they going to come rushing over here and say get him off the bench. He didnt do the right thing. And there goes my job . Do you know whether or not he is going to be retry . The mike that is a decision they will mull over the next few months. Another das the trial prosecutors, they had a chance to talk to jurors afterwards, as well as the victims families. Their input will be key when they decide whether or not to retry or maybe take another plea deal. What about the fact that there were 10 jurors who were ready to convict him . They were close. But as i said and cardoza said this over and over again. It might be 102, but you dont know what you will get with the next street it could be 66, or 1024 acquittal. You never know what youre going to get. You watch the face of the jurors during the trial. You get a sense of how they are going to go. Now that you know how they are going to go, did you know how they were going to go by looking at the faces . When they passed the defendant, you cant really look into that any way or the other. One of the women that i did see was dabbing at her eyes as the verdicts were read. Afterwards, she said okay i can tell from the looks on your faces that you really wanted to reach a decision, but the facts are the facts. You didnt create the facts. You still did your job. Lets look ahead. You think the city of oakland, specifically the fire department, is more nervous today based on the decisions yesterday . If i were they, i would be horribly nervous. People in this community now know about the verdict, now know that harris walked out the door. They know that Derek Almeida may or may not be retried. Some people are going to say this time for retribution. Lets make it happen in the civil case. Lets go after the people that are partially responsible. One of the things that still sticks for me, none of us have the answer is why didnt the prosecutor, why didnt the government go after the owner of the building . They obviously didnt. That we havent heard word one from the government about that. Why not . Why not put that word out . Could they still . Could they still go after them . Of course they can still go after them. I just dont understand that. If they think we do not have enough evidence, step up before a microphone and say we are not going after them. We dont have enough evidence. I have thinking at one point during the relations during the deliberations, the jurors probably ask that. They may have walked in and said there are people in this building. We rented it to you for not residential purposes. Get them out of your. If they had done that, no fire. Or deaths. The 36 people who tired to died in that fire that night, to stunning to me this day. I come across people on my swim team, and my childrens school, some of my family members and they say i know someone who died in that fire. There is a sense of grieving. There is nothing buttoned off about what is happened here in oakland with this. When it comes to retrying, possibly, derrico mehta. What is a prosecutor going to stay to families. Say to families. How do you weigh what is better . Unfinished business or he walks out of here . What would i do . You have to sit down with the families. I assume that they did. Sit down with them before, explained the vagaries of a jury. Juries can do anything they want. You have 12 unemotional people. Now, you talk with them and say now you have gone through a jury trial. Now you know the emotion of it. Now you know the effect that it had on your life and family. Are you sure you want to do this again . Because next time, they may walk them out and we may get a guilty verdict or do you want us to go and negotiate a disposition in this case. I have a feeling that some of those families are going to say i am not going through this emotional roller coaster again. You think they would want a plea agreement . They will start with what they have, and you better bet that may be time served, less time, or more time . They might give him a year or two more. I could tell you that there will be some families that say i am not going through that emotional trial again. Loco it took too much of a toll on me and my family to go through that. It is it easier to convict Derek Almeida since max harris was not convicted now . If they tried him again, now he is by himself. They could bear the brunt of all of the evidence and say that he was on the lease from the getgo. He set this up. He lied about people not being they could put all of the pressure on him. It might be a little easier. If i were trying the case, it would be easier for tony and the other attorney. I would put a couple of empty chairs and i would say the city should be there. Why is mr. Almeida here alone. Why are you going to convict him . We need a scapegoat. That would be the argument. We have got to stop at their. Coming up next right here on mornings on 2 on ndfall in carolina. It is still packing barrel full powerful winds and rain. New video fastmoving flames in southern california. The progress crews of made so far that fire. Welcome back to the nine. Hurricane dorian made landfall on Cape Hatteras, the outer banks of the North Carolina coast. It is a category one hurricane making its way up the new england coast. Erratic irking damage around the carolinas is leaving some areas intact than others and ruined. Cleanup underway in North Carolina evens dorian made landfall on Cape Hatteras friday morning. The hurricane causing tornadoes in both carolinas. Severely damaging homes and some businesses. Initially knocking out power to hundreds of thousands of people. Cruise say it couldve been much worse. We are installing technologies throughout the state and some were used during the storm. Barrier islands could still face the biggest risk of storm surges. Even inland areas could see flooding, there likely not as bad as South Carolina on thursday. This latest Development Shows that we cannot yet let our guard down. Meanwhile, in the bahamas, where dorian first it is a category five storm, the death toll is expected to rise as crews reach more damaged areas. Many people are trying to leave the devastation and the island. The elderly people, we still have babies here, we still have elderly people here. For those staying behind, u. S. And other International Aid is on the way. Along with readytoeat meals from the united nations. Conditions are expected to improve throughout the day as the storm moves up to southeastern new england. In wilmington, North Carolina, lauren blanchard, ktvu, fox2 news. Learning more about the moments that a deadly fire broke out off of Santa Cruz Island earlier this week the captain and four crew members tell authorities they have tried to rescue the 34 people trapped in the bunk room below the main deck. They said no one heard smoke alarms, but they jumped into action after seeing flames erupt. Remember say they ran to the galley were both the stairs and the emerthe escape route which let out. At that time, heat, flames, and smoke, the crew had to jump from the boat. Before jumping off, the crew said they had to reach the divers by heading to the front of the boat. They were not able to get to them. They were able to get to a nearby ship after escaping to make a distress call, and then headed back to the burning boat to search for any survivors. Coast guard crews were able to recover. 