Jury Finds Man Who Attacked Paul Pelosi With Hammer Guilty in State Trial
Ex-Wife of Man Who Attacked Paul Pelosi Is Barred From Court as Jury Deliberates
SF Judge Tosses 3 State Charges Against Man Who Attacked Nancy Pelosi's Husband
Prosecutors, Defense Deliver Opening Statements in State Trial of Man Who Attacked Nancy Pelosi's Husband
Paul Pelosi's Attacker Apologizes at Resentencing, but Prison Term Is Unchanged
DePape Faces New State Charges, Defense Argues Double Jeopardy
Federal Judge Orders New Sentencing Hearing for David DePape in Trial Over Pelosi Attack
David DePape Sentenced to 30 Years in Federal Prison for Attack on Nancy Pelosi's Husband
Prosecutors to Push for Terrorism Enhancement in Sentencing of David DePape, Who Bludgeoned Paul Pelosi in 2022
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He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. His \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">reporting\u003c/a> on police killings of people in psychiatric crisis was cited in amicus briefs before the U.S. Supreme Court.\r\n\r\nAlex now enjoys mentoring the next generation of journalists at KQED.","avatar":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twitter":"SFNewsReporter","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"mindshift","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["administrator"]}],"headData":{"title":"Alex Emslie | KQED","description":"KQED Senior Editor","ogImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/aemslie"},"ahall":{"type":"authors","id":"11490","meta":{"index":"authors_1716337520","id":"11490","found":true},"name":"Alex Hall","firstName":"Alex","lastName":"Hall","slug":"ahall","email":"ahall@kqed.org","display_author_email":false,"staff_mastheads":["news"],"title":"KQED Enterprise & Accountability Reporter","bio":"Alex Hall is KQED's Enterprise and Accountability Reporter. She previously covered the Central Valley for five years from KQED's bureau in Fresno. Before joining KQED, Alex was an investigative reporting fellow at Wisconsin Public Radio and the Wisconsin Center for Investigative Journalism. She has also worked as a bilingual producer for NPR's investigative unit and freelance video producer for Reuters TV on the Latin America desk. She got her start in journalism in South America, where she worked as a radio producer and Spanish-English translator for CNN Chile. Her documentary and investigation into the series of deadly COVID-19 outbreaks at Foster Farms won a national Edward R. Murrow award and was named an Investigative Reporters & Editors award finalist. Alex's reporting for Reveal on the Wisconsin dairy industry's reliance on undocumented immigrant labor was made into a film, Los Lecheros, which won a regional Edward R. Murrow award for best news documentary.","avatar":"https://secure.gravatar.com/avatar/defcbeb88b0bf591ff9af41f22644051?s=600&d=blank&r=g","twitter":"@chalexhall","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]}],"headData":{"title":"Alex Hall | KQED","description":"KQED Enterprise & Accountability Reporter","ogImgSrc":"https://secure.gravatar.com/avatar/defcbeb88b0bf591ff9af41f22644051?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/defcbeb88b0bf591ff9af41f22644051?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/ahall"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11991336":{"type":"posts","id":"news_11991336","meta":{"index":"posts_1716263798","site":"news","id":"11991336","score":null,"sort":[1719014725000]},"guestAuthors":[],"slug":"jury-finds-man-who-attacked-paul-pelosi-with-hammer-guilty-in-state-trial","title":"Jury Finds Man Who Attacked Paul Pelosi With Hammer Guilty in State Trial","publishDate":1719014725,"format":"standard","headTitle":"Jury Finds Man Who Attacked Paul Pelosi With Hammer Guilty in State Trial | KQED","labelTerm":{"site":"news"},"content":"\u003cp>A San Francisco jury found \u003ca href=\"https://www.kqed.org/news/tag/david-depape\">David Wayne DePape\u003c/a> guilty on five felony counts related to the 2022 attack inside the home of then-House Speaker Nancy Pelosi and her husband, Paul Pelosi.\u003c/p>\n\u003cp>As the verdict was read Friday, DePape showed little visible reaction other than to speak with his attorney.\u003c/p>\n\u003cp>The jury deliberated for just over two days, beginning on Tuesday before taking off Wednesday for the Juneteenth holiday. Jurors restarted their deliberations on Thursday morning and reached the verdict around 4 p.m. Friday.\u003c/p>\n\u003cp>DePape, 44, faces up to life without the possibility of parole.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>DePape was \u003ca href=\"https://www.kqed.org/news/11986718/david-depape-sentenced-to-30-years-in-federal-prison-for-attack-on-nancy-pelosis-husband\">sentenced to 30 years in prison\u003c/a> last month after \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">a federal jury found him guilty in November\u003c/a> of one count of attempted kidnapping of a federal officer and one count of assault on the immediate family member of a federal official. After serving his sentence, he will likely be deported back to his native Canada.\u003c/p>\n\u003cp>Through evidence and testimony, prosecutors alleged DePape traveled from the East Bay to the Pelosis’ San Francisco home after 2 a.m. on Oct. 28, 2022, with the intent of interrogating Nancy Pelosi regarding Russiagate, a debunked conspiracy theory regarding the investigations into Russia’s meddling in U.S. elections.\u003c/p>\n\u003cp>Among the supplies he brought with him, DePape had a sledgehammer and GoPro cameras that prosecutors allege were to be used to maim the House speaker on camera to make a video for YouTube, where DePape was allegedly radicalized by conspiracy theory videos.\u003c/p>\n\u003cp>“He wanted to break her kneecaps so she would be wheeled onto the floor of Congress. So people would know there are consequences,” Assistant District Attorney Phoebe Maffei said in her closing arguments on Tuesday. “This case is unusual.”\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='david-depape']\u003c/p>\n\u003cp>Prosecutors showed jurors security camera footage from the Pelosis’ home, which showed DePape smash out a glass patio door before forcing his way through a wooden one. They heard the 911 call Paul Pelosi made from his bedroom bathroom, where he calmly said there was someone in his home with him and that person wanted him to get off the phone.\u003c/p>\n\u003cp>Jurors also saw body camera footage of two Capitol Police officers approaching the Pelosis’ front door in response to that 911 call, finding Paul Pelosi standing next to DePape, both gripping a handle. When commanded to put the hammer down, DePape replied, “Nope,” before swinging the hammer multiple times at Pelosi, \u003ca href=\"https://www.kqed.org/news/11930397/nancy-pelosis-husband-assaulted-in-san-francisco-break-in\">fracturing his skull\u003c/a>.\u003c/p>\n\u003cp>DePape’s public defenders admitted he was guilty of several of the charged felonies, including first-degree residential burglary and dissuading a witness.\u003c/p>\n\u003cp>But San Francisco Public Defender Adam Lipson argued the state failed to prove DePape guilty of kidnapping because there was nothing of value to be gained from Paul Pelosi, 82.\u003c/p>\n\u003cp>“It’s really unfortunate it was charged this way,” Lipson said. “It was sort of a textbook vindictive prosecution. As soon as they found out that the attempted murder charge was going to be dismissed, they added this [kidnapping] charge.”\u003c/p>\n\u003cp>Maffei countered that a video of the House speaker confessing in her own home to alleged crimes against the American people would have great value.\u003c/p>\n\u003cp>DePape told investigators his other targets included actor Tom Hanks, former Vice President Mike Pence, a professor in San Francisco and his ex-wife, Gypsy Taub, whom the judge \u003ca href=\"https://www.kqed.org/news/11990966/state-case-against-man-who-attacked-nancy-pelosis-husband-is-in-jurys-hands\">barred from the proceedings \u003c/a>for allegedly attempting to intimidate the jury.\u003c/p>\n\u003cp>Dorfman ordered Taub to stay away from the second floor of the Hall of Justice, where the trial was held after graffiti was discovered in a women’s restroom. That graffiti was the address to a website Taub said she established to cast doubt on the state’s case against DePape.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"As the verdict was read, David DePape showed little visible reaction other than to speak with his attorney. ","status":"publish","parent":0,"modified":1719019709,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":636},"headData":{"title":"Jury Finds Man Who Attacked Paul Pelosi With Hammer Guilty in State Trial | KQED","description":"As the verdict was read, David DePape showed little visible reaction other than to speak with his attorney. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Jury Finds Man Who Attacked Paul Pelosi With Hammer Guilty in State Trial","datePublished":"2024-06-21T17:05:25-07:00","dateModified":"2024-06-21T18:28:29-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"Brian Krans","nprStoryId":"kqed-11991336","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11991336/jury-finds-man-who-attacked-paul-pelosi-with-hammer-guilty-in-state-trial","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A San Francisco jury found \u003ca href=\"https://www.kqed.org/news/tag/david-depape\">David Wayne DePape\u003c/a> guilty on five felony counts related to the 2022 attack inside the home of then-House Speaker Nancy Pelosi and her husband, Paul Pelosi.\u003c/p>\n\u003cp>As the verdict was read Friday, DePape showed little visible reaction other than to speak with his attorney.\u003c/p>\n\u003cp>The jury deliberated for just over two days, beginning on Tuesday before taking off Wednesday for the Juneteenth holiday. Jurors restarted their deliberations on Thursday morning and reached the verdict around 4 p.m. Friday.\u003c/p>\n\u003cp>DePape, 44, faces up to life without the possibility of parole.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>DePape was \u003ca href=\"https://www.kqed.org/news/11986718/david-depape-sentenced-to-30-years-in-federal-prison-for-attack-on-nancy-pelosis-husband\">sentenced to 30 years in prison\u003c/a> last month after \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">a federal jury found him guilty in November\u003c/a> of one count of attempted kidnapping of a federal officer and one count of assault on the immediate family member of a federal official. After serving his sentence, he will likely be deported back to his native Canada.\u003c/p>\n\u003cp>Through evidence and testimony, prosecutors alleged DePape traveled from the East Bay to the Pelosis’ San Francisco home after 2 a.m. on Oct. 28, 2022, with the intent of interrogating Nancy Pelosi regarding Russiagate, a debunked conspiracy theory regarding the investigations into Russia’s meddling in U.S. elections.\u003c/p>\n\u003cp>Among the supplies he brought with him, DePape had a sledgehammer and GoPro cameras that prosecutors allege were to be used to maim the House speaker on camera to make a video for YouTube, where DePape was allegedly radicalized by conspiracy theory videos.\u003c/p>\n\u003cp>“He wanted to break her kneecaps so she would be wheeled onto the floor of Congress. So people would know there are consequences,” Assistant District Attorney Phoebe Maffei said in her closing arguments on Tuesday. “This case is unusual.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"david-depape"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Prosecutors showed jurors security camera footage from the Pelosis’ home, which showed DePape smash out a glass patio door before forcing his way through a wooden one. They heard the 911 call Paul Pelosi made from his bedroom bathroom, where he calmly said there was someone in his home with him and that person wanted him to get off the phone.\u003c/p>\n\u003cp>Jurors also saw body camera footage of two Capitol Police officers approaching the Pelosis’ front door in response to that 911 call, finding Paul Pelosi standing next to DePape, both gripping a handle. When commanded to put the hammer down, DePape replied, “Nope,” before swinging the hammer multiple times at Pelosi, \u003ca href=\"https://www.kqed.org/news/11930397/nancy-pelosis-husband-assaulted-in-san-francisco-break-in\">fracturing his skull\u003c/a>.