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FILE - This Monday, June 5, 2017, file photo released by the Alameda County Sheriff's Office shows Derick Almena at Santa Rita Jail in Alameda County, Calif. Almena who was in charge of an artists' work-live warehouse that burned three years ago, killing 36, is due back in court Friday, Oct. 4, 2019, for a possible retrial. Almena's previous trial ended in a hung jury. (Alameda County Sheriff's Office via AP, File)

FILE - This Monday, June 5, 2017, file photo released by the Alameda County Sheriff's Office shows Derick Almena at Santa Rita Jail in Alameda County, Calif. Almena who was in charge of an artists' work-live warehouse that burned three years ago, killing 36, is due back in court Friday, Oct. 4, 2019, for a possible retrial. Almena's previous trial ended in a hung jury. (Alameda County Sheriff's Office via AP, File)

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