SAN FRANCISCO - The man accused of killing Cash App founder Bob Lee was once again in court on Tuesday, and once again he did not enter a plea.
San Francisco's district attorney says there is no limit to how long entering a plea can be delayed. The defendant has a right to a speedy trial, but if they choose to waive that right, the defense can delay as long as they feel they need to, and in this case the defendant's attorney says she's delaying to give her client the best chance she can.
Nima Momeni walked boldly into court, at what was scheduled to be his arraignment. Paula Canny, Momeni's defense attorney says she is waiting to enter a plea to make sure her client can operate on his time frame, not the prosecutors.
"Of course I'm pleading not guilty," said Canny. "He is not guilty, OK. I'm going to enter that plea. But what I can't decide about is whether or not to waive time or not waive time for the preliminary hearing and that's what I need the two weeks for."
San Francisco District Attorney Brooke Jenkins says her team was ready to proceed Tuesday, but that it's not unusual for defense teams to delay; looking for an advantage.
"The defense has the ability to continue this arrangement as long as they wish," said DA Jenkins. "Mr. Momeni is in custody and the law view it as though it is his choice, whether or not to exercise his rights to a speedy hearing or any other part of this criminal justice process."
The autopsy report for Bob Lee has now been released and says Lee died after being stabbed in the chest, which resulted in injuries to his heart. The final report also reveals that the tech exec had cocaine and other drugs in his system at the time he died. Canny may have provided a clue as to how she will defend her client, saying people on drugs sometimes act erratically. "There's a lot of drugs in Bob Lee‘s system," said Canny. "I mean Bob Lee's system is like the Walgreens of recreational drugs."
Prosecutors say just because someone had drugs in their system does not give anyone the right to kill them. "We are accustomed as prosecutors to having the reputations of our victims be denigrated by the defense. That is a customary defense tactic that is normal, sadly, in the work that we do," said Jenkins.
Momeni is due back in court to enter a plea May 18 at 9 a.m.