Pelosi Attacker Sentenced to Life in Prison, Spouts Conspiracy Theories in Court

A San Francisco judge sentenced David Wayne DePape to life in prison without the possibility of parole Tuesday morning for kidnapping and other felony charges related to the attack on then-House Speaker Nancy Pelosi’s San Francisco home two years ago.

Judge Harry Dorfman ordered that DePape, 44, serve his sentence concurrently with the 30-year sentence a federal judge handed him in May.

“He went in to attack a leader of our federal government. I can’t ignore that fact,” Dorfman said.

In court, Christine Pelosi read a statement from her father, Paul, whom DePape attacked with a hammer. She read that Oct. 28, 2022, was the last peaceful night sleep he had before being awoken in the early morning to DePape standing over him, yelling, “Where’s Nancy?” a phrase he said still echoes in his head.

DePape, who has embraced conspiracy theories about “Russiagate” and others, told Paul Pelosi he was on “a political mission” because of the House speaker’s treatment of Donald Trump. He wanted to film a video of her confessing to crimes, but she wasn’t home. Instead, he hit Paul in the head with a hammer as Capitol police responded to the home.

“I can’t remove the stain in the front entryway where I bled,” Paul Pelosi wrote.

He described still dealing with dizziness, vertigo and a sense of fear shared with spouses of other elected officials since the unprecedented attack. The Pelosis don’t answer their door or phone, and Nancy Pelosi remains under 24-hour security.

The whole Pelosi family wanted the fullest punishment possible, Christine Pelosi said.

At his federal sentencing, DePape apologized to Paul Pelosi, who wasn’t in the courtroom then or at Tuesday’s hearing in state court.

DePape took a much more conspiratorial route on Tuesday, starting with a single sentence: “9/11 was an inside job.”

Over the next hour, DePape meandered through conspiracy theories involving 9/11, COVID-19 and the 2020 election, even calling those convicted and charged with crimes following Jan. 6 “political prisoners.” He claimed to have psychic abilities and said his ex-wife — fellow “9/11 truther” Gypsy Taub — had been replaced by a body double.

Dorfman repeatedly asked DePape if he wanted to address issues related to his charges, trial or sentence, but DePape kept returning to unsubstantiated conspiracy theories.

“I did not hear any expression of remorse,” Dorfman said when DePape finished his statement. “If you tried to persuade me in your remarks, Mr. DePape, you did not persuade me.”

Deputy Public Defender Adam Lipson said DePape suffered from schizotypal personality disorder, which affects his ability to maintain personal relationships and makes him distrustful of others. He received that diagnosis after the attack on the Pelosi home.

“This is a man who lived a very solitary life and got involved in a lot of online conspiracy theory and engagement farming, and given his mental health condition, it led him to sort of these intractable beliefs which he’s expressed and fully believes in,” Lipson told reporters after the hearing. “His condition, combined with the sort of just kind of the terrible stuff that’s out there, just seeking engagement with people, led him down this horrible path, and this is where we wound up.”

Prior to the sentencing, Lipson again argued for a new trial, saying the ransom enhancement of the kidnapping charge that carried the mandatory life sentence was brought as part of a “vindictive prosecution” after he asked a judge to dismiss three charges, including attempted murder, which carried a mandatory sentence of life with the possibility of parole.

The defense successfully argued that DePape was facing double jeopardy — or being tried twice for the same crimes — in state court after being convicted in federal court of similar crimes.

Lipson argued that the timing of the kidnapping charge after the trial had already begun showed prosecutors’ vindictiveness. The defense filed its motion to have three charges dismissed on a Friday, and prosecutors filed the kidnapping charge with the harsher mandatory sentence the following Monday.

But Dorfman ruled against that argument, saying California law was “liberal” on when prosecutors can file additional charges, which includes up to when a jury begins deliberations.

DePape’s defense in both the federal and local prosecution hinged on why he targeted Nancy Pelosi. His attorneys argued unsuccessfully that he was motivated not by her position as a public official but by her activities as a politician. Judges and juries in both cases rejected that distinction.

The defense also argued against the ransom-related enhancement in the kidnapping charge. Lipson argued what DePape ultimately wanted — a video of the House speaker confessing to alleged crimes — had no value, while prosecutors said it did.

“People would pay good money to see a video of a prominent political figure confessing to crimes,” Assistant District Attorney Phoebe Maffei said.

Dorfman denied the defense’s request for a new trial.

“This was a kidnapping conviction in an unprecedented fashion, as he was convicted of essentially a ransom kidnapping charge where there were no ransom demands or anything of the sort,” Lipson told reporters. “So, it’s used in a very different way. It was brought at the last minute in retaliation for his asserting his federal due process rights.”

Lipson said those and other issues with the case will be brought up on appeal.

Should those appeals be successful, Dorfman said he wants the appellate court to have DePape resentenced in his courtroom.

At the end of the hearing, Dorfman said he had no control over DePape’s federal sentence, which he will complete before serving his life sentence on state charges, and no control over what a future president might do, implying a second Trump administration could involve a pardon for DePape.

“I have no authority over what the president of the country can do,” Dorfman said. “I can’t predict the future.”