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Bob Lee murder trial moves forward as Momeni's defense team rests its case

Nima Momeni defense team rests its case in Cash App Bob Lee murder trial
Nima Momeni defense team rests its case in Cash App Bob Lee murder trial 02:57

SAN FRANCISCO — The defense in the trial against Nima Momeni officially rested its case Tuesday after days of testimony, including a dramatic appearance by the defendant himself. 

The team stood firm on its argument that a "bad joke" escalated into a deadly encounter with tech executive Bob Lee.

"We think that our position and our defense is crystal clear," defense attorney Saam Zangeneh said. "We feel very strongly about how the case is going. I think the jury wanted the information we provided. The prosecution has a lot of holes in their case, and much of it didn't make sense."

However, the defense's decision to rest means no additional witnesses or evidence can be introduced by Momeni's own team to bolster his claim of self-defense. The focus now shifts to the prosecution, which is expected to rebut those claims and attempt to shore up their case.

Both the defense and the prosecution face significant hurdles. Key questions remain unanswered, including whether Lee displayed aggression during the confrontation or if he had a motive to attack Momeni.

"The only two people who know what happened with the knife at the scene are Nima Momeni and Bob Lee," attorney Shannan Dugan explained. "Bob Lee can't tell his story. The jury is left only with Nima Momeni's version."

The knife, a critical piece of evidence, matches a brand found in Momeni's sister's apartment. It was a 7.5 inch Joseph-Joseph paring knife. However, the prosecution has yet to produce evidence or testimony proving how the knife came to be at the scene beyond a recounting from Momeni who only said Lee withdrew it from his front right jacket pocket.

In his testimony, Momeni said he and Lee were in Momeni's white BMW z4 when Lee spilled his beverage when the car hit a pothole. Momeni said the pair pulled over on Main Street beneath the Bay Bridge for Lee to clean it up. Then, Momeni said Lee stumbled upon a gym rag and a tank of nitrous oxide left behind by Khazar Momeni — Nima's sister — earlier that evening.

Momeni said Lee took several hits of the laughing gas which produces a brief high, and exited the car as Momeni assumed Lee was feeling sick.

That's when Momeni said he made a "bad joke" at Lee telling him that if it were his own last night in town that he would rather spend it with family than go to a strip club, a destination Momeni said was floated by Lee to continue their evening.

He said those words triggered Lee who pulled out the knife and swung it at Momeni. Using an unknown amount of martial arts training, Momeni said he was able to neutralize Lee's arm and push it back into Lee. But how Lee obtained the knife remains a mystery.

"If they can put someone on the stand to say [Lee] wouldn't take a knife in the first place, then the jury might be more likely to believe it was Nima Momeni who brought the knife," Dugan added.

For the prosecution, the path forward is challenging. They must convince the jury not only that Momeni stabbed Lee intentionally but that his self-defense claim is untrue.

The burden of proof remains high, said Dugan. 

"'Almost' doesn't count," she said. "So even if jurors think maybe Nima Momeni did it, maybe it's more likely than not, maybe even probably, that really isn't beyond a reasonable doubt."

The prosecution is set to begin its rebuttal Thursday, with five witnesses slated to testify about Bob Lee's character.

As the trial moves closer to its conclusion, closing arguments are expected the week of Dec. 2. The defense has promised a powerful finish, with Zangeneh teasing an impactful final statement.

"We'll tie it all up in closing because there's going to be some explosions in closing, and we look forward to lighting that fire," Zangeneh said. 

Until then, the jury must prepare to weigh the evidence — or lack thereof — and decide whether the pieces of this puzzle lead to conviction or doubt.

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