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Suspect in fatal stabbing of Cash App founder pleads not guilty
Legal Blog News | 2023/05/18 09:25
Tech consultant Nima Momeni pleaded not guilty Thursday to a murder charge in the stabbing death of Cash App founder Bob Lee on the streets of San Francisco.

San Francisco Superior Court Judge Victor Hwang ordered Momeni, 38, kept in jail without bail, saying he posed a public safety risk if released. Momeni, who appeared in an orange sweatshirt and pants, did not speak, and his attorney Paula Canny entered the plea on his behalf.

The case has drawn national attention, partly given Lee’s status in the tech world. Lee was found with three stab wounds, including one to the heart, shortly after 2:30 a.m. April 4 and was taken to a hospital where he later died. He was found in the Rincon Hill neighborhood in downtown San Francisco, which has tech offices and condominiums but little activity in the early morning hours.

Lee, 43, created Cash App, a mobile payment service, and was the chief product officer of the cryptocurrency MobileCoin. He was mourned as a loving father of two who made friends wherever he went.

Prosecutors have not provided a motive but say Momeni stabbed Lee after a dispute related to Momeni’s sister, who appeared in court Thursday alongside their mother.

Assistant District Attorney Omid Talai argued Thursday to detain Momeni without bail, saying that the defendant drove Lee to a secluded spot and used a knife that was part of a unique kitchen set belonging to his sister. Police recovered a knife with a 4-inch (10-centimeter) blade at the scene.

Talai said that analysis showed Momeni’s DNA on the handle of the knife and Lee’s DNA on the bloody blade and no evidence that Lee had touched the handle, contradicting Canny’s claim of self-defense for her client.

But Canny said that Momeni did not drive Lee to a secluded spot with the aim of killing him. Instead, she said, Lee directed him to pull over after calling an Uber because the two had argued. The last time Momeni saw Lee, Canny said, Lee was standing upright and walking away.



Wisconsin Supreme Court control, abortion access at stake
Legal Blog News | 2023/04/02 21:09
Control of the Wisconsin Supreme Court, and likely the future of abortion access, Republican-drawn legislative maps and years of GOP policies in the key swing state rests with the outcome an election Tuesday that has seen record campaign spending.

The winner of the high-stakes contest between Republican-backed Dan Kelly and Democratic-supported Janet Protasiewicz will determine majority control of the court headed into the 2024 presidential election. The court came within one vote of overturning President Joe Biden’s narrow win in 2020, and both sides expect another close race in 2024.

It’s the latest election where abortion rights has been the central issue since the Supreme Court overturned Roe v. Wade last June. It’s also an example of how officially nonpartisan court races have grown into political battles as major legal fights play out at the state level.

All of it has fueled spending that will double, and likely triple or more, the previous high of $15.4 million spent on a state court race in Illinois in 2004. Democrats have spent heavily for Protasiewicz and Republicans for Kelly.

Democrats are trying to flip control of the court, which has had a majority of conservative justices the past 15 years. That has allowed the court to uphold an array of Republican priorities, including banning absentee ballot drop boxes last year and affirming the 2011 law all-but ending collective bargaining for most public workers.


CAS asked to judge Ecuador case by 10 days before World Cup
Legal Blog News | 2022/10/03 09:57
Sport’s highest court has been asked to judge a case that aims to remove Ecuador from the World Cup by no later than Nov. 10 — just 10 days before the team should face host Qatar in the opening game.

The Court of Arbitration for Sport said it registered appeals by the Chilean and Peruvian soccer federations against a FIFA ruling this month that Ecuador defender Byron Castillo was in fact eligible to play in the eight qualifying games he was selected for.

CAS gave no timetable for appointing judges and organizing a hearing, though said both parties appealing asked for a final award by Nov. 10.

Chile officials claim to have documents proving Castillo is actually Colombian and that Ecuador should forfeit all eight games he played in as 3-0 losses.

That legal argument was dismissed by FIFA’s disciplinary committee in June and upheld by FIFA appeal judges two weeks ago.

Ecuador placed fourth in the South American qualifying group in March and claimed a direct World Cup entry. Days later it was drawn into Group A with Qatar – playing the host on Nov. 20 in Doha -- Netherlands and Senegal.

If the qualifying games were forfeited, the revised points totals would lift Chile to fourth from seventh.

