Khazar Momeni describes Bob Lee as "aggressive," high on drugs during cross-examination
The sister of the man accused of fatally stabbing Cash App founder Bob Lee was cross-examined by the defense Tuesday, testifying that Lee was "all over the place" and "aggressive" while high on cocaine and ketamine days before his death.
Prosecutors in the high-profile murder trial of tech executive Lee have charged Nima Momeni in the fatal stabbing of Lee in the early morning hours of April 4, 2023, in San Francisco's Rincon Hill/East Cut neighborhood. Momeni was arrested nine days later. Prosecutors allege that Momeni stabbed Lee with a kitchen knife after a heated discussion regarding his sister's relationship with Lee and their alleged drug use.
Defense cross-examination
Tuesday marked the first day of cross-examination for the defendant's sister, Khazar Momeni, who first took the stand last Thursday. Her testimony has largely focused on her own drug intake as well as the drug use of Lee, her brother and others who were involved in their late-night and early-morning gatherings.
The prosecution also highlighted her text communication with Lee, Nima Momeni and Jeremy Boivin, the man she described as a drug dealer who during her Monday testimony she accused of sexually assaulting her while she was incapacitated on LSD and the "date-rape drug" GHB.
Inside the courtroom Tuesday, the defense aimed to lay a foundation that their client had no motive to stab Bob Lee.
The defense has argued that Nima was -- in their words -- forced to stand his ground in an attack brought on by Lee, who had consumed drugs for several days prior.
They have also argued that it could have been Lee who grabbed the murder weapon, a 7 1/2 inch paring knife that matches a brand found in Khazar Momeni's apartment.
"He was definitely under the influence"
Early in the cross-examination, defense attorney Saam Zangeneh asked Khazar Momeni about text exchanges with Lee early Saturday morning, April 1, 2023, when Lee came to her apartment in Millennium Tower. When Zangeneh asked Momeni if Lee was taking drugs, she replied, "Yes, cocaine and ketamine."
"He was definitely under the influence," she added.
When Zangeneh asked, "Was he acting unusual?" Khazar said Lee, "... was all over the place, aggressive."
According to the testimony, Lee remained at the apartment for about two hours, doing drugs and drinking until he left at 7 a.m. to attend a party at Twitter headquarters. He requested that Khazar Momeni come to the party and bring her girlfriend.
Zangeneh also asked Khazar Momeni about a subsequent visit from Lee on the morning of April 3, the day before the fatal stabbing. She confirmed that Lee and Boivin came to her apartment with a tank of nitrous oxide and that they proceeded to do drugs and drink for several hours.
Alleged sexual assault
The cross-examination then turned to Lee's visit to see Khazar Momeni at Boivin's apartment later that same day, when she had continued using cocaine and nitrous oxide with Boivin and her friend. That was when Boivin also allegedly gave them GHB and LSD and the alleged sexual assault took place.
On Monday, Boivin's attorney Valery Nechay issued a statement maintaining that Khazar Momeni's relationship with her client was consensual and voluntary. She also said Khazar's testimony "is false and riddled with blatant lies."
Zangeneh continued his cross-examination Tuesday afternoon, turning to when Khazar and her friend were taken from Boivin's apartment back to her place in Millennium Tower by her husband -- plastic surgeon Dr. Dino Elyassnia, and her brother Nima. Khazar confirmed that was when she told her brother that she had been touched without her consent while high on GHB and LSD.
When Zangeneh asked Khazar if Nima "was aggressive or violent" towards Boivin when she was picked up, she replied, "No, he was very calm."
She also noted that she did not mention Lee when her brother and husband arrived. Despite her accusations against him, Boivin returned to Khazar's apartment with her jacket and remained at the apartment until 11:45 p.m.
Lack of motive
Khazar testified that there was no fight between her brother and Boivin during that time and that things were "cordial" when he left.
According to testimony, a short time later Lee texted Khazar and told her to give Nima his phone number. Khazar responded that she wished he had more compassion, referencing an earlier disagreement.
In her testimony, she said she quickly made up with him and invited him over to her home, where the three gathered until about 30 minutes before the stabbing. While she noted that drugs were present, she said she was unaware of how much if any alcohol and drugs were consumed by the two men.
"The defense had Khazar on the stand for six hours and cross-examination to establish there was no motive," said legal analyst Shannan Dugan. "Their goal is to say it doesn't make sense; why Nima Momeni – out of the blue, without any motivation – would take a knife and stab and kill Bob Lee. It appeals to the jury's common sense."
