Nima Momeni is seeking to overturn his conviction for murdering Cash App founder Bob Lee, arguing that racial and ethnic bias influenced the prosecution of the case.
A San Francisco Superior Court judge has allowed a limited part of the challenge to proceed under California’s Racial Justice Act, delaying Momeni’s sentencing while the claims are examined.
Nima Momeni’s racial-bias challenge
Momeni was found guilty of second-degree murder in December 2024 after a jury rejected his claim that he had acted in self-defence when Lee was stabbed beneath the Bay Bridge in April 2023.
Prosecutors said Momeni stabbed Lee three times with a kitchen knife after becoming angry over events involving his sister. Momeni told the trial that Lee had attacked him first.
His new legal team argues that the original proceedings were tainted by references which, it says, reinforced stereotypes about men of Middle Eastern origin. The defence has objected to descriptions of Momeni as an “animal” and a “psycho”, as well as the prosecution’s reference to the killing as an “honour killing”.
Lawyers have also raised concerns about the focus placed on Momeni’s Middle Eastern background and a keffiyeh, a traditional headscarf, during the trial.
Judge Patrick Thompson ruled that the claims concerning the alleged dehumanising language, references to Momeni’s mental stability, the keffiyeh and any wider ethnically rooted prosecution strategy could be considered at an evidentiary hearing.
Other allegations, including claims about the conduct of the trial judge and the handling of comments made by defence lawyers, were not allowed to proceed.
The San Francisco District Attorney’s Office has disputed the defence case. Assistant district attorney Natalie Fuchs argued that the claims lacked specificity and said some of the disputed descriptions came directly from text messages and testimony involving Momeni’s sister, rather than from prosecutors.
The Racial Justice Act, which came into force in California in 2021, prohibits racial, ethnic or national-origin bias from influencing criminal charges, convictions or sentences. Momeni’s lawyers say the alleged language and presentation of the case may have affected the jury’s view of him.
Momeni has not yet been sentenced. He faces a prison term of 16 years to life if the conviction stands, but the sentencing hearing remains on hold while the court considers the post-trial motions.
The judge’s decision to examine the claims does not overturn the verdict or guarantee a retrial. The court must first determine whether the alleged bias amounted to a violation of California law.
