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SAN FRANCISCO — Defense attorneys for Nima Momeni plan to argue that Bob Lee may have possessed the knife in his fatal stabbing and Momeni was “forced to stand his ground.”
In a pre-trial hearing Wednesday, an expert witness brought by the defense testified that the wounds Lee sustained are “consistent with someone performing defensive hand maneuver” while the knife was in Lee’s hand.
The prosecution has maintained that “Mr. Momeni stabbed and murdered Mr. Lee.”
Momeni has been accused of fatally stabbing Lee on the early morning hours of April 4, 2023, in the East Cut neighborhood of San Francisco. The pair knew each other prior to the incident.
During a pre-trial hearing to determine the scope of a potential witness’ testimony, Dr. John Marraccini, a forensic expert and family practitioner in Miami, Florida, said based off evidence he has reviewed that was provided by the defense, that in a hypothetical scenario Lee could have had the knife in his front, right pocket and could have withdrawn that knife.
Upon confrontation between the defendant and victim, Marraccini hypothesized that Momeni could have redirected the knife towards Lee stabbing him first in his right hip.
Lee sustained three stab wounds. One to the lower right hip and two to his chest, one of which punctured his heart.
Upon questioning from the prosecution, Marraccini also said it is possible that the wounds Lee sustained could have come from a direct confrontation from Momeni to Lee, in line with the prosecution’s theory that Momeni was in possession of the knife and used it to attack Lee.
“Our theory is that our client stood his ground and used the amount of force necessary to make sure he wasn’t hurt and he didn’t sustain serious body injury or death and he did that’s our theory,” said defense attorney Saam Zangeneh, speaking to reporters after the hearing.
Defense attorneys stopped short of suggesting Lee stabbed himself.
Momeni is represented by Florida-based defense attorneys Zangeneh, Bradford Cohen and Michael McMullin as well as California-based defense attorneys Tony Brass and Zoe Aron.
Assistant District Attorneys Omid Talai and Dane Reinstedt are representing the people on behalf of Lee.
Marraccini explained he splits his time between two practices, one in forensic pathology and one in family medicine. He explained he served as a medical examiner for Palm Beach County, Florida and Dade County, Florida from when he graduated medical school in 1978, until he departed the county medical offices in 1999. Since then, he said he has performed autopsies since his departure, most recently in 2022.
A judge approved him as a witness for the trial, which is expected to begin next month.
Momeni has maintained his plea of not guilty. He faces 26 years to life if convicted. Jury selection for the trial is expected to begin the week of Sept. 30.
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Lauren Toms
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