In a bombshell revelation on day two of closing arguments, Nima Momeni’s defense team said Cash App founder Bob Lee was using a knife to do cocaine hours before he ended up stabbed.
The allegation, supported by a video shown to jurors today for the first time, may bolster the claim that Momeni, on trial for murder, stabbed Lee in self-defense after Lee attacked him with a knife.
In the video, Lee and his friend Bo Mohazzabi are standing outside The Battery, a members-only club where they had drinks on the evening of April 3, 2023 — hours before Lee was killed. They each, in turn, bend forward to do a bump of apparent drugs off a long, pointy object that protrudes out of Lee’s hand, and glints in the light. Lee can be seen digging the instrument into what appears to be a small bag and lifting it to his nose.
“That’s the knife!” exclaimed Momeni’s defense attorney, Saam Zangeneh, pointing across the courtroom at the video. “Look at the dimensions. Look at the size. What else could that be?”
In his hand, he waved a small cardboard knife with a 3.5 inch “blade” that was the approximate size of the paring knife that killed Lee and was found near the scene.
“As long as we have a reasonable theory, you have to find him not guilty,” Zangeneh said. “Unless they could show that our theory is not reasonable, then he’s not guilty.”
But prosecutor Omid Talai, in his rebuttal to Zangeneh’s closing statement, reiterated a key claim from the prosecution’s closing arguments yesterday: That 99 percent of the DNA on the handle of the knife was Momeni’s, and 98 percent on the blade was Lee’s.
The handle of the knife used by Lee for drugs, “if it was a knife,” Talai said, should have contained Lee’s DNA. “Should we believe the defense attorney … or should you believe science and DNA?”
Mohazzabi, for his part, refused to comment about what was shown in the video.
The defense appeared to hope that the video would raise questions about who attacked whom on April 4, 2023. The footage could also cast additional doubt on Mohazzabi’s insistence on the witness stand, earlier in the trial, that he did not remember consuming drugs with Lee or seeing Lee take any. In the courtroom, jurors could be seen peering in Mohazzabi’s direction as Zangeneh spoke.
Mohazzabi was a key witness in the case against Momeni, as he overheard an “aggressive” phone call in which he said Momeni was “interrogating” Lee about Momeni’s sister and possible sexual assault she experienced earlier that day. That phone call is part of the prosecution’s argument that Momeni was angry enough at Lee to kill him; casting doubt on Mohazzabi’s character could muddle that narrative.
Lee and Momeni were seen leaving together from the home of Momeni’s sister, who lives at the Millennium Tower, around 2 a.m. on April 4, 2023. Shortly after, Momeni’s white BMW pulled over on Main Street under the Bay Bridge, the two exited the car, and grainy surveillance footage shows Momeni’s figure lunge at Lee before the two separate.
Lee walked away, and was later found bleeding out with three stab wounds, and Momeni drove home. Momeni has claimed he acted in self-defense after Lee attacked him over a “bad joke.” Defense attorneys provided Mission Local with an animation video that shows the incident as they say it occurred.
The new evidence suggesting Bob Lee may have carried a knife could influence the jury that has, until now, received no definitive evidence about the origins of the Joseph Joseph kitchen knife that killed Lee. The only information about the knife’s provenance has been that Momeni’s sister has the same brand of knives in her home, where Lee and Momeni had both spent time prior to the stabbing.
Mohazzabi appeared in court today for closing arguments. Asked about the video and his apparent consumption of drugs with Lee, Mohazzabi deflected: “I’m just getting caught up, I just got here. I don’t have a statement yet.”
Lee’s DNA would have been expected on the knife handle. While the knife plunged five inches deep into Lee’s chest — seemingly past the 3.5 inch blade — Lee’s DNA was only found on the blade, with no apparent spillover onto the handle.
Before the big reveal, Zangeneh’s closing statement worked to debunk the motive prosecutors have ascribed to Momeni for killing Lee. Yesterday, prosecutor Dane Reinstedt outlined how Momeni’s sister’s alleged sexual assault at the hands of Jeremy Boivin, a man to whom Lee introduced her, drove Momeni to kill.
“Imagine how crazy it sounds, a guy decides to kill the friend of someone that touched his sister’s butt,” Zangeneh said.
Zangeneh emphasized that Momeni’s narrative of events lined up with the evidence, and accused prosecutors of omitting other important pieces of evidence or botching the investigation: The alleged murder weapon and Momeni’s jacket that he wore the night of the incident were never entered into evidence; crime scene investigators did not take fingerprints from the knife, or attempt to question an apparent unhoused person or driver who were near the scene during the incident.
He attempted to restore Momeni’s image, calling him “quirky” and “socially awkward” while discrediting Mohazzabi, the prosecutors’ primary witness.
Zangeneh said Mohazzabi was dishonest, pointing out photos in Lee’s hotel room — where the two friends had spent the afternoon — showing the coffee table covered in apparent cocaine residue, and surveillance video of Mohazzabi pulling out a green apparent baggie of drugs and inspecting it upon leaving an alleged drug dealer’s house.
