The accused killer of a cryptocurrency startup executive returns to San Francisco criminal court with a revamped legal team facing off against prosecutors who will try to persuade a judge to move the closely watched case to trial.
Momeni’s lawyers will likely use the hearing to size up the prosecution’s case, probe witnesses, challenge evidence, and possibly lay the groundwork for a deal down the road in which Momeni agrees to plead guilty to a lesser charge of manslaughter, rather than try to have the murder charge thrown out, said Adam Gasner, a criminal defense lawyer in San Francisco, who’s not involved in the case.
But the two men knew each other and video evidence shows them both leaving the Millenium Tower apartment of Khazar Momeni, Nima’s sister, shortly before Lee was killed. Prosecutors say a kitchen knife with Lee’s blood on it, found near the victim, also had DNA evidence on the handle that was traced to Nima Momeni. The knife, they say, came from Khazar Momeni’s apartment.
Momeni’s defense team could but isn’t likely to call witnesses, legal experts said. How much they can learn about, and challenge, the prosecution’s case depends on what the District Attorney’s office does. Prosecutors could present only the evidence they believe will persuade the judge that there is probable cause to take the case to trial — a low bar.