Bob Lee murder case: Judge rules on pre-trial motions
Momeni's defense attorneys file motions for pre-trial hearing in Bob Lee murder case
A San Francisco judge ruled on a list of motions in advance of Nima Momeni's trial as he faces murder charges in the death of Cash App founder Bob Lee. Prosecutors and defense attorneys argued over issues around the knife found at the scene and whether nicknames on social media accounts could be used in the trial.
SAN FRANCISCO - Defense attorneys for Nima Momeni arrived at the Hall of Justice Wednesday, along with Momeni's mother.
The judge considered a long list of pre-trial motions from prosecutors and the defense.
Momeni, a former tech consultant, has pleaded not guilty to murder in the killing of Cash App founder Bob Lee, who died after being stabbed three times with a kitchen knife in San Francisco on April 4, 2023.
Prosecutors stated in a brief filed with the court on September 4, that Lee had been with Momeni's sister Khazar Momeni the night before, and suggest that led to a confrontation between the defendant and Lee.
Criminal law expert Michael Cardoza says Wednesday's hearing has big implications for how the trial will proceed.
"Motions before trial are really important, because what they do is they streamline the case for the jury so the attorneys and the judge aren't taking breaks every 10 minutes to decide certain issues," Cardoza said.
On Wednesday, the judge ruled on a request by prosecutors to prohibit nicknames from Bob Lee's social media site, where he refers to himself as "Crazy Bob."
The defense argued there was no reason to ban a name Lee called himself. Prosecutors said it was not relevant and nicknames are often banned, citing examples of gang nicknames in past cases.
The judge ruled with prosecutors.
"So the judge makes the decision under usually #352 of the evidence code, which is...does the probative value outweigh the prejudicial value? And in this situation, it sounds like the judge is saying, no, that's too prejudicial to the jury," Cardoza said.
- One defense motion asked the judge to bar prosecutors from stating the knife used in the killing came from Momeni's sister's apartment, saying there was no conclusive evidence.
Prosecutors argued they should be able to establish a connection, through circumstantial evidence. The judge ruled with prosecutors, leaving it to the jury.
Cardoza says jury instructions under California law are clear.
"It does say if the circumstantial evidence points to innocence, you must go with that," Cardoza said.
After an hour, the judge closed the courtroom to deal with other issues behind closed doors. The attorneys emerged after nearly three hours and declined to make any comment.
The next hearing is scheduled for Monday, September 23 at the Hall of Justice.
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