Attorneys argued in San Francisco Superior Court today about who might be called to testify in the impending trial of Nima Momeni, who allegedly killed CashApp founder Bob Lee in SoMa last year. Namely, they discussed whether Momeni and his sister, who was expected to be a key witness in the case, will take the stand.
Khazar Momeni was purportedly the reason Nima Momeni and Lee knew each other, and prosecutors have indicated she may have been the reason for a dispute between the two men.
A key piece of evidence in the case against Momeni centered around a text message discovered on Lee’s phone from Momeni’s sister the night of the murder: “Just wanted to make sure your doing ok Cause I know nima came wayyyyyy down hard on you And thank you for being such a classy man handling it with class Love you Selfish pricks.”
The two men were seen on surveillance cameras leaving Khazar Momeni’s SoMa home together in April 2023. Soon after, Lee was filmed on surveillance footage staggering in the dark streets after he had been stabbed and left to bleed out near the Bay Bridge, where the pair had driven together.
Today, in a hearing just three weeks out from the anticipated trial start, prosecutor Omid Talai said he would not be calling Khazar Momeni to the stand.
Khazar Momeni “is a central, in some ways, percipient witness to the events of that night, who defense has told the press they intend to call as a witness at trial,” Talai said. “If they do, now is the time to speak up. Actually, it was last week.”
Saam Zangeneh, Momeni’s lead attorney, appeared surprised to learn this fact.
“If they want to leave that piece of evidence unexplained, then that’s fine with me,” Zangeneh said, referencing the text message sent by Khazar Momeni to her brother. “If trial were to start tomorrow I would not call Ms. Momeni as a witness,” he said, adding that as the case went on he could change his mind.
Judge Alexandra Gordon warned Zangeneh about manipulating the rules, which require attorneys to list the witnesses they intend to call: “If it does seem that you always intended to call on her…you can imagine the consequences that blow from that.”
Momeni’s other attorney, Tony Brass, also said today that his team had not decided whether to call Momeni himself to testify. But in another wrinkle, Talai, the prosecutor, said the team had told him just yesterday that Momeni would take the witness stand.
Talai also accused Momeni’s defense attorneys of not meeting legal requirements surrounding expert witnesses. Talai said the defense team had not adequately described what their expert witnesses — retired San Francisco Sgt. Steven Pomatto and forensic pathologist Dr. John Marraccini — might say during the trial.
Gordon seemed to agree with Talai, and called the attorneys’ descriptions “often skeletal.”
But Momeni’s attorneys argued that they had reason to obscure their intentions with their expert witnesses, suggesting the information was privileged. The attorneys agreed to meet privately after today’s hearing.
Murder trial to start in 3 weeks, following birthday
Momeni’s trial is scheduled to begin on September 16, barring any further delays.
Today wasn’t all legalese. Before Momeni was brought in by a bailiff, his attorney also talked clothes, hair, and cake.
Zangeneh, who flies in regularly from Miami for hearings, wearing designer suits and accessories like belts and watches, asked the judge logistical questions about styling Momeni for his trial. He wondered whether Momeni could be measured for his trial wardrobe, then wavered on his second request.
“If I wanted to — you know what? I’m not even going to ask,” Zangeneh said, before continuing. “It’s kind of like, if I wanted to have a barber come in and give him a haircut?”
“That, I’ve never heard of,” Gordon said.
“Well, I mean, listen, I like to push the envelope, so to speak, or the clippers, in this situation,” Zangeneh said. “I had to ask.”
Momeni has been in jail since his arrest a year and a half ago. Today, he turned 40 behind bars.
His mother, Mahnaz Tayarani Babai, who has attended all of Momeni’s court hearings, appeared in court with three others. When Momeni stepped into the courtroom, they waved mini balloons and held up a poster that read “Happy Birthday my sun.”
After the hearing, his mother offered up a homemade sponge cake, but Momeni was not permitted to have any. Instead it was distributed in the courthouse hallway to those present.
Asked how old her son was turning, his mother said simply: “He’s young.”
Zangeneh was defense atty in Dan Markel murder for hire case, representing Sigfredo Garcia. Bring on those flashy Miami attorneys!
That’s our system. Would you rather they were not represented?
Nima murdered Bob. No matter what the situation was that night, murder is not an option in America.
Ask Momeni why he cannot return to his country?
Bob is loved and missed. And Nima still got to have his next birthday.
Where is justice?
MOMENI MURDERED LEE.
> wearing designer suits and accessories like belts and watches,
Weird observation. Do attorneys not usually wear belts and watches?