A federal judge has granted a motion to reopen the sentencing in the case against David DePape, who was convicted of the 2022 attack on House Speaker Emerita Nancy Pelosi’s husband, Paul. The judge determined that DePape did not get a chance to speak during his sentencing hearing, which is required by federal rules. As a result, the judge will reopen the sentencing portion of the case on May 28 at 9:30 a.m. The court admitted to the mistake, acknowledging that it had committed a clear error by not allowing DePape the opportunity to speak before imposing his sentence.
DePape was sentenced to 30 years for assault and 20 years for attempted kidnapping, which would run concurrently, for the attack at the Pelosis’ San Francisco home. Federal prosecutors filed a motion to reopen the sentencing for the limited purpose of allowing DePape to allocute, or speak, if he chooses to do so prior to sentencing. While DePape was not required to speak during the hearing, the record shows that he did not get the opportunity to do so. DePape’s attorneys opposed the motion to reopen sentencing and filed a notice of appeal regarding the judgment and sentence entered in the matter.
In November, DePape was convicted in a federal court in San Francisco on one count of assault on the immediate family member of a federal official and a second count of attempted kidnapping of a federal official. His attorneys conceded that he attacked Paul Pelosi, but argued that his motivation for the assault did not match the charges against him. DePape testified that he was looking for Nancy Pelosi and was surprised to find her husband at home instead, leading to the altercation. Pelosi underwent surgery to repair injuries sustained during the attack.
Paul Pelosi testified that his recovery has been difficult and that he has made efforts to move on from the incident. DePape stated that he had other targets in mind but attacked Pelosi when his plan was disrupted. The assault resulted in Pelosi suffering a skull fracture and injuries to his hand and arm. A state case against DePape that includes charges of attempted murder, burglary, and assault is expected to go to trial this summer. Overall, the reopening of DePape’s sentencing provides an opportunity for him to speak and potentially mitigate his sentence, taking into account his testimony and the circumstances surrounding the attack on Paul Pelosi.
