Chiefs focus
Defense attorneys for Nima Momeni — the man accused of
fatally stabbing tech executive Bob Lee
– called a medical expert to the witness stand Tuesday who testified that it is possible that their theory of self-defense could be true.
Dr. John Marraccini, a Florida-based physician and pathologist, told jurors that based on Lee’s wound pattern, it could be indicative of Lee having brought the knife and sustained self-inflicted wounds as Momeni attempted to defend himself from an attack brought by Lee.
That same witness also told jurors that it’s possible the wounds could have been inflicted from a direct attack by Momeni.
The stab wound the doctor focused on was what he described as a “superficial” wound to Lee’s right hip where he sustained a knife wound front-to-back, and didn’t puncture any major organs.
That wound, Marraccini said, could have been sustained when Lee pulled out a knife from his own right pocket, and was quickly stopped by Momeni, but in doing so, penetrated the skin, leaving a four-inch wound. That theory, he said, was one posed to him by the defense that he verified to be one scenario.
It’s also a possibility, the doctor told prosecutors, that the wound could have been sustained after the two strikes to Lee’s chest, one of which was a fatal puncture to the heart and hit Lee’s hip as he turned away from Momeni in an attempt to shield himself from an attack by Momeni.
The potential outcomes, demonstrated by attorneys inside the courtroom, were met with amusement from the jury and spectators.
Attorney Shannan Dugan sat through proceedings Tuesday and said the doctor left all options on the table.
“Right now, we’re kind of in the realm of anything’s possible. It was by no means a definitive statement by the defense expert in terms of how the wounds were inflicted,” she told CBS News Bay Area.
But Momeni’s defense attorneys believe the testimony can only aid their case because of holes left in the story by the prosecution.
“The stab pattern wounds don’t match the story that the state is putting out,” criminal defense attorney Bradford Cohen told reporters.
But the doctor’s credibility was brought into question as Marraccini said on the stand that he splits his time as a family practitioner and a private consultant where he testifies “99%” for the defense and “1%” for prosecutors.
This, on top of testimony that he was paid $19,000 for his testimony and travel to San Francisco from Florida. Rates, he noted, are standard for private experts.
Even so, Dugan said the jury may take his testimony with a grain of salt.
“The weight they’re going to give the defense expert’s testimony given that he was paid a significant amount of money given that he testifies 99% for the defense they may not give his testimony very much weight,” said Dugan.
Marraccini’s testimony could leave the jury with more questions than answers. Answers, only Momeni may be able to answer as he’s expected to take the stand to tell his side of the story in the coming days.
“Without any explanation by Nima Momeni it seemed to be possible just like any other theory could be,” said Dugan.
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