Judge orders evidentiary hearing in appeal of tech worker’s conviction for murder of CashApp CEO

SAN FRANCISCO (CN) — A San Francisco Superior Court judge Tuesday advanced claims of racial bias in the case against Nima Momeni, a tech worker convicted of stabbing and killing Cash App founder Bob Lee below the Bay Bridge in San Francisco in April 2023.

Ruling from the bench, San Francisco Superior Court Judge Patrick Thompson said Momeni made a limited prima facie showing of violations of the California Racial Justice Act, allowing certain claims of his appeal to move forward to an evidentiary hearing.

The topics the judge allowed to proceed to an evidentiary hearing include the prosecution’s references to Momeni as an “animal,” dehumanizing descriptions of Momeni’s instability, emphasis on the keffiyeh, a traditional Middle Eastern headscarf, as well as any parts of the prosecution’s strategy that were ethnically rooted.

However, the judge axed certain topics, including the prosecution’s statements about the defendant’s right to counsel and the defense’s belief San Francisco Superior Court Judge Alexandra Gordon was not impartial.

An evidentiary hearing is scheduled for Aug. 14.

In a statement to Courthouse News following the hearing, Momeni’s attorney, Daniel Shriro, said he was looking forward to the evidentiary hearing.

The San Francisco District Attorney’s Office declined to comment.

A jury found Momeni guilty of second-degree murder in San Francisco Superior Court after a two-month trial in late 2024. He faces 16 years to life in prison.

Momeni appealed his conviction under the California Racial Justice Act, arguing the prosecution had an implicit bias against him as a man of Middle Eastern descent.

The law, originally passed in 2020, prohibits “bias based on race, ethnicity, or national origin in charges, convictions and sentences,” and describes what constitutes violations by government actors or agencies.

Momeni specifically raised an issue with character descriptions the prosecution used during trial that he says exploited a negative stereotype of his ethnic origin, such as “animal,” “overprotective,” “psycho” and “psychotic.” He additionally objected to the prosecution’s reference to the death of Lee as “an honor killing.”

“The prosecution made an argument, ‘this is the type of person to do this,’” Shriro said at Tuesday’s hearing. “It’s bad because it’s character evidence; it’s worse because the traits are linked to the defendant’s ethnicity and racial group.”

Momeni further raised concerns over Gordon’s behavior during the two-month trial, including certain facial expressions and eye-rolling only when the defense was presenting, as well as calling out defense counsel, who is also of Middle Eastern descent, for using the phrase “young lady.”

“I fully expect when Judge Gordon did that, her goal was to prevent sexism in her courtroom. That is a noble goal,” Shriro said. However, he added the judge’s “jump to assume sexism” may have enforced the stereotype that all Middle Eastern men are misogynistic.

Thompson expressed skepticism at many of the defense’s claims, primarily focusing on Shriro’s lack of specific facts to support the supposed examples of racial bias. The judge further defended Gordon’s handling of the “young lady” comment, saying judges can respond to situations in their courtrooms as they see fit.

Similarly, Assistant District Attorney Natalie Fuchs argued the defense’s evidence of racial bias “lacked specificity where particular issues occurred,” and that the defense created “a narrative of the prosecution that is belied by the record.”

Fuchs added the usage of the descriptors “animal” and “psycho” fell under an exception of the Racial Justice Act because they were taken directly from text messages and testimony from Momeni’s sister.

“The evidence, if you can even call that evidence, does not rise to that threshold,” she said.

At trial, prosecutors argued Momeni killed Lee in a fit of rage, because Lee had been doing drugs with Momeni’s sister and introduced her to a drug dealer who sexually assaulted her.

In contrast, the defense team said Momeni acted in self-defense and that Lee was on a multiday drug bender of cocaine, alcohol and other substances that made him unstable and unpredictable in the days before the stabbing.

Lee’s family filed a wrongful death suit against Momeni’s sister and mother in San Francisco Superior Court, claiming the family helped him cover up the murder.

Momeni additionally sued media outlets, including the LA Times, San Fransico Standard, and the New York Post, as well as photojournalist Paul Kuroda over the press coverage of his legal case, seeking $17 million in damages. However, his complaint was struck by a judge earlier this year.