33 bodies were found. One is still missing. Crews battled a deadly mobile home fire in north had North San Jose near north first street and west tasman drive. Crew started at 11 45 am 11 45 pm. We show you what is left d the which took less than 45 minutes. New details have been released about the person killed in the fire no other injuries are reported. Two hours ago, we received in date on a wildfire burning out of control in a rural county. The Red Bank Fire grew 500 acres overnight and is currently at 6500 acres. Containment with 0 to 5 . The fire broke out yesterday afternoon just west of the city of redbank near the red bluff subdivision. Cal fire has been hitting the fire hard from the air because it is a remote area which makes it difficult for people to reach. This is new video that shows crews working to contain the fire. It is near a fire station in marietta. They say that the brushfire has burned through 2000 acres since today and today, state fire Officials Say it is up to 20 . Two structures of suffered minor damage. No injuries have been reported. Oakland police will continue their shutdown of sideshows. They are impounding and towing cars. Other Law Enforcement agencies like chp also help out in this effort to break out the dangerous activity. The new home of the Golden State Warriors will hautes will host its first show with metallica with the San Francisco symphony. It is going to be interesting to see what kind of traffic they will have in this neighborhood. People are hoping that people take the muni. Tonight, metallica will perform with the San Francisco symphony. This arena seats 18,000 people. There are still tickets to this event tonight. It is on the secondary ticket market. They are pretty expensive. Between 400 to well over 1000. Tickets to park will be 50 to 100 per pop. People who live i area say they hope the concertgoers tonight and for the 200 other events scheduled for the chase center, they hope they heed the adto take more bu not very easy to get around. All of these people coming in, place like this, it will be difficult. Just parking, and even getting to the street. Eventually, concerts in basketball game goers will be able to take a ferry directly from the north bay to the chase center. The Ferry Terminal for. 48, which is a halfmile from the walking center, does not complete yet. There hoping to complete construction later this year or early next year. The metallica concert starts at eight a clock tonight. They will also perform on sunday. Anyone who takes muni to the event, you can take it right to the chase center. Live from San Francisco, fox2 news. Coming up on mornings on two, the nine, more drama for the raiders. Since the start of the season, trouble seems to follow antonio brown. We will hear more about his inflammatory social media post. A short but intense race for cyclist this weekend. We will tell you more about the red bull bay climb happening in San Francisco up next. This weekend, cyclists will put themselves to the test in an allout sprint over charles hill in San Francisco. It is a near vertical climb. The final push up the hill is something that takes champions. We are joined by payson mcalpine. I grew up in San Francisco and i prefer to walk up the hills. Out really take a bike up those hills. How do you train for an event like this . Well, have a pretty packed schedule with all kinds of events. This is one that is a little out there. Like you said, and is a ve steep hill and a very short climb. You try to do a little sprint work, work on that 3060 minute maximal power, interval training, all of that sort of thing. When it comes to races, you race all across the country, across the world. Here in San Francisco, it is a short race. How would you describe the atmosphere of it for people who come out and watch it . It is electric. It is unlike anything i get to do the rest of the year. It is so packed into such a short duration. There is spans all the way up the climb. It is an adrenaline rush start to finish. When youre climbing, theres Something Different about San Francisco. You are going up one pitch, then you have a flat street. And then you have another pitch. To prepare for that, or is that kind of tough quarks it is tough to prepare for something that specific. Usually describe an extra gear or two on the flat street, but if you want to do welcome you cannot rest at all on those flat pitches. You have to beat the person across. It is right about a minute. The difference between if you a few seconds, it is more about just trying to cross line first rather finnish time. On a personal note, you grope an amount by community or family, should say. For people who are out there watching, what do you recommend kids out there do what they want to be pacing and want to ride like you . Keep it fun. This, as a job, is far too hard for it to be drudgery all the time. You have to enjoy it. That is the biggest thing. Ride with folks that are better than you. That is how i got better. Challenge yourself. Find good mentors. When you are writing, when you started at age 4, age 5, you wrote with a seven and eightyearolds. When you were 10, you wrote when i was a pro in central texas, the best rose lived in colorado, so i moved there. Payson, congratulation. Have a good ride this weekend. To back titles would be nice. The red bull climb takes place at the 17th street. Get out there and cheer on payson and all of the cyclist in that event. Those are some tough hills. My calves are burning. Go get them, payson. Stuff on the beach. This car, it washed up during the hurricane, and the latest we know, as we continue to track during spat extract and the Winchester Mystery House as you have never seen it before. A Gingerbread House a Gingerbread House looks like it is never look before. And what is a mystery now at the mystery house. A little bit amusement to take us into the sound of sedona, arizona. This was requested by mark. We been doing 10 great songs for one great year. Last night, i recorded when they switched over to k fog. There was a silence, then knbr him on and says knbr, one of 4. 5. Get used to that. It has been very hot. No monsoon hardly at all. Very hot. I was in prescott. A lot of snow in the winter. They dont have to just stay in the desert. Our weather, dana says the leaves have been falling and changing for weeks. Early fall, officially, you still have about another two and half weeks to go. It does look like an early hint of fall. Starting salary in early next week starting saturday and early next week, w