Peru placed fifth and has asked CAS to get Ecuador’s entry as the next highest placed South American team. Peru already lost an intercontinental playoff to Australia in June.


Arizonan sentenced for Vegas-based scheme targeting migrants
Legal Blog News | 2022/09/23 09:56
An Arizona man who convinced recent immigrants from mainly Asian countries to pay him thousands of dollars each to help them gain U.S. citizenship has been sentenced to nearly six years in prison by a federal judge in Las Vegas, authorities announced.

Court documents show Douglas Lee Thayer, 70, of Mohave Valley collected payments of between $7,000 and $20,000 from at least 160 recent immigrants by promising them the company he ran would find a family to adopt them as adults. He told the victims he would then get them new birth certificates and other documents that would let them gain U.S. citizenship.

A federal jury in Las Vegas convicted Thayer of two criminal counts of mail fraud on April. 18, and he was sentenced on Friday. He is set to surrender to start his sentence next month.

According to the indictment and a sentencing memorandum from federal prosecutors, Thayer ran a Las Vegas-based business called U.S. Adult Adoption Services. After the Justice Department announced in 2016 that it had shut down a similar scheme in Sacramento, California, Thayer offered refunds to the Asian and Hispanic immigrants.

He had charged more than $1 million in fees, but the refunds were only a fraction of what he collected, and prosecutors said he netted more than $850,000.

The owner of the Sacramento business was later sentenced to 20 years in prison.

Prosecutors said Thayer’s victims were particularly vulnerable because they mostly were recent immigrants who spoke little English and knew little if anything about immigration law. The government does not provide an easier path to citizenship for immigrants who are adopted as adults by Americans.

“This prison sentence should serve as a warning that taking advantage of vulnerable victims, regardless of citizenship status, will be investigated and prosecuted,” U.S. Attorney for Nevada Jason Frierson said in a statement.

In pushing for a harsh sentence, Assistant U.S. Attorney Simon Kung said in his sentencing memo to U.S. District Judge Gloria M. Navarro that Thayer “has spent his entire life committing crimes,” included armed robbery, attempted murder and rape, narcotics and the latest, fraud.

“Despite spending more than 20 years in prison prior to the instant offense, he has not been deterred from crime,” Kung wrote.


Alabama must disclose status of nitrogen hypoxia executions
Legal Blog News | 2022/09/14 13:20
A federal judge told Alabama to stop being vague and give a firm answer by Thursday evening on if the prison system is ready to use the untested execution method of nitrogen hypoxia at an execution next week.

U.S. District Judge R. Austin Huffaker, Jr. gave the state the deadline to file an affidavit, or declaration, on whether the state could try to execute inmate Alan Miller by nitrogen hypoxia on Sept. 22 if the use of lethal injection is blocked. The order came after the state dangled the possibility during a Monday court hearing of being ready to become the first state to attempt an execution with nitrogen hypoxia.

Nitrogen hypoxia is a proposed execution method in which death would be caused by forcing the inmate to breathe only nitrogen, thereby depriving him or her of the oxygen needed to maintain bodily functions. It’s authorized as an execution method in three states — Alabama, Oklahoma and Mississippi — but has never been used.

The state provided “vague and imprecise statements regarding the readiness and intent to move forward with an execution on September 22, 2022, by nitrogen hypoxia,” Huffaker said.

The judge asked the state Monday whether it was ready to use the method at Miller’s execution. A state attorney replied that it was “very likely” it could use nitrogen hypoxia next week, but said the state prison commissioner has the final decision.

“On or before September 15, 2022 at 5:00 p.m. CDT, the defendants shall file an affidavit or declaration of Commissioner John Q. Hamm, Attorney General Steve Marshall, or other appropriate official with personal knowledge, definitively setting forth whether or not the Defendants can execute the Plaintiff by nitrogen hypoxia on September 22, 2022,” the judge wrote in a Tuesday order.

Miller is seeking to block his scheduled execution by lethal injection, claiming prison staff lost paperwork he returned in 2018 choosing nitrogen hypoxia as his execution method.

Miller testified Monday that he is scared of needles so he signed a form selecting nitrogen hypoxia as his execution method. He said he left the form in his cell door tray for an prison officer to pick up. The state said there is no evidence to corroborate his claim.


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