Decision delayed on retrial for alleged murderer

Though Li was acquitted last month of a felony murder charge, the jury voted 6-6 and 7-5 each of Bayat’s two charges and confirmed no further deliberations would yield unanimous verdicts, leading Judge Robert Foiles to declare a mistrial on his case.

Bayat, who had been living with Li at the time of Green’s death, was accused by prosecutors of pulling the trigger of the gun that killed Green, who disappeared in late April of 2016 after having met with Li at Millbrae Pancake House. Li and Green had two daughters together but had broken up in October of 2015 and were said to have been in a custody dispute at the time of Green’s disappearance. Green’s body was discovered near a Sonoma County homeless encampment May 11, 2016, according to prosecutors previously.

Defense attorneys for Li and Bayat contended prosecutors had no direct evidence connecting their clients with the murder and pointed to what they described as holes in the investigation into Green’s death. They claimed their clients did not have a motive to kill Green, since Li and Green had reached a resolution on their child support court case a few days before Green’s death and Bayat had indicated he wanted Green to be part of the children’s lives.

Li and Bayat’s defense attorneys directed the blame for Green’s death to 44-year-old Olivier Adella, who they claimed killed Green in a botched kidnapping attempt. Prosecutors previously alleged Adella was enlisted by Li and Bayat to dispose of Green’s body, and after he pleaded no contest to accessory to murder in 2018, Adella was set to serve as a key witness in the prosecution’s case against Li and Bayat, according to prosecutors.

But Adella’s case was called into question after he was accused of intimidating a witness just before Li and Bayat’s trial was to start in September, and Adella was taken back into custody. Prosecutors subsequently decided not to use Adella as a witness and he is next expected to appear in court Dec. 12 for prosecutors’ decision on the future of his plea deal.

In April of 2017, the case made headlines when Li posted $35 million bail by putting up several Bay Area properties valued at $62 million along with $4 million in cash. Bayat was also assigned $35 million bail but remains in custody, according to prosecutors.