Bob Lee murder case: Judge decides on motions before trial

SAN FRANCISCO – Nima Momeni's defense lawyers arrived at the Palace of Justice on Wednesday along with Momeni's mother.

The judge reviewed a long list of motions from the prosecution and the defense before the trial.

Momeni, a former technology consultant, has pleaded not guilty in the killing of Cash App founder Bob Lee, who died in San Francisco on April 4, 2023, from three stab wounds with a kitchen knife.

Prosecutors said in a September 4 brief filed with the court that Lee had been with Momeni's sister, Khazar Momeni, the night before, and suggested that there had been a confrontation between the defendant and Lee.

Criminal law expert Michael Cardoza says Wednesday's hearing will have major implications for the rest of the trial.

“Pretrial motions are really important because they simplify the case for the jury so the lawyers and the judge don't have to take a break every 10 minutes to rule on certain issues,” Cardoza said.

On Wednesday, the judge ruled on a prosecutor's request to ban nicknames on Bob Lee's social media page, where he refers to himself as “Crazy Bob.”

The defense argued there was no reason to ban a name Lee gave himself. Prosecutors said it was not relevant and nicknames are often banned, citing gang nicknames as examples in previous cases.

The judge agreed with the prosecutor’s decision.

“So the judge normally makes his decision based on Rule 352 of the Rules of Evidence, 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 for the jury,” Cardoza said.

• In a motion filed by the defense, the judge asked the prosecutor to block the claim that the knife used in the murder came from Momeni's sister's apartment because there was no conclusive evidence to support this.

Prosecutors argued that they should be able to establish a connection through circumstantial evidence. The judge ruled in line with the prosecutors and left the decision to the jury.

Cardoza says the jury instructions are clear under California law.

“It says that if the evidence points to innocence, you have to assume that,” Cardoza said.

After an hour, the judge closed the courtroom to handle other matters behind closed doors. The lawyers emerged after nearly three hours and declined to comment.

The next hearing is scheduled for Monday, September 23, in the Hall of Justice.