\u003c/p>\n\u003cp>DePape’s public defenders admitted he was guilty of several of the charged felonies, including first-degree residential burglary and dissuading a witness.\u003c/p>\n\u003cp>But San Francisco Public Defender Adam Lipson argued the state failed to prove DePape guilty of kidnapping because there was nothing of value to be gained from Paul Pelosi, 82.\u003c/p>\n\u003cp>“It’s really unfortunate it was charged this way,” Lipson said. “It was sort of a textbook vindictive prosecution. As soon as they found out that the attempted murder charge was going to be dismissed, they added this [kidnapping] charge.”\u003c/p>\n\u003cp>Maffei countered that a video of the House speaker confessing in her own home to alleged crimes against the American people would have great value.\u003c/p>\n\u003cp>DePape told investigators his other targets included actor Tom Hanks, former Vice President Mike Pence, a professor in San Francisco and his ex-wife, Gypsy Taub, whom the judge \u003ca href=\"https://www.kqed.org/news/11990966/state-case-against-man-who-attacked-nancy-pelosis-husband-is-in-jurys-hands\">barred from the proceedings \u003c/a>for allegedly attempting to intimidate the jury.\u003c/p>\n\u003cp>Dorfman ordered Taub to stay away from the second floor of the Hall of Justice, where the trial was held after graffiti was discovered in a women’s restroom. That graffiti was the address to a website Taub said she established to cast doubt on the state’s case against DePape.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11991336/jury-finds-man-who-attacked-paul-pelosi-with-hammer-guilty-in-state-trial","authors":["byline_news_11991336"],"categories":["news_34167","news_8"],"tags":["news_17626","news_31923","news_27626","news_177","news_31916","news_17968","news_34170","news_38"],"featImg":"news_11991563","label":"news"},"news_11990966":{"type":"posts","id":"news_11990966","meta":{"index":"posts_1716263798","site":"news","id":"11990966","score":null,"sort":[1718749267000]},"guestAuthors":[],"slug":"state-case-against-man-who-attacked-nancy-pelosis-husband-is-in-jurys-hands","title":"Ex-Wife of Man Who Attacked Paul Pelosi Is Barred From Court as Jury Deliberates","publishDate":1718749267,"format":"standard","headTitle":"Ex-Wife of Man Who Attacked Paul Pelosi Is Barred From Court as Jury Deliberates | KQED","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated 5:50 p.m. Tuesday\u003c/em>\u003c/p>\n\u003cp>The state charges against \u003ca href=\"https://www.kqed.org/news/tag/david-depape\">David DePape\u003c/a>, who is on trial for a second time for breaking into the home of former House Speaker Nancy Pelosi and attacking her husband, are now in the hands of 12 jurors.\u003c/p>\n\u003cp>But before the defense could give its closing arguments on Tuesday, Judge Harry Dorfman barred Gypsy Taub, DePape’s ex-wife, from attending the proceedings or even being on the second floor of the San Francisco courthouse where lawyers, reporters and the jury gathered outside the courtroom.\u003c/p>\n\u003cp>“It’s rare that I order someone excluded from the courtroom,” Dorfman said. “The line for me is when a member of the public attempts to influence a member of the jury.”\u003c/p>\n\u003cp>Prior to Dorfman’s order, graffiti was found in the women’s bathroom nearest the courtroom, which contained a website address DePape’s family set up last year, proclaiming his innocence. On Monday, Taub handed out printed pieces of paper with the link to the website, as well as her phone number and email address. She even told reporters she was running the site to cast doubt on the state’s evidence in the case.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Starting at noon Tuesday, the jury began deliberating DePape’s fate on five charges: burglary, felony false imprisonment of an elder, threatening a public official, kidnapping and intimidating a witness. Dorfman \u003ca href=\"https://www.kqed.org/news/11989279/sf-judge-tosses-3-state-charges-against-man-who-attacked-nancy-pelosis-husband\">dismissed three other charges \u003c/a>— attempted murder, assault with a deadly weapon and elder abuse — after the defense successfully argued DePape had already been tried for those crimes in federal court, where he was convicted and \u003ca href=\"https://www.kqed.org/news/11987892/paul-pelosis-attacker-apologizes-at-resentencing-but-prison-term-is-unchanged\">sentenced last month to 30 years in prison\u003c/a>.\u003c/p>\n\u003cp>In their closing arguments, both the prosecution and defense painted DePape, 44, as someone who went too far down the rabbit hole of YouTube conspiracy theories, leaving him to believe the government to be corrupt and that Hollywood was tied up in a large pedophile ring. Taub, who has also embraced conspiracy theories, heavily influenced his actions and “inflicted immeasurable harm to his mental state,” DePape’s defense had argued in federal court.\u003c/p>\n\u003cp>Led by his belief in those theories, DePape went to the Pelosis’ San Francisco home after 2 a.m. on Oct. 28, 2022, in search of the House speaker. He used a hammer to smash in the downstairs patio door and his 6-foot-4, 300-pound body to push open a heavy wood door, bursting through the doors of the couple’s third-floor bedroom where only Paul Pelosi was asleep, according to court testimony.\u003c/p>\n\u003cfigure id=\"attachment_11990965\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11990965\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9675-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9675-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9675-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9675-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9675-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9675-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9675-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Public defender Adam Lipson gives his closing arguments in the state trial of David DePape in San Francisco Superior Court on June 18, 2024. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Where’s Nancy?” Paul Pelosi testified that DePape said.\u003c/p>\n\u003cp>Prosecutors again played the 911 call Paul Pelosi made over the speaker phone in their bedroom bathroom, with Assistant District Attorney Phoebe Maffei telling the jury it would make more sense now that they had all the details of those early morning hours.\u003c/p>\n\u003cp>“My name is David,” DePape said on the call.\u003c/p>\n\u003cp>“Who is David?” the 911 operator said.\u003c/p>\n\u003cp>“I don’t know,” Paul Pelosi said. “He says he’s a friend, but he’s not.”\u003c/p>\n\u003cp>Prosecutors repeatedly played body camera video from two Capitol Police officers who responded to the home following Paul Pelosi’s call to 911 to find him and DePape standing next to each other, trying to gain control of a claw hammer in DePape’s hands.\u003c/p>\n\u003cp>“Drop the hammer,” one officer said.\u003c/p>\n\u003cp>“Nope,” DePape replied before striking Pelosi multiple times.\u003c/p>\n\u003cp>Jurors heard from investigators and received transcripts of DePape’s testimony from his federal trial, where a \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">jury found him guilty in November\u003c/a>.\u003c/p>\n\u003cp>Maffei said DePape spent months planning a “rampage” with a list of targets and showed up to the Pelosi home “prepared for a lengthy standoff.” DePape wanted to confront Pelosi and interrogate her about “Russiagate,” an online conspiracy theory regarding the investigation into Russian interference in U.S. elections.\u003c/p>\n\u003cp>DePape brought a sledgehammer to then-Speaker Nancy Pelosi’s home with one purpose, Maffei said: “He wanted to break her kneecaps, so she would be wheeled onto the floor of Congress. So people would know there are consequences.”[aside postID=news_11989279 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9258_qut-1020x574.jpg']DePape also had two GoPro cameras with him, “so his hands could be free while he maimed her and filmed her,” which he could then post online, acting as fodder for people like him researching conspiracy theories, Maffei said.\u003c/p>\n\u003cp>In his closing, San Francisco Public Defender Adam Lipson told the jury that DePape was guilty of a few of the charges, including first-degree residential burglary and dissuading a witness, and guilty of at least attempting to falsely imprison Paul Pelosi.\u003c/p>\n\u003cp>At issue, at least to the defense, was the charge of threatening the family of a public official. Lipson argued that the threats DePape issued to Paul Pelosi — like saying he couldn’t stop him from going onto his next targets — had nothing to do with his wife’s position in government.\u003c/p>\n\u003cp>“It had nothing to do with Nancy Pelosi or her official duties,” Lipson said. “They don’t have the intent in this case.”\u003c/p>\n\u003cp>Lipson also argued that DePape wasn’t holding Paul Pelosi hostage to get something from his wife, claiming the video he wanted to make of Pelosi confessing to lies he said she had told about Russiagate wasn’t a thing of value.\u003c/p>\n\u003cp>In her rebuttal, Maffei said there was great value to someone who said he was “impassioned about the lies coming out of Washington, D.C.” in getting the speaker of the House to admit to crimes in her own home.\u003c/p>\n\u003cfigure id=\"attachment_11990952\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11990952\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9672-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9672-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9672-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9672-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9672-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9672-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9672-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A courtroom sketch depicts Gypsy Taub being escorted out of the courtroom in the state trial of David DePape in San Francisco Superior Court on June 18, 2024. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“This plan all along had been to get to Nancy Pelosi,” Maffei said. “He fully expected to be knocking out her kneecaps to get the confession he wanted. That makes clear the value of the video he wanted to make.”\u003c/p>\n\u003cp>Maffei said the evidence presented at trial showed DePape’s plan wasn’t a good one, but it was a “thoroughly thought-through plan” that included targeting Pelosi, actor Tom Hanks, former Vice President Mike Pence, a professor in San Francisco and even Taub, his ex-wife.\u003c/p>\n\u003cp>On Monday, Taub told KQED that she and DePape had been divorced for nine years, and DePape had been living in friend’s garages while working odd jobs.\u003c/p>\n\u003cp>Before being banned from the second floor of the Hall of Justice, Taub — who is known around the Bay Area for her \u003ca href=\"https://www.kqed.org/news/80769/live-at-2-p-m-san-francisco-supervisors-consider-nudity-ban-tiny-apartments\">nudist protests at City Hall\u003c/a> — danced in the courthouse hallway, twirling in circles with headphones in her ears.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"During closing arguments, the San Francisco judge in the case barred the ex-wife of David DePape from court, citing attempts to sway the jury.","status":"publish","parent":0,"modified":1718758536,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":30,"wordCount":1224},"headData":{"title":"Ex-Wife of Man Who Attacked Paul Pelosi Is Barred From Court as Jury Deliberates | KQED","description":"During closing arguments, the San Francisco judge in the case barred the ex-wife of David DePape from court, citing attempts to sway the jury.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Ex-Wife of Man Who Attacked Paul Pelosi Is Barred From Court as Jury Deliberates","datePublished":"2024-06-18T15:21:07-07:00","dateModified":"2024-06-18T17:55:36-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"Brian Krans","nprStoryId":"kqed-11990966","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11990966/state-case-against-man-who-attacked-nancy-pelosis-husband-is-in-jurys-hands","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 5:50 p.m. Tuesday\u003c/em>\u003c/p>\n\u003cp>The state charges against \u003ca href=\"https://www.kqed.org/news/tag/david-depape\">David DePape\u003c/a>, who is on trial for a second time for breaking into the home of former House Speaker Nancy Pelosi and attacking her husband, are now in the hands of 12 jurors.