The jury, which lost one member today and had to take in an alternate, consists of six women and six men — five of whom are Asian, and seven white. Tomorrow, after they receive their final instructions, they will begin deliberations to reach their verdict.
Self-defense cases are tricky, especially with the high burden for prosecutors. This case has a ton of reliable evidence pointing toward guilt. The only self-defense evidence is the defendant’s testimony, which was riddled with implausibilities (gosh, I had no idea he was stabbed 3 times and I don’t really know why I tossed the knife). And defense counsel seemed pretty clown-ish, which doesn’t help. But I wasn’t in the courtroom. If the defendant sounded sincere and trustworthy on the stand, it could sway the jury. Press reports make that seem unlikely, and San Francisco juries are generally smart (unlike, say, the OJ Simpson jury). But that’s what the defense will likely turn on. If I had to bet based on reports, I’d go with a guilty verdict.
Actually, I thought the video “recreation” of the attack credibly presented a struggle for the knife that could have quickly and easily resulted in the 3 wounds. Both had been drinking and possibly doing drugs, and if the knife in question is on video in Lee’s possession on the day of, that makes it implausible thus that Momeni was ‘planning to murder Lee’ with it. In absence of contradicting evidence or testimony, Momeni’s version of events is still plausible – and that in my view is enough for reasonable doubt, according to the law and criminal jury instructions. The jury’s assessment of Momeni’s character is certainly important but the facts are just as important. If ‘beyond a reasonable doubt’ is not met that’s an acquittal as you know, whether we like the accused or not, ‘bet’ or not.
Reasonable doubt created by defense’s use of DARVO (deny, attack, reverse victim and offender) story: Bob could have killed himself!
Will jurors see through this abusive gaslighting?
Will befuddled prosecutors keep their jobs?
FYI – Apparently the “shiny object” was not a knife, but a metal collar stay (which makes way more sense – who the hell would snort cocaine off of a paring knife? I’m not even a techie, and I know this much!) From the Chronicle: “Lee’s ex-wife Krista Lee told the Chronicle she recognized the object as a shirt ‘collar stay’ that Lee used to recreationally scoop cocaine — not a knife. ‘I know it was a collar stay because that’s the only thing Bob used — a metal collar stay,’ she said. ‘He was very dainty about his drug use. He was not the kind of guy to pull out a knife and do big scoops — he didn’t even do a line. He just did little bumps, and that’s what the video shows.’ Did the SFPD’s crime scene detective search the body of the victim – and his home and belongings – and find any collar stays with coke residue? Did they test the knife blade for drug residue? In other words, it would be insane if the jury buys this “defense” – it’s worse than OJ!
Krista Lee said that to the paper, not the Jury under Oath. That’s not going to be heard by the people making the decision, so as far as they’re concerned it’s still plausibly a knife, or ‘the’ knife, in the video. If ‘the’ knife is possibly in Lee’s possession prior to the struggle, that’s a muddy road to ‘beyond a reasonable doubt’ conviction.
Sam, unless we have seriously defective prosecutors, they are responsible for calling Krista Lee to the stand as an emergency witness, so she can provide these vital details to the jury! The video was apparently a last minute addition to the defense’s case, and must be met with a rebuttal with the facts!
The prosecution already rested though, right? FWIW it’s Krista’s OPINION that the item in question was not a knife. The jury is not 12 completely stupid people, they will see the “new” evidence video for what it is – and what it is not. The problem for the prosecution is that there are plausible explanations from the defense about the provenance of the knife used in the incident being in the victim’s possession. The video only highlights and emphasizes the possibilities which add reasonable doubt potentially. Personally I think the DNA discrepancy is the prosecution’s best arrow in the quill, but we’ll see how it ends up. But Krista Lee’s opinion is certainly not a fact any more than the video “certainly” shows the murder weapon. It’s all got to be weighed against what is likely, what is reasonable, and what cannot be proven.
It’s stupid on its face as a knife would risk puncture. A seasoned vet like Lee would have the right tool for the job.
Lots of people have used knives to snort cocaine to the point of it being common. You’re also ascribing rational thought to a cokehead who had barely slept and had a veritable ton of disposable play money. Not someone worried about losing a few crumbs.
Lee was an expert at doing coke. A knife is a shitty cocaine apparatus. He was not a fool who would be carrying around a paring knife to do blow, he would have had a proper scoop.
And what, it’s coincidence it’s the same brand as the type Khazar had at her condo? Nobody testified he’d been there prior.
“Will befuddled prosecutors keep their jobs?”
Is your complaint really about the prosecution, or perhaps the investigators who failed to fingerprint and/or document several items, (or even interview two potential eyewitnesses!) effectively for prosecution? It’s always an uphill battle to convict, trebly when the case has been handled poorly before it even lands on a prosecutor’s desk. I don’t think Omid did anything wrong at all, can you point to anything specific?
