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Judge cites error, will reopen sentencing hearing for man who attacked Paul Pelosi

A federal judge will resume the sentencing hearing for the man who broke into Nancy Pelosi’s San Francisco home and beat her husband with a hammer after the judge wouldn’t allow him to speak during a court appearance last week.

On Friday, District Judge Jacqueline Scott Coley sentenced David DePaap to 20 years in prison for attempting to kidnap Nancy Pelosi and 30 years in prison for assaulting Paul Pelosi on October 28, 2022. However, this is the highest penalty for both charges. Statements are executed concurrently. DePape was also given credit for 18 months in custody.

Paul Pelosi hammer attacker David DePape sentenced to up to 30 years in prison

But in a court filing over the weekend, Cory said it was a “clear mistake” on his part to not give DePape the opportunity to make statements before being sentenced as required by law. She scheduled a new hearing for May 28.

Paul Pelosi attends a portrait unveiling of his wife, House Speaker Nancy Pelosi (D-Calif.), in Statuary Hall at the Capitol in Washington, D.C., on December 14, 2022. A federal judge plans to resume David’s sentencing hearing. DePape broke into Nancy Pelosi’s San Francisco home and beat her husband with a hammer after he refused to allow Pelosi to speak during her court appearance last week. (AP Photo/J. Scott Applewhite)

At Friday’s hearing, neither prosecutors nor DePipe’s attorney pointed to Corey’s negligence. “Nonetheless, it was the court’s responsibility to personally ask Mr. DePaap if he wished to speak,” Corey wrote.

Hours after Cawley handed down his sentence, prosecutors said the court had not given DePaap the opportunity to “make statements or provide information that would reduce his sentence,” as required by federal regulations. filed a complaint. They asked the court to reopen the sentencing hearing to allow for that option, saying the court has 14 days to correct the erroneous verdict.

But DePape’s defense attorney said he objected to bringing his client back to court, according to prosecutors’ filings.

DePape’s lawyers filed an appeal immediately after Friday’s verdict. Cawley gave them until Wednesday to comply with her order to resume her sentencing hearing.

A jury in November found DePaap, 44, guilty of attempted kidnapping of a federal officer and assault on the federal officer’s next of kin. Prosecutors had asked for 40 years in prison.

The attack on then-82-year-old Paul Pelosi, captured on police body camera footage days before the 2022 midterm elections, shocked the political world. He suffered two wounds to his head, including a skull fracture, which was repaired with plates and screws that will remain with him for the rest of his life. His right arm and hand were also injured.

Prior to sentencing, one of DePape’s lawyers, Angela Chuan, told the judge to consider prison terms for those who took part in the January 6, 2021, attack on the Capitol.

“The five most severe sentences for people convicted of seditious conspiracy, literally conspiracy to overthrow the government, range from 15 to 22 years,” Chuan said.

Cawley said the Jan. 6 analogy does not adequately reflect the gravity of breaking into an elected official’s private residence. The home raids could have a chilling effect on those seeking public office in the future, she said, adding that she believed Depape still posed a danger to society.

“I haven’t seen anything to suggest that he wouldn’t act on his unfounded beliefs again if given the chance,” she said.

DePaap admitted at trial that he broke into the Pelosis’ home on October 28, 2022, intending to take the speaker hostage and force him to admit corruption. “If she lied, I would break her kneecap,” he said. Nancy Pelosi was not at her home at the time.

DePaap also admitted to beating Paul Pelosi with a hammer when police showed up and said plans to end what he sees as government corruption are falling apart.

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DePape, a Canadian who immigrated to the United States more than 20 years ago, testified in court that she believed the news media repeatedly lied about former President Donald Trump. In rants posted on blogs and online forums that were deleted after his arrest, DePerp promoted the baseless right-wing QAnon conspiracy theory that a cabal of Satan-worshiping pedophiles runs the U.S. government. repeated.

Cawley said DePaap is in the custody of U.S. Immigration and Customs Enforcement and will be deported once he completes his sentence.

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