\u003c/p>\n\u003cp>But before the defense could give its closing arguments on Tuesday, Judge Harry Dorfman barred Gypsy Taub, DePape’s ex-wife, from attending the proceedings or even being on the second floor of the San Francisco courthouse where lawyers, reporters and the jury gathered outside the courtroom.\u003c/p>\n\u003cp>“It’s rare that I order someone excluded from the courtroom,” Dorfman said. “The line for me is when a member of the public attempts to influence a member of the jury.”\u003c/p>\n\u003cp>Prior to Dorfman’s order, graffiti was found in the women’s bathroom nearest the courtroom, which contained a website address DePape’s family set up last year, proclaiming his innocence. On Monday, Taub handed out printed pieces of paper with the link to the website, as well as her phone number and email address. She even told reporters she was running the site to cast doubt on the state’s evidence in the case.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Starting at noon Tuesday, the jury began deliberating DePape’s fate on five charges: burglary, felony false imprisonment of an elder, threatening a public official, kidnapping and intimidating a witness. Dorfman \u003ca href=\"https://www.kqed.org/news/11989279/sf-judge-tosses-3-state-charges-against-man-who-attacked-nancy-pelosis-husband\">dismissed three other charges \u003c/a>— attempted murder, assault with a deadly weapon and elder abuse — after the defense successfully argued DePape had already been tried for those crimes in federal court, where he was convicted and \u003ca href=\"https://www.kqed.org/news/11987892/paul-pelosis-attacker-apologizes-at-resentencing-but-prison-term-is-unchanged\">sentenced last month to 30 years in prison\u003c/a>.\u003c/p>\n\u003cp>In their closing arguments, both the prosecution and defense painted DePape, 44, as someone who went too far down the rabbit hole of YouTube conspiracy theories, leaving him to believe the government to be corrupt and that Hollywood was tied up in a large pedophile ring. Taub, who has also embraced conspiracy theories, heavily influenced his actions and “inflicted immeasurable harm to his mental state,” DePape’s defense had argued in federal court.\u003c/p>\n\u003cp>Led by his belief in those theories, DePape went to the Pelosis’ San Francisco home after 2 a.m. on Oct. 28, 2022, in search of the House speaker. He used a hammer to smash in the downstairs patio door and his 6-foot-4, 300-pound body to push open a heavy wood door, bursting through the doors of the couple’s third-floor bedroom where only Paul Pelosi was asleep, according to court testimony.\u003c/p>\n\u003cfigure id=\"attachment_11990965\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11990965\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9675-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9675-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9675-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9675-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9675-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9675-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9675-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Public defender Adam Lipson gives his closing arguments in the state trial of David DePape in San Francisco Superior Court on June 18, 2024. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Where’s Nancy?” Paul Pelosi testified that DePape said.\u003c/p>\n\u003cp>Prosecutors again played the 911 call Paul Pelosi made over the speaker phone in their bedroom bathroom, with Assistant District Attorney Phoebe Maffei telling the jury it would make more sense now that they had all the details of those early morning hours.\u003c/p>\n\u003cp>“My name is David,” DePape said on the call.\u003c/p>\n\u003cp>“Who is David?” the 911 operator said.\u003c/p>\n\u003cp>“I don’t know,” Paul Pelosi said. “He says he’s a friend, but he’s not.”\u003c/p>\n\u003cp>Prosecutors repeatedly played body camera video from two Capitol Police officers who responded to the home following Paul Pelosi’s call to 911 to find him and DePape standing next to each other, trying to gain control of a claw hammer in DePape’s hands.\u003c/p>\n\u003cp>“Drop the hammer,” one officer said.\u003c/p>\n\u003cp>“Nope,” DePape replied before striking Pelosi multiple times.\u003c/p>\n\u003cp>Jurors heard from investigators and received transcripts of DePape’s testimony from his federal trial, where a \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">jury found him guilty in November\u003c/a>.\u003c/p>\n\u003cp>Maffei said DePape spent months planning a “rampage” with a list of targets and showed up to the Pelosi home “prepared for a lengthy standoff.” DePape wanted to confront Pelosi and interrogate her about “Russiagate,” an online conspiracy theory regarding the investigation into Russian interference in U.S. elections.\u003c/p>\n\u003cp>DePape brought a sledgehammer to then-Speaker Nancy Pelosi’s home with one purpose, Maffei said: “He wanted to break her kneecaps, so she would be wheeled onto the floor of Congress. So people would know there are consequences.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11989279","hero":"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9258_qut-1020x574.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>DePape also had two GoPro cameras with him, “so his hands could be free while he maimed her and filmed her,” which he could then post online, acting as fodder for people like him researching conspiracy theories, Maffei said.\u003c/p>\n\u003cp>In his closing, San Francisco Public Defender Adam Lipson told the jury that DePape was guilty of a few of the charges, including first-degree residential burglary and dissuading a witness, and guilty of at least attempting to falsely imprison Paul Pelosi.\u003c/p>\n\u003cp>At issue, at least to the defense, was the charge of threatening the family of a public official. Lipson argued that the threats DePape issued to Paul Pelosi — like saying he couldn’t stop him from going onto his next targets — had nothing to do with his wife’s position in government.\u003c/p>\n\u003cp>“It had nothing to do with Nancy Pelosi or her official duties,” Lipson said. “They don’t have the intent in this case.”\u003c/p>\n\u003cp>Lipson also argued that DePape wasn’t holding Paul Pelosi hostage to get something from his wife, claiming the video he wanted to make of Pelosi confessing to lies he said she had told about Russiagate wasn’t a thing of value.\u003c/p>\n\u003cp>In her rebuttal, Maffei said there was great value to someone who said he was “impassioned about the lies coming out of Washington, D.C.” in getting the speaker of the House to admit to crimes in her own home.\u003c/p>\n\u003cfigure id=\"attachment_11990952\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11990952\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9672-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9672-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9672-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9672-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9672-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9672-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/IMG_9672-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A courtroom sketch depicts Gypsy Taub being escorted out of the courtroom in the state trial of David DePape in San Francisco Superior Court on June 18, 2024. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“This plan all along had been to get to Nancy Pelosi,” Maffei said. “He fully expected to be knocking out her kneecaps to get the confession he wanted. That makes clear the value of the video he wanted to make.”\u003c/p>\n\u003cp>Maffei said the evidence presented at trial showed DePape’s plan wasn’t a good one, but it was a “thoroughly thought-through plan” that included targeting Pelosi, actor Tom Hanks, former Vice President Mike Pence, a professor in San Francisco and even Taub, his ex-wife.\u003c/p>\n\u003cp>On Monday, Taub told KQED that she and DePape had been divorced for nine years, and DePape had been living in friend’s garages while working odd jobs.\u003c/p>\n\u003cp>Before being banned from the second floor of the Hall of Justice, Taub — who is known around the Bay Area for her \u003ca href=\"https://www.kqed.org/news/80769/live-at-2-p-m-san-francisco-supervisors-consider-nudity-ban-tiny-apartments\">nudist protests at City Hall\u003c/a> — danced in the courthouse hallway, twirling in circles with headphones in her ears.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11990966/state-case-against-man-who-attacked-nancy-pelosis-husband-is-in-jurys-hands","authors":["byline_news_11990966"],"categories":["news_8","news_13"],"tags":["news_18012","news_17626","news_17725","news_31923","news_177","news_31916","news_31922","news_17968","news_34170","news_38"],"featImg":"news_11990992","label":"news"},"news_11989279":{"type":"posts","id":"news_11989279","meta":{"index":"posts_1716263798","site":"news","id":"11989279","score":null,"sort":[1717716646000]},"guestAuthors":[],"slug":"sf-judge-tosses-3-state-charges-against-man-who-attacked-nancy-pelosis-husband","title":"SF Judge Tosses 3 State Charges Against Man Who Attacked Nancy Pelosi's Husband","publishDate":1717716646,"format":"standard","headTitle":"SF Judge Tosses 3 State Charges Against Man Who Attacked Nancy Pelosi’s Husband | KQED","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated 4:30 p.m. Thursday \u003c/em>\u003c/p>\n\u003cp>The judge presiding over the state trial of David DePape, the man who violently attacked former House speaker Nancy Pelosi’s husband in 2022, dismissed multiple charges Thursday, dramatically upending the trial schedule and altering the course of a case that was expected to be a routine repeat of DePape’s federal prosecution.\u003c/p>\n\u003cp>Shortly after 11 a.m., Judge Harry Dorfman granted some of the \u003ca href=\"https://www.kqed.org/news/11987752/depape-faces-new-state-charges-defense-argues-double-jeopardy\">defense’s double-jeopardy arguments\u003c/a> and tossed out charges of attempted murder, assault with a deadly weapon and elder abuse on the grounds that DePape has already been convicted for those acts in federal court. \u003c/p>\n\u003cp>“This is all one event,” Dorfman said at a San Francisco hearing Thursday. “A sober look at the evidence is – same place, same time, same act.”\u003c/p>\n\u003cp>The trial is now on hold for at least a week while attorneys await a response from the California Court of Appeal on each party’s request to challenge the ruling. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>DePape’s defense attorneys were expected to begin presenting their case Friday after the prosecution rested Tuesday. But as soon as Dorfman announced his ruling Thursday, assistant district attorney Sean Connolly requested a stay of the proceedings while attorneys requested relief from the higher court. \u003c/p>\n\u003cp>DePape’s attorneys now say they no longer plan to call at least one witness, Dr. Laeeq Evered, a mental health expert. Attorneys have not yet decided whether DePape will testify, assistant public defender Adam Lipson told the judge. \u003c/p>\n\u003cp>Jurors are expected back in court June 14. Depending on how the state appellate court responds, the trial could be delayed even further. \u003c/p>\n\u003cp>Dorfman denied the defense’s request to dismiss two additional counts – first degree burglary and aggravated kidnapping – along with the rest of the charges. The defense plans to appeal the judge’s decision on the aggravated kidnapping charge, which carries a life sentence without the possibility of parole. \u003c/p>\n\u003cp>DePape, 44, still faces other state charges, including false imprisonment of an elder, threatening the family member of a public official and preventing or dissuading a witness by force or threat. \u003c/p>\n\u003cp>DePape was convicted in federal court in November of attempting to kidnap former House speaker Nancy Pelosi and assaulting her husband during a late-night home-invasion at the couple’s San Francisco home on Oct. 28, 2022. \u003c/p>\n\u003cp>[aside label='Related Coverage' tag='david-depape']Police body cam footage captured the graphic scene of DePape swinging a hammer at Paul Pelosi’s head right in front of San Francisco police officers who were responding to a 911 call Pelosi had managed to make from his bathroom. \u003c/p>\n\u003cp>DePape was \u003ca href=\"https://www.kqed.org/news/11987892/paul-pelosis-attacker-apologizes-at-resentencing-but-prison-term-is-unchanged\">sentenced to 30 years in federal prison\u003c/a> at a U.S. District Court hearing on May 28. The next day, his \u003ca href=\"https://www.kqed.org/news/11988131/prosecutors-defense-deliver-opening-statements-in-state-trial-of-man-who-attacked-paul-pelosi\">state trial in San Francisco Superior Court\u003c/a> began. \u003c/p>\n\u003cp>DePape’s attorneys moved to dismiss multiple charges last month, arguing that his \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">conviction in federal court\u003c/a> precludes prosecution for certain acts in state court because of California protections against double jeopardy. \u003c/p>\n\u003cp>In their May 21 motion, defense attorneys cite two sections of the California penal code, one that makes a prior conviction a defense to a new charge stemming from the same acts and another that bars prosecution after a conviction in another court system. \u003c/p>\n\u003cp>Because DePape was already convicted of assault and attempted kidnapping in federal court, California law bars his prosecution in state court for the same acts, they argued. \u003c/p>\n\u003cp>“DePape’s federal convictions were based on precisely the same conduct that is charged in Counts I to IV: breaking into the Speaker’s home and striking Mr. Pelosi on the head with a hammer,” attorneys wrote. “Because DePape has now been convicted for those acts,” those sections of the law, “bar a retrial.” \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>They went on: “DePape’s assault on Mr Pelosi with a hammer was an act of violence that shocked our country. So was his forced entry into the Pelosis’ home. The United States has tried, convicted and severely punished DePape for those crimes. California law does not permit a second trial for the same conduct.”\u003c/p>\n\n","blocks":[],"excerpt":"The judge dismissed charges of attempted murder, assault with a deadly weapon and elder abuse on the grounds that David DePape was convicted for those acts in federal court.","status":"publish","parent":0,"modified":1718123352,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":710},"headData":{"title":"SF Judge Tosses 3 State Charges Against Man Who Attacked Nancy Pelosi's Husband | KQED","description":"The judge dismissed charges of attempted murder, assault with a deadly weapon and elder abuse on the grounds that David DePape was convicted for those acts in federal court.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"SF Judge Tosses 3 State Charges Against Man Who Attacked Nancy Pelosi's Husband","datePublished":"2024-06-06T16:30:46-07:00","dateModified":"2024-06-11T09:29:12-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprStoryId":"kqed-11989279","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11989279/sf-judge-tosses-3-state-charges-against-man-who-attacked-nancy-pelosis-husband","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 4:30 p.m. Thursday \u003c/em>\u003c/p>\n\u003cp>The judge presiding over the state trial of David DePape, the man who violently attacked former House speaker Nancy Pelosi’s husband in 2022, dismissed multiple charges Thursday, dramatically upending the trial schedule and altering the course of a case that was expected to be a routine repeat of DePape’s federal prosecution.\u003c/p>\n\u003cp>Shortly after 11 a.m., Judge Harry Dorfman granted some of the \u003ca href=\"https://www.kqed.org/news/11987752/depape-faces-new-state-charges-defense-argues-double-jeopardy\">defense’s double-jeopardy arguments\u003c/a> and tossed out charges of attempted murder, assault with a deadly weapon and elder abuse on the grounds that DePape has already been convicted for those acts in federal court. \u003c/p>\n\u003cp>“This is all one event,” Dorfman said at a San Francisco hearing Thursday. “A sober look at the evidence is – same place, same time, same act.”\u003c/p>\n\u003cp>The trial is now on hold for at least a week while attorneys await a response from the California Court of Appeal on each party’s request to challenge the ruling. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>DePape’s defense attorneys were expected to begin presenting their case Friday after the prosecution rested Tuesday. But as soon as Dorfman announced his ruling Thursday, assistant district attorney Sean Connolly requested a stay of the proceedings while attorneys requested relief from the higher court. \u003c/p>\n\u003cp>DePape’s attorneys now say they no longer plan to call at least one witness, Dr. Laeeq Evered, a mental health expert. Attorneys have not yet decided whether DePape will testify, assistant public defender Adam Lipson told the judge. \u003c/p>\n\u003cp>Jurors are expected back in court June 14. Depending on how the state appellate court responds, the trial could be delayed even further. \u003c/p>\n\u003cp>Dorfman denied the defense’s request to dismiss two additional counts – first degree burglary and aggravated kidnapping – along with the rest of the charges. The defense plans to appeal the judge’s decision on the aggravated kidnapping charge, which carries a life sentence without the possibility of parole. \u003c/p>\n\u003cp>DePape, 44, still faces other state charges, including false imprisonment of an elder, threatening the family member of a public official and preventing or dissuading a witness by force or threat. \u003c/p>\n\u003cp>DePape was convicted in federal court in November of attempting to kidnap former House speaker Nancy Pelosi and assaulting her husband during a late-night home-invasion at the couple’s San Francisco home on Oct. 28, 2022. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"david-depape"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Police body cam footage captured the graphic scene of DePape swinging a hammer at Paul Pelosi’s head right in front of San Francisco police officers who were responding to a 911 call Pelosi had managed to make from his bathroom. \u003c/p>\n\u003cp>DePape was \u003ca href=\"https://www.kqed.org/news/11987892/paul-pelosis-attacker-apologizes-at-resentencing-but-prison-term-is-unchanged\">sentenced to 30 years in federal prison\u003c/a> at a U.S. District Court hearing on May 28. The next day, his \u003ca href=\"https://www.kqed.org/news/11988131/prosecutors-defense-deliver-opening-statements-in-state-trial-of-man-who-attacked-paul-pelosi\">state trial in San Francisco Superior Court\u003c/a> began. \u003c/p>\n\u003cp>DePape’s attorneys moved to dismiss multiple charges last month, arguing that his \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">conviction in federal court\u003c/a> precludes prosecution for certain acts in state court because of California protections against double jeopardy. \u003c/p>\n\u003cp>In their May 21 motion, defense attorneys cite two sections of the California penal code, one that makes a prior conviction a defense to a new charge stemming from the same acts and another that bars prosecution after a conviction in another court system. \u003c/p>\n\u003cp>Because DePape was already convicted of assault and attempted kidnapping in federal court, California law bars his prosecution in state court for the same acts, they argued. \u003c/p>\n\u003cp>“DePape’s federal convictions were based on precisely the same conduct that is charged in Counts I to IV: breaking into the Speaker’s home and striking Mr. Pelosi on the head with a hammer,” attorneys wrote. “Because DePape has now been convicted for those acts,” those sections of the law, “bar a retrial.” \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>They went on: “DePape’s assault on Mr Pelosi with a hammer was an act of violence that shocked our country. So was his forced entry into the Pelosis’ home. The United States has tried, convicted and severely punished DePape for those crimes. California law does not permit a second trial for the same conduct.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11989279/sf-judge-tosses-3-state-charges-against-man-who-attacked-nancy-pelosis-husband","authors":["11490"],"categories":["news_6188","news_8"],"tags":["news_17725","news_31923","news_27626","news_177","news_31916","news_38"],"featImg":"news_11989287","label":"news"},"news_11988131":{"type":"posts","id":"news_11988131","meta":{"index":"posts_1716263798","site":"news","id":"11988131","score":null,"sort":[1717024756000]},"guestAuthors":[],"slug":"prosecutors-defense-deliver-opening-statements-in-state-trial-of-man-who-attacked-paul-pelosi","title":"Prosecutors, Defense Deliver Opening Statements in State Trial of Man Who Attacked Nancy Pelosi's Husband","publishDate":1717024756,"format":"standard","headTitle":"Prosecutors, Defense Deliver Opening Statements in State Trial of Man Who Attacked Nancy Pelosi’s Husband | KQED","labelTerm":{"site":"news"},"content":"\u003cp>The judge presiding over the state trial of David DePape, the man who violently attacked former House speaker Nancy Pelosi’s husband in 2022, dismissed multiple charges Thursday, dramatically upending the trial schedule and altering the course of a case that was expected to be a routine repeat of DePape’s federal prosecution.\u003c/p>\n\u003cp>Shortly after 11 a.m., Judge Harry Dorfman granted some of the \u003ca href=\"https://www.kqed.org/news/11987752/depape-faces-new-state-charges-defense-argues-double-jeopardy\">defense’s double-jeopardy arguments\u003c/a>and tossed out charges of attempted murder, assault with a deadly weapon and elder abuse on the grounds that DePape has already been convicted for those acts in federal court. \u003c/p>\n\u003cp>“This is all one event,” Dorfman said at a San Francisco hearing Thursday. “A sober look at the evidence is – same place, same time, same act.”\u003c/p>\n\u003cp>The trial is now on hold for at least a week while attorneys await a response from the California Court of Appeal on each party’s request to challenge the ruling. \u003c/p>\n\u003cp>DePape’s defense attorneys were expected to begin presenting their case Friday after the prosecution rested Tuesday. But as soon as Dorfman announced his ruling Thursday, assistant district attorney Sean Connolly requested a stay of the proceedings while attorneys requested relief from the higher court. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>DePape’s attorneys now say they no longer plan to call at least one witness, Dr. Laeeq Evered, a mental health expert. Attorneys have not yet decided whether DePape will testify, assistant public defender Adam Lipson told the judge. \u003c/p>\n\u003cp>Jurors are expected back in court June 14. Depending on how the state appellate court responds, the trial could be delayed even further. \u003c/p>\n\u003cp>Dorfman denied the defense’s request to dismiss two additional counts – first degree burglary and aggravated kidnapping – along with the rest of the charges. The defense plans to appeal the judge’s decision on the aggravated kidnapping charge, which carries a life sentence without the possibility of parole. \u003c/p>\n\u003cp>DePape, 44, still faces other state charges, including false imprisonment of an elder, threatening the family member of a public official and preventing or dissuading a witness by force or threat. \u003c/p>\n\u003cp>DePape was convicted in federal court in November of attempting to kidnap former House speaker Nancy Pelosi and assaulting her husband during a late-night home-invasion at the couple’s San Francisco home on Oct. 28, 2022. \u003c/p>\n\u003cp>Police body cam footage captured the graphic scene of DePape swinging a hammer at Paul Pelosi’s head right in front of San Francisco police officers who were responding to a 911 call Pelosi had managed to make from his bathroom. \u003c/p>\n\u003cp>DePape was \u003ca href=\"https://www.kqed.org/news/11987892/paul-pelosis-attacker-apologizes-at-resentencing-but-prison-term-is-unchanged\">sentenced to 30 years in federal prison\u003c/a> at a U.S. District Court hearing on May 28. The next day, his \u003ca href=\"https://www.kqed.org/news/11988131/prosecutors-defense-deliver-opening-statements-in-state-trial-of-man-who-attacked-paul-pelosi\">state trial in San Francisco Superior Court\u003c/a> began. \u003c/p>\n\u003cp>DePape’s attorneys moved to dismiss multiple charges last month, arguing that his \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">conviction in federal court\u003c/a> precludes prosecution for certain acts in state court because of California protections against double jeopardy. \u003c/p>\n\u003cp>In their May 21 motion, defense attorneys cite two sections of the California penal code, one that makes a prior conviction a defense to a new charge stemming from the same acts and another that bars prosecution after a conviction in another court system. \u003c/p>\n\u003cp>Because DePape was already convicted of assault and attempted kidnapping in federal court, California law bars his prosecution in state court for the same acts, they argued. \u003c/p>\n\u003cp>“DePape’s federal convictions were based on precisely the same conduct that is charged in Counts I to IV: breaking into the Speaker’s home and striking Mr. Pelosi on the head with a hammer,” attorneys wrote. “Because DePape has now been convicted for those acts,” those sections of the law, “bar a retrial.” \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>They went on: “DePape’s assault on Mr Pelosi with a hammer was an act of violence that shocked our country. So was his forced entry into the Pelosis’ home. The United States has tried, convicted and severely punished DePape for those crimes. California law does not permit a second trial for the same conduct.” \u003c/p>\n\n","blocks":[],"excerpt":"David DePape was sentenced to 30 years in federal prison this week. He now faces multiple charges in California state court, including attempted murder, first-degree burglary, elder abuse and aggravated kidnapping.","status":"publish","parent":0,"modified":1718123316,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":696},"headData":{"title":"Prosecutors, Defense Deliver Opening Statements in State Trial of Man Who Attacked Nancy Pelosi's Husband | KQED","description":"David DePape was sentenced to 30 years in federal prison this week. He now faces multiple charges in California state court, including attempted murder, first-degree burglary, elder abuse and aggravated kidnapping.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Prosecutors, Defense Deliver Opening Statements in State Trial of Man Who Attacked Nancy Pelosi's Husband","datePublished":"2024-05-29T16:19:16-07:00","dateModified":"2024-06-11T09:28:36-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprStoryId":"kqed-11988131","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11988131/prosecutors-defense-deliver-opening-statements-in-state-trial-of-man-who-attacked-paul-pelosi","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The judge presiding over the state trial of David DePape, the man who violently attacked former House speaker Nancy Pelosi’s husband in 2022, dismissed multiple charges Thursday, dramatically upending the trial schedule and altering the course of a case that was expected to be a routine repeat of DePape’s federal prosecution.\u003c/p>\n\u003cp>Shortly after 11 a.m., Judge Harry Dorfman granted some of the \u003ca href=\"https://www.kqed.org/news/11987752/depape-faces-new-state-charges-defense-argues-double-jeopardy\">defense’s double-jeopardy arguments\u003c/a>and tossed out charges of attempted murder, assault with a deadly weapon and elder abuse on the grounds that DePape has already been convicted for those acts in federal court. \u003c/p>\n\u003cp>“This is all one event,” Dorfman said at a San Francisco hearing Thursday. “A sober look at the evidence is – same place, same time, same act.”\u003c/p>\n\u003cp>The trial is now on hold for at least a week while attorneys await a response from the California Court of Appeal on each party’s request to challenge the ruling. \u003c/p>\n\u003cp>DePape’s defense attorneys were expected to begin presenting their case Friday after the prosecution rested Tuesday. But as soon as Dorfman announced his ruling Thursday, assistant district attorney Sean Connolly requested a stay of the proceedings while attorneys requested relief from the higher court. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>DePape’s attorneys now say they no longer plan to call at least one witness, Dr. Laeeq Evered, a mental health expert. Attorneys have not yet decided whether DePape will testify, assistant public defender Adam Lipson told the judge. \u003c/p>\n\u003cp>Jurors are expected back in court June 14. Depending on how the state appellate court responds, the trial could be delayed even further. \u003c/p>\n\u003cp>Dorfman denied the defense’s request to dismiss two additional counts – first degree burglary and aggravated kidnapping – along with the rest of the charges. The defense plans to appeal the judge’s decision on the aggravated kidnapping charge, which carries a life sentence without the possibility of parole. \u003c/p>\n\u003cp>DePape, 44, still faces other state charges, including false imprisonment of an elder, threatening the family member of a public official and preventing or dissuading a witness by force or threat. \u003c/p>\n\u003cp>DePape was convicted in federal court in November of attempting to kidnap former House speaker Nancy Pelosi and assaulting her husband during a late-night home-invasion at the couple’s San Francisco home on Oct. 28, 2022. \u003c/p>\n\u003cp>Police body cam footage captured the graphic scene of DePape swinging a hammer at Paul Pelosi’s head right in front of San Francisco police officers who were responding to a 911 call Pelosi had managed to make from his bathroom. \u003c/p>\n\u003cp>DePape was \u003ca href=\"https://www.kqed.org/news/11987892/paul-pelosis-attacker-apologizes-at-resentencing-but-prison-term-is-unchanged\">sentenced to 30 years in federal prison\u003c/a> at a U.S. District Court hearing on May 28. The next day, his \u003ca href=\"https://www.kqed.org/news/11988131/prosecutors-defense-deliver-opening-statements-in-state-trial-of-man-who-attacked-paul-pelosi\">state trial in San Francisco Superior Court\u003c/a> began. \u003c/p>\n\u003cp>DePape’s attorneys moved to dismiss multiple charges last month, arguing that his \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">conviction in federal court\u003c/a> precludes prosecution for certain acts in state court because of California protections against double jeopardy. \u003c/p>\n\u003cp>In their May 21 motion, defense attorneys cite two sections of the California penal code, one that makes a prior conviction a defense to a new charge stemming from the same acts and another that bars prosecution after a conviction in another court system. \u003c/p>\n\u003cp>Because DePape was already convicted of assault and attempted kidnapping in federal court, California law bars his prosecution in state court for the same acts, they argued. \u003c/p>\n\u003cp>“DePape’s federal convictions were based on precisely the same conduct that is charged in Counts I to IV: breaking into the Speaker’s home and striking Mr. Pelosi on the head with a hammer,” attorneys wrote. “Because DePape has now been convicted for those acts,” those sections of the law, “bar a retrial.” \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>They went on: “DePape’s assault on Mr Pelosi with a hammer was an act of violence that shocked our country. So was his forced entry into the Pelosis’ home. The United States has tried, convicted and severely punished DePape for those crimes. California law does not permit a second trial for the same conduct.” \u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11988131/prosecutors-defense-deliver-opening-statements-in-state-trial-of-man-who-attacked-paul-pelosi","authors":["11490"],"categories":["news_8"],"tags":["news_31923","news_177","news_31916"],"featImg":"news_11988141","label":"news"},"news_11987892":{"type":"posts","id":"news_11987892","meta":{"index":"posts_1716263798","site":"news","id":"11987892","score":null,"sort":[1716919589000]},"guestAuthors":[],"slug":"paul-pelosis-attacker-apologizes-at-resentencing-but-prison-term-is-unchanged","title":"Paul Pelosi's Attacker Apologizes at Resentencing, but Prison Term Is Unchanged","publishDate":1716919589,"format":"standard","headTitle":"Paul Pelosi’s Attacker Apologizes at Resentencing, but Prison Term Is Unchanged | KQED","labelTerm":{"site":"news"},"content":"\u003cp>The man who invaded the Pelosis’ San Francisco home in an extremism-fueled attempt to kidnap the then-speaker of the House in late 2022 apologized to Paul Pelosi at a federal court hearing on Tuesday to reconsider his sentence after a court error had thrown his prison term into question.\u003c/p>\n\u003cp>However, David DePape’s approximately 90-second statement stopped short of showing remorse for his broader plan to target and capture a diverse list of public figures and political leaders.\u003c/p>\n\u003cp>“I should have left the house when I learned Nancy Pelosi wasn’t there,” DePape said.\u003c/p>\n\u003cp>A day after DePape was \u003ca href=\"https://www.kqed.org/news/11986718/david-depape-sentenced-to-30-years-in-federal-prison-for-attack-on-nancy-pelosis-husband\">sentenced to 30 years\u003c/a> in federal prison earlier this month, the judge presiding over the case \u003ca href=\"https://www.kqed.org/news/11986847/federal-judge-orders-new-sentencing-hearing-for-david-depape-in-trial-over-pelosi-attack\">ordered a redo\u003c/a>, acknowledging that the court had failed to ask him if he would like to make a statement first. U.S. District Judge Jacqueline Scott Corley issued an unchanged sentence after DePape spoke Tuesday, totaling 30 years in federal prison.\u003c/p>\n\u003cp>DePape had taken public transportation overnight from the East Bay to the Pelosis’ home in San Francisco’s Pacific Heights neighborhood, arriving in the early hours of Oct. 28, 2022. He broke into the home by repeatedly hitting a sliding glass door until it shattered, according to security camera video played during DePape’s federal trial that \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">ended with a guilty verdict\u003c/a> in November.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He awoke Paul Pelosi asking the now-infamous phrase, “Where’s Nancy?”\u003c/p>\n\u003cp>Paul Pelosi managed to call 911 after DePape decided to wait with him for his wife to return home. When two officers confronted both men in the front doorway to the home, DePape suddenly turned and struck Paul Pelosi multiple times in the head with a hammer as the officers rushed in and eventually restrained him.\u003c/p>\n\u003cp>DePape’s defense argued before sentencing that undiagnosed mental illness and a difficult relationship with the mother of his children had left the 44-year-old \u003ca href=\"https://www.kqed.org/news/11966865/defense-focuses-on-conspiracy-theories-in-first-day-of-trial-over-attempted-nancy-pelosi-kidnapping\">vulnerable to conspiracy theories\u003c/a> that he consumed with increasing frequency in online videos.\u003c/p>\n\u003cp>By the time he launched his \u003ca href=\"https://www.kqed.org/news/11967247/david-depape-on-witness-stand-details-grand-plan-to-violently-interrogate-nancy-pelosi\">plan to kidnap then-Speaker Nancy Pelosi\u003c/a>, DePape was obsessed with exposing what he believed was a cabal of politicians promoting child abuse and corruption. Among his other targets: actor Tom Hanks, Rep. Adam Schiff, former Vice President Mike Pence and the president’s son Hunter Biden.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"david-depape\"]Corley apologized to DePape at the beginning of his “reopened” sentencing hearing on Tuesday for neglecting to ask him to make a statement when she initially sentenced him on May 17.\u003c/p>\n\u003cp>“I’m truly sorry for my mistake,” Corley said from the bench. But she denied a defense motion to assign DePape’s sentencing to another judge.\u003c/p>\n\u003cp>After DePape’s statement, the judge reiterated the seriousness of his crimes.\u003c/p>\n\u003cp>“You can’t break into the speaker of the House’s home,” Corley said. “It’s hard to overstate the seriousness of that and the damage it has caused.”