In a pivotal moment of the Nima Momeni murder trial, Judge Alexandra Gordon dismissed defense motions for both a mistrial and an acquittal. The mistrial plea arose following an incident where SFPD Sgt. Brent Dittmer, the case’s lead investigator, inadvertently informed jurors that Momeni had not been granted bail, a detail that defense attorneys expressed could unfairly influence the jury’s perception of the defendant’s innocence, as reported by
Mission Local
.
According to the same source, during cross-examination, Dittmer confirmed that Momeni had “never been out on bond”, prompting defense attorney Saam Zangeneh to challenge the statement’s appropriateness given its potential to prejudice the jury. Despite this concern, motions for a mistrial and an acquittal were summarily rejected. Gordon’s decision came after defense attorneys could not substantiate their claim that a proper chain of custody had been established, allowing them to connect Lee’s blood to Momeni’s DNA found on the alleged murder weapon, prompting Prosecutor Omid Talai to disqualify the argument by emphasizing other incriminating evidence, such as video surveillance at the scene of the crime.
As the
KTVU report
notes, with the prosecution having rested their case, all attention shifts towards the defense, which decides whether Momeni should testify.
Adding a familial dimension to the contentious debate over the alleged self-defense motive, Bob Lee’s brother, Tim Oliver Lee, expressed skepticism to
KTVU
regarding Momeni’s narrative, citing the DNA evidence found on the murder weapon as inconsistent with the claim of self-defense. Meanwhile, the defense highlighted the lack of evidence revealing who the initial aggressor was during the fatal altercation, and Judge Gordon expressed frustration over the afternoon’s legal wrangling, advising defense attorneys to be ready to present their witnesses the following day.
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