A San Francisco judge ruled Tuesday there’s enough evidence to examine whether prosecutors used Nima Momeni’s Middle Eastern heritage against him when they convicted him of killing Cash App founder Bob Lee in April 2023.
Superior Court Judge Patrick Thompson greenlit an evidentiary hearing on claims that prosecutors violated California’s Racial Justice Act by calling Momeni an “animal,” making dehumanizing comments about his mental state, and repeatedly drawing attention to his keffiyeh — a traditional Middle Eastern headscarf.
Momeni, a tech worker, was convicted of second-degree murder after Lee was stabbed to death beneath the Bay Bridge. The high-profile case drew national attention as prosecutors portrayed Momeni as violent and unstable. Defense attorneys now argue those characterizations crossed from tough prosecution into ethnic stereotyping.
What Survives and What Got Tossed
Thompson allowed four areas to proceed: the “animal” label, dehumanizing descriptions of Momeni’s behavior, the emphasis on Middle Eastern clothing, and any prosecution tactics rooted in ethnicity.
He rejected claims about how prosecutors discussed Momeni’s right to counsel and dismissed arguments that the trial judge, Alexandra Gordon, was biased. Those won’t be part of the evidentiary hearing.
Daniel Shriro, Momeni’s attorney, told Courthouse News he’s looking forward to the next phase. The statement was brief — the real fight comes at the evidentiary hearing, where the defense will need to prove racial bias actually infected the prosecution’s case.
The Racial Justice Act’s Growing Reach
California’s Racial Justice Act, passed in 2020 and expanded since, lets defendants challenge convictions if they can show race played an improper role at any stage — from charging decisions to closing arguments. It’s become a significant tool in appeals, though the bar for proving bias remains high.
The law requires defendants first make a “prima facie” showing — essentially enough evidence that bias is plausible. Thompson found Momeni cleared that threshold on the claims moving forward.
The evidentiary hearing will determine whether prosecutors actually crossed constitutional lines or simply prosecuted aggressively. For Momeni, still serving time for Lee’s murder, it’s the difference between a failed appeal and a potential new trial. For prosecutors, it’s a test of whether their courtroom tactics can withstand scrutiny under California’s expanding protections against racial bias in criminal justice.
Key Points
- San Francisco judge approved evidentiary hearing on racial bias claims in Nima Momeni’s murder conviction for killing Cash App founder Bob Lee
- Defense argues prosecutors violated Racial Justice Act by calling Momeni an “animal” and emphasizing his keffiyeh headscarf
- Four bias claims advance to hearing; judge rejected claims about right to counsel and trial judge impartiality
https://www.courthousenews.com/judge-orders-evidentiary-hearing-in-appeal-of-tech-workers-conviction-for-murder-of-cashapp-ceo/ – July 15, 2026