\u003c/p>\n\u003cp>The sentencing do-over in federal court has affected scheduling for the beginning of a second trial for DePape on state-level charges, including attempted murder and aggravated kidnapping, which carries a potential life sentence without the possibility of parole. Opening statements in that case were initially set to begin by Tuesday.\u003c/p>\n\u003cp>Instead, a San Francisco Superior Court judge heard this morning from DePape’s local public defenders, who argue that California-specific protections against double jeopardy \u003ca href=\"https://www.kqed.org/news/11987752/depape-faces-new-state-charges-defense-argues-double-jeopardy\">require several charges be dismissed\u003c/a> following his federal conviction. The judge declined to rule on the motion, saying he’ll wait for local prosecutors to present their case.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Alex Hall of KQED News contributed to this report.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"David DePape told the court in a brief statement that he wishes he’d left the home he’d broken into after he discovered Nancy Pelosi wasn’t there.","status":"publish","parent":0,"modified":1718123273,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":634},"headData":{"title":"Paul Pelosi's Attacker Apologizes at Resentencing, but Prison Term Is Unchanged | KQED","description":"David DePape told the court in a brief statement that he wishes he’d left the home he’d broken into after he discovered Nancy Pelosi wasn’t there.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Paul Pelosi's Attacker Apologizes at Resentencing, but Prison Term Is Unchanged","datePublished":"2024-05-28T11:06:29-07:00","dateModified":"2024-06-11T09:27:53-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"Brian Krans and Alex Emslie","nprStoryId":"kqed-11987892","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"Yes","articleAge":"0","path":"/news/11987892/paul-pelosis-attacker-apologizes-at-resentencing-but-prison-term-is-unchanged","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The man who invaded the Pelosis’ San Francisco home in an extremism-fueled attempt to kidnap the then-speaker of the House in late 2022 apologized to Paul Pelosi at a federal court hearing on Tuesday to reconsider his sentence after a court error had thrown his prison term into question.\u003c/p>\n\u003cp>However, David DePape’s approximately 90-second statement stopped short of showing remorse for his broader plan to target and capture a diverse list of public figures and political leaders.\u003c/p>\n\u003cp>“I should have left the house when I learned Nancy Pelosi wasn’t there,” DePape said.\u003c/p>\n\u003cp>A day after DePape was \u003ca href=\"https://www.kqed.org/news/11986718/david-depape-sentenced-to-30-years-in-federal-prison-for-attack-on-nancy-pelosis-husband\">sentenced to 30 years\u003c/a> in federal prison earlier this month, the judge presiding over the case \u003ca href=\"https://www.kqed.org/news/11986847/federal-judge-orders-new-sentencing-hearing-for-david-depape-in-trial-over-pelosi-attack\">ordered a redo\u003c/a>, acknowledging that the court had failed to ask him if he would like to make a statement first. U.S. District Judge Jacqueline Scott Corley issued an unchanged sentence after DePape spoke Tuesday, totaling 30 years in federal prison.\u003c/p>\n\u003cp>DePape had taken public transportation overnight from the East Bay to the Pelosis’ home in San Francisco’s Pacific Heights neighborhood, arriving in the early hours of Oct. 28, 2022. He broke into the home by repeatedly hitting a sliding glass door until it shattered, according to security camera video played during DePape’s federal trial that \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">ended with a guilty verdict\u003c/a> in November.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He awoke Paul Pelosi asking the now-infamous phrase, “Where’s Nancy?”\u003c/p>\n\u003cp>Paul Pelosi managed to call 911 after DePape decided to wait with him for his wife to return home. When two officers confronted both men in the front doorway to the home, DePape suddenly turned and struck Paul Pelosi multiple times in the head with a hammer as the officers rushed in and eventually restrained him.\u003c/p>\n\u003cp>DePape’s defense argued before sentencing that undiagnosed mental illness and a difficult relationship with the mother of his children had left the 44-year-old \u003ca href=\"https://www.kqed.org/news/11966865/defense-focuses-on-conspiracy-theories-in-first-day-of-trial-over-attempted-nancy-pelosi-kidnapping\">vulnerable to conspiracy theories\u003c/a> that he consumed with increasing frequency in online videos.\u003c/p>\n\u003cp>By the time he launched his \u003ca href=\"https://www.kqed.org/news/11967247/david-depape-on-witness-stand-details-grand-plan-to-violently-interrogate-nancy-pelosi\">plan to kidnap then-Speaker Nancy Pelosi\u003c/a>, DePape was obsessed with exposing what he believed was a cabal of politicians promoting child abuse and corruption. Among his other targets: actor Tom Hanks, Rep. Adam Schiff, former Vice President Mike Pence and the president’s son Hunter Biden.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"david-depape"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Corley apologized to DePape at the beginning of his “reopened” sentencing hearing on Tuesday for neglecting to ask him to make a statement when she initially sentenced him on May 17.\u003c/p>\n\u003cp>“I’m truly sorry for my mistake,” Corley said from the bench. But she denied a defense motion to assign DePape’s sentencing to another judge.\u003c/p>\n\u003cp>After DePape’s statement, the judge reiterated the seriousness of his crimes.\u003c/p>\n\u003cp>“You can’t break into the speaker of the House’s home,” Corley said. “It’s hard to overstate the seriousness of that and the damage it has caused.”\u003c/p>\n\u003cp>The sentencing do-over in federal court has affected scheduling for the beginning of a second trial for DePape on state-level charges, including attempted murder and aggravated kidnapping, which carries a potential life sentence without the possibility of parole. Opening statements in that case were initially set to begin by Tuesday.\u003c/p>\n\u003cp>Instead, a San Francisco Superior Court judge heard this morning from DePape’s local public defenders, who argue that California-specific protections against double jeopardy \u003ca href=\"https://www.kqed.org/news/11987752/depape-faces-new-state-charges-defense-argues-double-jeopardy\">require several charges be dismissed\u003c/a> following his federal conviction. The judge declined to rule on the motion, saying he’ll wait for local prosecutors to present their case.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Alex Hall of KQED News contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11987892/paul-pelosis-attacker-apologizes-at-resentencing-but-prison-term-is-unchanged","authors":["byline_news_11987892"],"categories":["news_6188","news_8","news_13"],"tags":["news_31923","news_27626","news_177","news_31916","news_38"],"featImg":"news_11967248","label":"news"},"news_11987752":{"type":"posts","id":"news_11987752","meta":{"index":"posts_1716263798","site":"news","id":"11987752","score":null,"sort":[1716593555000]},"guestAuthors":[],"slug":"depape-faces-new-state-charges-defense-argues-double-jeopardy","title":"DePape Faces New State Charges, Defense Argues Double Jeopardy","publishDate":1716593555,"format":"standard","headTitle":"DePape Faces New State Charges, Defense Argues Double Jeopardy | KQED","labelTerm":{"site":"news"},"content":"\u003cp>San Francisco prosecutors have added charges on the eve of trial that increase the severity of a potential state-prison sentence for the man who violently attacked former U.S. House speaker Nancy Pelosi’s husband with a hammer, as local public defenders argue that several charges against David DePape should be dismissed because they illegally repeat a federal prosecution concluded late last year.\u003c/p>\n\u003cp>DePape was \u003ca href=\"https://www.kqed.org/news/11986718/david-depape-sentenced-to-30-years-in-federal-prison-for-attack-on-nancy-pelosis-husband\">sentenced\u003c/a> last week to 30 years in federal prison following his November \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">conviction\u003c/a> of attempting to kidnap Nancy Pelosi and violently assaulting her husband, Paul Pelosi, during a politically-motivated, late-night break-in at the couple’s San Francisco home in late 2022. The two charges in federal court relied on DePape’s targeting of Nancy Pelosi because of her official position as a U.S. representative.\u003c/p>\n\u003cp>However, a \u003ca href=\"https://www.kqed.org/news/11986847/federal-judge-orders-new-sentencing-hearing-for-david-depape-in-trial-over-pelosi-attack\">court error\u003c/a> at his federal sentencing hearing has called that 30-year prison term into question and added disorder to the already complex \u003ca href=\"https://www.kqed.org/news/11968645/david-depape-faces-second-trial-for-attempting-to-kidnap-nancy-pelosi-heres-why\">dual prosecution\u003c/a> on both federal and state-level charges.\u003c/p>\n\u003cp>A second trial — this one in state court — is set to open next week. DePape faces multiple charges, including attempted murder, first-degree burglary, assault with a deadly weapon, seriously injuring an elderly adult, false imprisonment and threatening a public official’s family member.\u003c/p>\n\u003cp>Prosecutors recently added two new charges. One of them, aggravated kidnapping resulting in bodily harm or death, carries with it a life sentence without the possibility of parole. The other adds one count of preventing or dissuading a witness by force or threat. DePape has pleaded not guilty to all charges.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The San Francisco District Attorney’s Office declined to comment.\u003c/p>\n\u003cp>In a motion filed Tuesday, DePape’s attorneys in the state case argue that California law protects DePape from being tried for crimes stemming from the same acts that led to the conviction in federal court.\u003c/p>\n\u003cp>“Once judgment was issued in Mr. DePape’s federal case, the government became barred under double jeopardy statutes from prosecuting him on any state charges arising out of the same acts for which he was convicted in federal court,” the San Francisco Public Defender’s Office said in a written statement. “Upon the federal court’s pronouncement of judgment last Friday, our office immediately filed a motion to dismiss the state case based on these statutes.”\u003c/p>\n\u003cp>DePape’s attorneys argue that California law, specifically two sections of the state penal code, offers greater protection than the double jeopardy clause of the Fifth Amendment.\u003c/p>\n\u003cp>“DePape’s assault on Mr. Pelosi with a hammer was an act of violence that shocked our country,” the motion said. “So was his forced entry into the Pelosis’ home. The United States has tried, convicted and severely punished DePape for those crimes. California law does not permit a second trial for the same conduct.”\u003c/p>\n\u003cp>Visiting University of San Francisco law professor Andrew Lah said the legal doctrine of dual sovereignty typically allows the prosecution of a defendant for the same acts in both state and federal court. And he noted a prominent example: the double prosecution of Derek Chauvin following the murder of George Floyd.\u003c/p>\n\u003cp>“We had a state prosecution under state law for murder charges in that case,” Lah said. “We also had the federal government prosecuting for federal criminal civil rights violations. It all flowed from Chauvin’s conduct of killing George Floyd. That doesn’t violate double jeopardy because even though it’s from effectively the same conduct, the state of Minnesota and the United States of America are separate sovereigns for purposes of the double jeopardy clause.”\u003c/p>\n\u003cp>However, DePape’s San Francisco public defenders argue that California law provides greater protections against repeated prosecution. They cite two sections of the penal code, one that makes a prior conviction a defense to a new charge stemming from the same acts and another that bars prosecution after a conviction in another court system.