SAN FRANCISCO — Defense attorneys for Nima Momeni plan to argue that Bob Lee may have had the knife in his possession during the fatal stabbing and that Momeni “was forced to make his case.”
During a preliminary hearing on Wednesday, an expert witness brought by the defense testified that the injuries Lee sustained were “consistent with someone performing a defensive hand motion” while the knife was in Lee’s hand.
The prosecution has maintained that “Mr Momeni stabbed and killed Mr Lee.”
Momeni has been accused of fatally stabbing Lee in the early morning hours of April 4, 2023, in San Francisco’s East Cut neighborhood. The couple had known each other before the incident.
During a preliminary hearing to determine the scope of a potential witness’s testimony, Dr. John Marraccini, a forensic expert and family physician in Miami, Florida, said, based on evidence he reviewed and presented by the defense, that in a hypothetical scenario, Lee could have had the knife in his right front pocket and pulled the knife out.
During the confrontation between the suspect and the victim, Marraccini hypothesized that Momeni could have pointed the knife at Lee and stabbed him first in his right hip.
Lee suffered three stab wounds, one in the lower right hip and two in his chest, one of which pierced his heart.
During questioning by the prosecution, Marraccini also said that it is possible that Lee’s injuries were the result of a direct confrontation between Momeni and Lee. This is consistent with the prosecution’s theory that Momeni had the knife in his possession and used it to attack Lee.
“Our theory is that our client stood his ground and used the necessary force to ensure that he was not injured and did not suffer serious bodily harm or death. And that is what happened, that is our theory,” defense attorney Saam Zangeneh said, speaking to reporters after the hearing.
Defense attorneys were reluctant to claim that Lee had stabbed himself.
Momeni is represented by Florida-based attorneys Zangeneh, Bradford Cohen and Michael McMullin and by California-based attorneys Tony Brass and Zoe Aron.
Assistant District Attorneys Omid Talai and Dane Reinstedt are representing the public on Lee’s behalf.
Marraccini explained that he splits his time between two practices, one in forensic pathology and one in family medicine. He explained that he worked as a coroner for Palm Beach County, Florida, and Dade County, Florida, from the time he graduated from medical school in 1978 until he left the county medical offices in 1999. Since then, he said, he has performed autopsies since his departure, most recently in 2022.
A judge has admitted him as a witness at the trial, which is expected to begin next month.
Momeni has maintained his not guilty plea. He faces 26 years to life in prison if found guilty. Jury selection for the trial is expected to begin the week of September 30.