Jesus Christ. Kick this Momeni defense lawyer to the curb already.
Also I’m defending the prosecutor’s performance ostensibly, so you mindlessly accusing me of being his defense lawyer makes absolutely no sense even on the face of itself. Try harder.
I don’t understand, are you accusing me of being his defense lawyer? Learn how criminal law works, kiddo.
You speak a lot about a video you haven’t seen. The jurors will be able to blow up the shot of Lee doing coke off of whatever it was.
The computer animated video sucked, and didn’t even attempt to show a second chest puncture. It would take a lot of force to plunge a 4″ knife 5″ into someone’s chest – a bigger swing than the video indicated.
Momeni is no ninja, and nobody is going to accidentally cut their leg pulling a knife from their coat pocket.
This defense is textbook 100% DARVO. It is common tactic by abusers to blame victim instead.
The perpetrator denys any animosity, discrediting victim by pointing to drug use, and claims to be the real victim. A fog of confusion is created to make it difficult to see who is telling the truth. Also known as gaslighting.
If the victim had the weapon and there’s reasonable doubt, that’s not gaslighting, that’s a criminal defense. There’s no clear evidence of premeditation of murder. Tie goes to any defense, every time.
Saam… really???
Sam, this isn’t the OJ trial… and if the “knife” isn’t a knife, it’s 25-to-life!!!
Hm, actually if the video _doesn’t_ show the knife in question, that’s still _not_ proof that Lee didn’t have possession of the knife used. The video only underscored existing possibilities that can’t readily be proven either way with certainty. It emphasizes the existing reasonable doubt that can ONLY be dissolved by hard evidence that doesn’t seem to exist in this case, for all the various reasons including investigatory sloppiness on crucial details. Tie goes to doubts. Also he may still be convicted of manslaughter if the murder charge eludes. We will see. I don’t see a whole lot of similarity with the OJ case either.
Let’s not forget about the drug dealer. If Lee was indeed having an affair with the sister the dealer knew about it and would never have touched her. It’s street ethos. Not farfetched for the sister to lie for her brother. Probably a lot of family pressure for her to do so. Plus the brother’s bad joke that set off Lee is a fiction. They had to come up with these points in order to build a defense. These are big factors to me as well as the DNA on the knife. Let’s see what this jury does.
“Plus the brother’s bad joke that set off Lee is a fiction.”
How do you know? You were there, eh?
Just had to add that the high end fashion show in the courthouse hallway and media frenzy was most disenchanting for me to see in this case, even tho its been that way for years I realize. If there is a documentary made of this case, I won’t be watching.
There has recently been a lot more large highly organized, cartel linked smuggling arrests at borders now reported more post this election. Horribly addicted Junkies dying on the streets are not the ones using the wealthy mans dope. So who is? Someone is and this is scarry. I’ve seen a lot at my age, but the amount of drugs in these busts scare me even more and right now the problem needs all hands on deck for a healthier world for all. Bravo to some great comments.
In all I have read following this case and now this lastest new video. 1. How clear is video to prove it was in fact “the” knife? 2. The snorting of cocaine with this supposed knife took place earlier than the stabbing. My guess is that Momeni could have taken this so called knife away from Lee saying how dumb it was to use that being savy himself on that. Yes, this would eliminate premeditated killing but would still put this new evidence appearing knife back into Momeni’s hands. Good reporting ML. This is a sad case, and I hope, whatever its outcome it sends a stark hard message on the dangerous risks of hanging out where drugs above all else seem to those partaking to be the essence of life.
It’s back to the 90’s and OJ. This defense makes a Johnnie Cochran-ish argument: If the knife does fit, you must acquit.
If it’s Lee’s knife that is about a smoking gun. OJ was a very different case.
Well, sure it’s a different case, but the defense pointing to the supposed knife is the same kind of stretch Johnnie C. used. I respect your point of view, though, and did not downvote.
I don’t care about a downvoter if they don’t have the sand to state their opinion in words. But thanks, everyone has a point of view. ‘IMO’, if Bob Lee had the knife, and the video seems to indicate on the day in question he at least held it to do drugs, that makes Momeni’s story plausible ‘enough’ for reasonable doubt all other facts aside. It’s not really ‘IMO’ comparable to the OJ case where he was strongly implicated by a ton of independent facts while denying them all. Momeni admits he was there and stabbed the victim. If Bob Lee had the knife, that removes premeditation and the possibility of proving a murder case. In contrast the OJ glove was just a big red herring for effect, though it apparently worked.
At this point, it looks like a fairly obvious “not guilty” verdict. The defense produced a fairly convincing, or at least entirely plausible, narrative explaining all of the evidence in a way that exculpates Momeni.
I went into this trial feeling like it was a slam dunk, guilty verdict, now I would say if I was on the jury, I would vote not guilty.
Please tell Saam I like that suit. Thank you.