\u003c/p>\n\u003cp>DePape’s sentencing hearing in the federal case has been reopened after U.S. District Judge Jacqueline Scott Corley failed to give DePape an opportunity to speak at his May 17 sentencing hearing. A do-over sentencing is scheduled in federal court on Tuesday.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>That same day, a judge in state court will hear arguments over whether some of the charges DePape is facing should be dismissed based on the defense’s motion regarding double jeopardy.\u003c/p>\n\n","blocks":[],"excerpt":"The man who tried to kidnap Nancy Pelosi and attacked her husband is due in state court starting next week, after he was sentenced in a federal trial.","status":"publish","parent":0,"modified":1716918049,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":758},"headData":{"title":"DePape Faces New State Charges, Defense Argues Double Jeopardy | KQED","description":"The man who tried to kidnap Nancy Pelosi and attacked her husband is due in state court starting next week, after he was sentenced in a federal trial.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"DePape Faces New State Charges, Defense Argues Double Jeopardy","datePublished":"2024-05-24T16:32:35-07:00","dateModified":"2024-05-28T10:40:49-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprStoryId":"kqed-11987752","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11987752/depape-faces-new-state-charges-defense-argues-double-jeopardy","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco prosecutors have added charges on the eve of trial that increase the severity of a potential state-prison sentence for the man who violently attacked former U.S. House speaker Nancy Pelosi’s husband with a hammer, as local public defenders argue that several charges against David DePape should be dismissed because they illegally repeat a federal prosecution concluded late last year.\u003c/p>\n\u003cp>DePape was \u003ca href=\"https://www.kqed.org/news/11986718/david-depape-sentenced-to-30-years-in-federal-prison-for-attack-on-nancy-pelosis-husband\">sentenced\u003c/a> last week to 30 years in federal prison following his November \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">conviction\u003c/a> of attempting to kidnap Nancy Pelosi and violently assaulting her husband, Paul Pelosi, during a politically-motivated, late-night break-in at the couple’s San Francisco home in late 2022. The two charges in federal court relied on DePape’s targeting of Nancy Pelosi because of her official position as a U.S. representative.\u003c/p>\n\u003cp>However, a \u003ca href=\"https://www.kqed.org/news/11986847/federal-judge-orders-new-sentencing-hearing-for-david-depape-in-trial-over-pelosi-attack\">court error\u003c/a> at his federal sentencing hearing has called that 30-year prison term into question and added disorder to the already complex \u003ca href=\"https://www.kqed.org/news/11968645/david-depape-faces-second-trial-for-attempting-to-kidnap-nancy-pelosi-heres-why\">dual prosecution\u003c/a> on both federal and state-level charges.\u003c/p>\n\u003cp>A second trial — this one in state court — is set to open next week. DePape faces multiple charges, including attempted murder, first-degree burglary, assault with a deadly weapon, seriously injuring an elderly adult, false imprisonment and threatening a public official’s family member.\u003c/p>\n\u003cp>Prosecutors recently added two new charges. One of them, aggravated kidnapping resulting in bodily harm or death, carries with it a life sentence without the possibility of parole. The other adds one count of preventing or dissuading a witness by force or threat. DePape has pleaded not guilty to all charges.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The San Francisco District Attorney’s Office declined to comment.\u003c/p>\n\u003cp>In a motion filed Tuesday, DePape’s attorneys in the state case argue that California law protects DePape from being tried for crimes stemming from the same acts that led to the conviction in federal court.\u003c/p>\n\u003cp>“Once judgment was issued in Mr. DePape’s federal case, the government became barred under double jeopardy statutes from prosecuting him on any state charges arising out of the same acts for which he was convicted in federal court,” the San Francisco Public Defender’s Office said in a written statement. “Upon the federal court’s pronouncement of judgment last Friday, our office immediately filed a motion to dismiss the state case based on these statutes.”\u003c/p>\n\u003cp>DePape’s attorneys argue that California law, specifically two sections of the state penal code, offers greater protection than the double jeopardy clause of the Fifth Amendment.\u003c/p>\n\u003cp>“DePape’s assault on Mr. Pelosi with a hammer was an act of violence that shocked our country,” the motion said. “So was his forced entry into the Pelosis’ home. The United States has tried, convicted and severely punished DePape for those crimes. California law does not permit a second trial for the same conduct.”\u003c/p>\n\u003cp>Visiting University of San Francisco law professor Andrew Lah said the legal doctrine of dual sovereignty typically allows the prosecution of a defendant for the same acts in both state and federal court. And he noted a prominent example: the double prosecution of Derek Chauvin following the murder of George Floyd.\u003c/p>\n\u003cp>“We had a state prosecution under state law for murder charges in that case,” Lah said. “We also had the federal government prosecuting for federal criminal civil rights violations. It all flowed from Chauvin’s conduct of killing George Floyd. That doesn’t violate double jeopardy because even though it’s from effectively the same conduct, the state of Minnesota and the United States of America are separate sovereigns for purposes of the double jeopardy clause.”\u003c/p>\n\u003cp>However, DePape’s San Francisco public defenders argue that California law provides greater protections against repeated prosecution. They cite two sections of the penal code, one that makes a prior conviction a defense to a new charge stemming from the same acts and another that bars prosecution after a conviction in another court system.\u003c/p>\n\u003cp>DePape’s sentencing hearing in the federal case has been reopened after U.S. District Judge Jacqueline Scott Corley failed to give DePape an opportunity to speak at his May 17 sentencing hearing. A do-over sentencing is scheduled in federal court on Tuesday.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>That same day, a judge in state court will hear arguments over whether some of the charges DePape is facing should be dismissed based on the defense’s motion regarding double jeopardy.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11987752/depape-faces-new-state-charges-defense-argues-double-jeopardy","authors":["11490"],"categories":["news_8"],"tags":["news_31923","news_177"],"featImg":"news_11966873","label":"news"},"news_11986847":{"type":"posts","id":"news_11986847","meta":{"index":"posts_1716263798","site":"news","id":"11986847","score":null,"sort":[1716073836000]},"parent":0,"labelTerm":{"site":"news"},"blocks":[],"publishDate":1716073836,"format":"standard","title":"Federal Judge Orders New Sentencing Hearing for David DePape in Trial Over Pelosi Attack","headTitle":"Federal Judge Orders New Sentencing Hearing for David DePape in Trial Over Pelosi Attack | KQED","content":"\u003cp>The federal judge presiding over the trial of the man convicted of attempting to kidnap former House Speaker Nancy Pelosi and fracturing her husband’s skull with a hammer ordered a redo of David DePape’s sentencing on Saturday, acknowledging that the court failed to ask him on Friday if he would like to make a statement before handing down a 30-year prison term.\u003c/p>\n\u003cp>Prosecutors raised concerns a few hours after U.S. District Judge Jacqueline Scott Corley sentenced DePape on Friday morning, according to court filings. Then, the defense filed a notice of appeal in the case.\u003c/p>\n\u003cp>In her order scheduling a reopened sentencing hearing for May 28, Corley noted that neither prosecutors nor defense attorneys alerted the court that DePape hadn’t been given a chance to make a statement.\u003c/p>\n\u003cp>“Nonetheless, it was the Court’s responsibility to personally ask Mr. DePape if he wanted to speak,” Corley wrote. “As the Court did not do so, it committed clear error.”\u003c/p>\n\u003cp>[aside postID=news_11986718 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/11/depape_crying-1020x574.jpeg']Prosecutors sought a longer, 40-year prison sentence and the application of a terrorism enhancement, an argument which Corley rejected Friday. She said, however, that DePape remained a threat.\u003c/p>\n\u003cp>Defense attorneys argued Friday that untreated mental illness left DePape vulnerable to believing conspiracy theories that drove him to plot to kidnap House Speaker Emerita Nancy Pelosi and others he said were part of a cabal of powerful public figures, as he testified during his trial.\u003c/p>\n\u003cp>A federal jury convicted DePape in November of attempted kidnapping of a federal official and assaulting her family member.\u003c/p>\n\u003cp>Stanford law professor Robert Weisberg said Corley’s order on Saturday puts the judge in a “slightly tricky position” to maintain an open mind about changing DePape’s sentence based on anything he says. And the judge will need to make a record that she considered the defendant’s statement, even if she doesn’t alter the sentence.\u003c/p>\n\u003cp>“I mean, she’ll have to do that with some elegance,” Weisberg said.\u003c/p>\n\u003cp>“There are so many strange things about this case and the behavior of the defendant, it’s hard to say,” Weisberg said. “He may just take the opportunity to give another speech.”\u003c/p>\n\u003cp>Effects of the continued federal sentencing may ripple into a separate trial scheduled to open as early as May 24, where DePape faces state-level charges in San Francisco Superior Court, including attempted murder.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":false,"hasPolis":false,"wordCount":435,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":13},"modified":1716236931,"excerpt":"U.S. District Judge Jacqueline Scott Corley said the court committed an error by not giving DePape a chance to make a statement before being sentenced. Corley ordered a new sentencing hearing to commence on May 28.","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"U.S. District Judge Jacqueline Scott Corley said the court committed an error by not giving DePape a chance to make a statement before being sentenced. Corley ordered a new sentencing hearing to commence on May 28.","title":"Federal Judge Orders New Sentencing Hearing for David DePape in Trial Over Pelosi Attack | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Federal Judge Orders New Sentencing Hearing for David DePape in Trial Over Pelosi Attack","datePublished":"2024-05-18T16:10:36-07:00","dateModified":"2024-05-20T13:28:51-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"federal-judge-orders-new-sentencing-hearing-for-david-depape-in-trial-over-pelosi-attack","status":"publish","excludeFromSiteSearch":"Include","sticky":false,"articleAge":"0","nprStoryId":"kqed-11986847","path":"/news/11986847/federal-judge-orders-new-sentencing-hearing-for-david-depape-in-trial-over-pelosi-attack","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The federal judge presiding over the trial of the man convicted of attempting to kidnap former House Speaker Nancy Pelosi and fracturing her husband’s skull with a hammer ordered a redo of David DePape’s sentencing on Saturday, acknowledging that the court failed to ask him on Friday if he would like to make a statement before handing down a 30-year prison term.\u003c/p>\n\u003cp>Prosecutors raised concerns a few hours after U.S. District Judge Jacqueline Scott Corley sentenced DePape on Friday morning, according to court filings. Then, the defense filed a notice of appeal in the case.\u003c/p>\n\u003cp>In her order scheduling a reopened sentencing hearing for May 28, Corley noted that neither prosecutors nor defense attorneys alerted the court that DePape hadn’t been given a chance to make a statement.\u003c/p>\n\u003cp>“Nonetheless, it was the Court’s responsibility to personally ask Mr. DePape if he wanted to speak,” Corley wrote. “As the Court did not do so, it committed clear error.