Nov 05, 2024
The jury in the trial of Nima Momeni were shown a controversial video Monday that may or may not help the prosecution's case, but which the defense argued vigorously against being allowed.The video, which we first learned about in September, was shot by San Francisco Police Sergeant David Goff. Goff was tasked with tracking Momeni's movements in April 2023, in the days following Bob Lee's murder. It was shot outside the Burlingame law offices of Paula Canny, Momeni's original defense attorney before they parted ways about six weeks after his arrest, and it appears to show Momeni reenacting the stabbing — with three thrusts toward another's torso — in front of an investigator hired by Canny.Momeni then can be seen appearing to pantomime throwing the knife overhand, as prosecutors say he did after the crime.As Mission Local reports from Goff's testimony, Goff had followed to Momeni to what he later learned was Canny's office. He watched as Momeni came outside to smoke a cigarette, and recorded cellphone video of his interaction with the investigator. Goff testified that he had intended to surruptitiously collect a DNA sample via a discarded cigarette."Based on what I saw, it looked like him simulating maybe holding an edged weapon or a weapon of some sort in his right hand as he made these motions," Goff said.Prosecutors are using the video to suggest that Momeni did not act in self-defense, as the defense team is trying to purport. Prosecutor Omid Talai asked Goff if he ever saw Momeni appear like he was redirecting the knife away from his own body, and Goff said, "No."As KPIX reports, the video was shot from about 30 feet away, and did not appear to be conclusive in any way.Defense attorneys had argued in a preliminary hearing that the video should be considered inadmissible under attorney-client privilege, but they are now trying to spin it in their favor. Bradford Cohen, a member of the defense team, told KPIX Monday "this piece of evidence hurt [the prosecution] more than it helped them because they made a promise to the jury and that promise was you're going to see this but I think everyone that was in the room when they saw that video it wasn't what they promised."Last week, prosecutors also showed jurors grainy surveillance footage that appears to capture the moment the stabbing took place, though the figures in the video are too far away to be recognizable. Jurors on Monday were also shown photographs of the three stab wounds on Lee's body, and Assistant Medical Examiner Ellen Moffatt testified about the seriousness of the wounds. One of the wounds punctured the front and back of Lee's heart. Another wound was recorded as five inches deep, though the blade of the murder weapon is only four inches long, suggesting it was a forcible stabbing.As Mission Local reports, Lee’s ex-wife, Krista Lee, was present in the courtroom Monday and "wiped away tears" when the photos were shown.The trial resumed this morning (Tuesday), and is expected to go on for at least four more weeks.Previously: Prosecution Shows Jury Grainy Video of Bob Lee Stabbing
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