A federal judge in San Francisco has decided to reopen the sentencing hearing for David DePape, the man who broke into Nancy Pelosi’s home and assaulted her husband with a hammer. The judge, Jacqueline Scott Corley, admitted that she made a mistake by not allowing DePape to speak during his court appearance last week. The sentencing hearing is scheduled for May 28 to give DePape the opportunity to make a statement before he is sentenced. DePape was previously sentenced to 20 years for attempting to kidnap Nancy Pelosi and 30 years for assaulting Paul Pelosi, the maximum sentence for both counts.

After the initial sentencing, prosecutors filed a motion pointing out the court’s failure to offer DePape a chance to speak or present any information to mitigate the sentence. They requested that the sentencing hearing be reopened to correct the error within 14 days. DePape’s defense team opposed bringing him back to court, but the judge ordered the hearing to be reopened, giving his attorneys until Wednesday to respond. DePape, aged 44, was found guilty in November of attempted kidnapping of a federal official and assault on the immediate family member of a federal official. Prosecutors had originally sought a 40-year prison term for him.

The assault on Paul Pelosi, which occurred just days before the 2022 midterm elections, was captured on police body camera footage and caused shockwaves in the political world. Paul Pelosi, 82 at the time, suffered serious injuries including a skull fracture that required plates and screws. Ahead of the sentencing, DePape’s attorney argued that the prison terms handed out to those involved in the January 6 Capitol attack were less severe than what DePape was facing. However, the judge emphasized the seriousness of breaking into an elected official’s home and the potentially chilling effect it could have on future candidates. She expressed concerns about DePape posing a danger to society if given the opportunity to act on his beliefs again.

During the trial, DePape admitted to breaking into the Pelosis’ home with the intention of holding Nancy Pelosi hostage and making her admit to corruption. He also confessed to assaulting Paul Pelosi with a hammer when the police arrived, stating that his plan to end what he viewed as government corruption was falling apart. DePape, who moved to the U.S. from Canada more than 20 years ago, claimed that news outlets had lied about former President Donald Trump. He echoed the baseless QAnon conspiracy theory that alleges a cabal of devil-worshipping pedophiles controls the U.S. government. Corley confirmed that DePape is currently in the custody of U.S. Immigration and Customs Enforcement and will be deported upon completing his sentence.

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