Bob Lee homicide suspect Nima Momeni to appear with new legal counsel
SAN FRANCISCO -- Nima Momeni, the man accused of fatally stabbing CashApp founder Bob Lee, is set to appear at his preliminary hearing Tuesday, marking the first time his new defense team will represent him in court.
In an unexpected shakeup last month, Momeni and defense attorney Paula Canny parted ways. Momeni tapped a Florida-based legal team led by Saam Zanganeh with a history of representing high-profile cases.
But legal experts say bringing in counsel from out of state is an unusual lmove.
"It is going to be a challenge certainly when you're a long distance away from the client who's in custody," defense attorney Steve Clark told CBS News Bay Area. "In a case of this nature, I mean, this is a very complex forensic case. I think it's going to come down to a battle of the experts."
Clark says evidence is key in the preliminary hearing set for Tuesday to determine whether the prosecution has enough to pursue a murder charge. Momeni has already entered a not guilty plea to that charge.
"This is a monumental investigation with a lot of forensic evidence that needs to be analyzed by both sides. And I think it is very difficult to conduct a preliminary hearing this quickly when you're just coming into a case, because you only get one preliminary hearing," Clark explained. "So it's an opportunity that you don't want to miss to do the most you can. Because once the case gets set for trial, you no longer have that discovery option of questioning witnesses on the stand. So it's a critical hearing and I don't think the defense wants to take it lightly."
A key piece of evidence, Clark says, is testimony from Momeni's sister Khazar, who the prosecution has suggested had a relationship with prior to the fatal stabbing.
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"Mr. Momeni's sister's somewhat of a wildcard, what would she come in and say about this case? I think her testimony could be very critical for both sides," said Clark. "She could be the wildcard here in this case, and explain the relationship between her brother and Mr. Lee and put a context to it as to why this event happened."
Momeni has a history of knife-related violence. According to a recent Chronicle report, Momeni allegedly stabbed two teenagers in 2005 when he was 20-years-old in what's described as a violent altercation.
Momeni was listed as both a suspect and a witness, but he was not charged in the incident.
Prosecutors last month revealed that the knife used to stab Lee matches the brand of cutlery found in Momeni's sister's apartment where the three were seen hours earlier.
"Anyone who's capable of violently killing someone in society is a public safety risk, regardless of whether we think a murder was intentional or not, it's somebody who's capable of taking another human life," San Francisco District Attorney Brooke Jenkins said in an earlier appearance.
Piled of evidence are being examined as the defense comes up to date in this case, including a 911 call by Lee that Clark says could be critical.
"Did he describe the event at all knowing that he was perhaps going to pass away? I think all of that evidence is very important to digest," said Clark.
Time is not on the defense's side. Momeni has previously pushed for a speedy trial. But Clark says moving too quickly could put his team at a disadvantage if unprepared.
Momeni's defense could file a motion to continue, further delaying the preliminary hearing and giving the team more time to build their case.
His defense team has brought on defense attorney Tony Brass as a local consultant in the case, which could be an important tool for Momeni's lawyers to keep the hearing on schedule.
Momeni faces 26 years to life in prison if convicted.
