The lead attorney in Nima Momeni's defense team confirmed Tuesday he filed a motion to dismiss the case with the judge.
Momeni is charged with killing Cash App co-founder Bob Lee and a jury continues to deliberate his legal fate in the high-profile murder trial.
The defense team are alleging prosecutorial misconduct and false testimony from a witness for prosecution as to why a motion was filed. This week's motion is one of several filed by the defense through the duration of the trial and leading up to it.
There was no word late Tuesday about a judge's decision on the latest motion.
The San Francisco jury began deliberating a little earlier in the day, 9:15 a.m. instead of 9:30 a.m. It concluded the day with no verdict.
Momeni is charged with first-degree murder in the fatal stabbing of Lee on April 4, 2023, in San Francisco. That's the highest charge the jury must consider, and they must come to a consensus of guilty or not guilty.
If the jurors are unanimous on not guilty, they will then consider lighter charges of second-degree murder, voluntary manslaughter and involuntary manslaughter in that order.
Prosecutors argued that Momeni attacked and killed Lee in a drug-fueled rage after learning his sister’s allegations of a sexual assault against a man that Lee knew. Defense attorneys say it was Lee who lunged at Momeni with the knife, and Momeni acted in self-defense.
"The big factor for these jurors is how they use 'beyond a reasonable doubt' standard," legal analyst Steven Clark said. "They may be skeptical of Momeni’s theory. But at the same time, did that create reasonable doubt? That will be the key in the case."
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Clark said he did not anticipate the verdict would come quickly. The lesser charges could drag out these deliberations for a lengthy period.
