OAKLAND, Calif. (KGO) -- The defendants in the deadly Ghost Ship warehouse fire appear to be headed for trial after all. Defense Attorney Tony Serra says his client passed him a note saying he now wants to face a judge and jury.This comes after a judge this morning refused to reinstate a controversial plea agreement that would have given defendant Derick Almena nine years in prison and six years for co-defendant Max Harris. Both were involved in running the Ghostship - an artist's collective in Oakland.On Dec. 2, 2016, a fire tore through the building - killing 36 people. Almena and defendant Max Harris are due back in court Dec. 3 so a trial judge can be appointed.