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11986718","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/11/depape_crying-1020x574.jpeg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Prosecutors sought a longer, 40-year prison sentence and the application of a terrorism enhancement, an argument which Corley rejected Friday. She said, however, that DePape remained a threat.\u003c/p>\n\u003cp>Defense attorneys argued Friday that untreated mental illness left DePape vulnerable to believing conspiracy theories that drove him to plot to kidnap House Speaker Emerita Nancy Pelosi and others he said were part of a cabal of powerful public figures, as he testified during his trial.\u003c/p>\n\u003cp>A federal jury convicted DePape in November of attempted kidnapping of a federal official and assaulting her family member.\u003c/p>\n\u003cp>Stanford law professor Robert Weisberg said Corley’s order on Saturday puts the judge in a “slightly tricky position” to maintain an open mind about changing DePape’s sentence based on anything he says. And the judge will need to make a record that she considered the defendant’s statement, even if she doesn’t alter the sentence.\u003c/p>\n\u003cp>“I mean, she’ll have to do that with some elegance,” Weisberg said.\u003c/p>\n\u003cp>“There are so many strange things about this case and the behavior of the defendant, it’s hard to say,” Weisberg said. “He may just take the opportunity to give another speech.”\u003c/p>\n\u003cp>Effects of the continued federal sentencing may ripple into a separate trial scheduled to open as early as May 24, where DePape faces state-level charges in San Francisco Superior Court, including attempted murder.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11986847/federal-judge-orders-new-sentencing-hearing-for-david-depape-in-trial-over-pelosi-attack","authors":["3206"],"categories":["news_6188","news_8"],"tags":["news_31923","news_27626","news_177","news_31916"],"featImg":"news_11967668","label":"news"},"news_11986718":{"type":"posts","id":"news_11986718","meta":{"index":"posts_1716263798","site":"news","id":"11986718","score":null,"sort":[1715969540000]},"parent":0,"labelTerm":{"site":"news"},"blocks":[],"publishDate":1715969540,"format":"standard","title":"David DePape Sentenced to 30 Years in Federal Prison for Attack on Nancy Pelosi's Husband","headTitle":"David DePape Sentenced to 30 Years in Federal Prison for Attack on Nancy Pelosi’s Husband | KQED","content":"\u003cp>\u003cem>Updated 2:27 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>The man who was convicted of the attempted kidnapping of former House Speaker Nancy Pelosi and of violently assaulting her husband, Paul Pelosi, in the couple’s San Francisco home was sentenced to 30 years in federal prison on Friday.\u003c/p>\n\u003cp>A jury \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">found David DePape, 44, guilty in November\u003c/a> of one count of attempted kidnapping of a federal officer and one count of assault on the immediate family member of a federal official. The 20- and 30-year sentences he received for each crime were ordered to be served simultaneously.\u003c/p>\n\u003cp>“This is so harmful to everyone in this country,” U.S. District Court Judge Jacqueline Scott Corley said just before ordering the 30-year sentence, noting that those considering going into public service must now consider the risk not only to themselves but to their spouse, children and grandchildren. “We will never know everything we have lost because of this crime.”\u003c/p>\n\u003cp>In letters to the judge, Nancy and Paul Pelosi described the October 2022 attack’s lasting effects on their lives, physical and otherwise, as they asked for the longest possible sentence. Their daughter, Christine Pelosi, read the letters from the witness stand while DePape looked on.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Nancy Pelosi described ongoing security threats and DePape’s resonance with the Jan. 6, 2021, attack on the U.S. Capitol.\u003c/p>\n\u003cp>“Reports of the home invasion with shouts of ‘Where’s Nancy?’ — echoing the January 6th threats — filled me with great fear and deep pain,” she wrote.\u003c/p>\n\u003cp>DePape awoke Paul Pelosi with the now-infamous phrase in the early hours of Oct. 28, 2022, looking for his wife.\u003c/p>\n\u003cp>But she wasn’t home.\u003c/p>\n\u003cp>Paul Pelosi managed to call 911, and officers arrived at the front door of the Pelosi home to find both men with their hands on a hammer. The body camera video shows officers ordering DePape to drop it. He said, “Nope,” and then struck Pelosi repeatedly on the head, also severely injuring Pelosi’s left hand.\u003c/p>\n\u003cp>The account was part of significant evidence presented to the federal jury of DePape’s \u003ca href=\"https://www.kqed.org/news/11967247/david-depape-on-witness-stand-details-grand-plan-to-violently-interrogate-nancy-pelosi\">plot to kidnap Nancy Pelosi\u003c/a>, among others, and his ultimate assault of Paul Pelosi.\u003c/p>\n\u003cp>In his letter, Paul Pelosi, who was 82 at the time of the attack, described ongoing pain, sensitivity to bright lights, dizzy spells and nerve damage. He wrote that he can still feel “bumps on my head from the hammer blows and a metal plate from skull surgery.”\u003c/p>\n\u003cp>“We do not answer our landline phone or our front door due to ongoing threats,” Paul Pelosi wrote. “We cannot fully remove the stain on the floor in the front entryway where I bled.”\u003c/p>\n\u003cp>Nancy Pelosi noted that she and her husband have never talked about what happened during the attack. Without using former President Donald Trump’s name, she appeared to call out times that he has referenced the brutal assault on her husband.\u003c/p>\n\u003cp>“When the attack is a source of sick humor — especially to people in high places — it adds to the pain, the fear and the threat to those who might consider public office,” she wrote.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"david-depape\"]Prosecutors had argued that DePape \u003ca href=\"https://www.kqed.org/news/11985847/federal-prosecutors-request-40-year-sentence-for-david-depape-who-attacked-pelosis-husband-with-a-hammer\">should be sentenced to 40 years in prison\u003c/a> because of his violent plot to kidnap the then-speaker of the U.S. House of Representatives.\u003c/p>\n\u003cp>“This was an \u003ca href=\"https://www.kqed.org/news/11986566/prosecutors-push-for-terrorism-enhancement-in-sentencing-of-david-depape-who-bludgeoned-paul-pelosi-in-2022\">act of domestic terrorism\u003c/a>,” a federal prosecutor argued during the sentencing hearing on Friday.\u003c/p>\n\u003cp>She referenced a January 2023 call DePape \u003ca href=\"https://www.ktvu.com/news/depape-in-bizarre-phone-call-to-ktvu-says-he-should-have-been-more-prepared\">made from a jail cell to a KTVU reporter\u003c/a>. “He claimed to be a patriot. He wishes he’d gotten more of them. This is no patriot. This is a domestic terrorist, and it is a lone wolf domestic terrorist.”\u003c/p>\n\u003cp>Judge Corley also referenced DePape’s statement during the call that he was sorry he didn’t “get more of them.”\u003c/p>\n\u003cp>“It sounds like he’s taunting his victims,” Corley said from the bench. “He’s taunting America.”\u003c/p>\n\u003cp>The judge said she believes DePape continues to pose a danger to the public. Despite several chances to change course that night in the Pelosi home, he continued with “completely gratuitous” violence, Corley said.\u003c/p>\n\u003cp>Defense attorney Angela Chuang argued that a 14-year sentence was more appropriate.\u003c/p>\n\u003cp>“DePape was at a very low point in his life” in the months leading up to the attack, she said in court on Friday. “His living situation was bad. He didn’t have bathroom access.”\u003c/p>\n\u003cp>She added that he was spending “every waking hour \u003ca href=\"https://www.kqed.org/news/11966865/defense-focuses-on-conspiracy-theories-in-first-day-of-trial-over-attempted-nancy-pelosi-kidnapping\">listening to conspiracy theories\u003c/a> promoted by people in places of power, who command respect” as his mental health deteriorated.\u003c/p>\n\u003cp>DePape’s federal public defenders filed a notice of appeal Friday afternoon, saying they intend to challenge both the judgment and sentence he received.\u003c/p>\n\u003cp>DePape received over a year and a half of credit for his time in custody awaiting trial and sentencing. He faces potential deportation to Canada after his prison sentence, according to statements by the judge and attorneys in court on Friday.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>DePape will \u003ca href=\"https://www.kqed.org/news/11968645/david-depape-faces-second-trial-for-attempting-to-kidnap-nancy-pelosi-heres-why\">go to trial in state court\u003c/a> in the coming weeks. He is facing multiple state charges, including attempted murder, residential burglary, seriously injuring an elder adult, assault with a deadly weapon, false imprisonment and threatening a public official’s family member. Jury selection is expected to begin Wednesday.\u003c/p>\n\n","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":false,"hasPolis":false,"wordCount":940,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":29},"modified":1715983144,"excerpt":"The man who was convicted of the attempted kidnapping of former House Speaker Nancy Pelosi and of violently assaulting her husband, Paul Pelosi, was sentenced in federal court on Friday.","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"The man who was convicted of the attempted kidnapping of former House Speaker Nancy Pelosi and of violently assaulting her husband, Paul Pelosi, was sentenced in federal court on Friday.","title":"David DePape Sentenced to 30 Years in Federal Prison for Attack on Nancy Pelosi's Husband | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"David DePape Sentenced to 30 Years in Federal Prison for Attack on Nancy Pelosi's Husband","datePublished":"2024-05-17T11:12:20-07:00","dateModified":"2024-05-17T14:59:04-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"david-depape-sentenced-to-30-years-in-federal-prison-for-attack-on-nancy-pelosis-husband","status":"publish","excludeFromSiteSearch":"Include","sticky":false,"articleAge":"0","nprStoryId":"kqed-11986718","path":"/news/11986718/david-depape-sentenced-to-30-years-in-federal-prison-for-attack-on-nancy-pelosis-husband","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 2:27 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>The man who was convicted of the attempted kidnapping of former House Speaker Nancy Pelosi and of violently assaulting her husband, Paul Pelosi, in the couple’s San Francisco home was sentenced to 30 years in federal prison on Friday.\u003c/p>\n\u003cp>A jury \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">found David DePape, 44, guilty in November\u003c/a> of one count of attempted kidnapping of a federal officer and one count of assault on the immediate family member of a federal official. The 20- and 30-year sentences he received for each crime were ordered to be served simultaneously.\u003c/p>\n\u003cp>“This is so harmful to everyone in this country,” U.S. District Court Judge Jacqueline Scott Corley said just before ordering the 30-year sentence, noting that those considering going into public service must now consider the risk not only to themselves but to their spouse, children and grandchildren. “We will never know everything we have lost because of this crime.”\u003c/p>\n\u003cp>In letters to the judge, Nancy and Paul Pelosi described the October 2022 attack’s lasting effects on their lives, physical and otherwise, as they asked for the longest possible sentence. Their daughter, Christine Pelosi, read the letters from the witness stand while DePape looked on.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Nancy Pelosi described ongoing security threats and DePape’s resonance with the Jan. 6, 2021, attack on the U.S. Capitol.\u003c/p>\n\u003cp>“Reports of the home invasion with shouts of ‘Where’s Nancy?’ — echoing the January 6th threats — filled me with great fear and deep pain,” she wrote.\u003c/p>\n\u003cp>DePape awoke Paul Pelosi with the now-infamous phrase in the early hours of Oct. 28, 2022, looking for his wife.\u003c/p>\n\u003cp>But she wasn’t home.\u003c/p>\n\u003cp>Paul Pelosi managed to call 911, and officers arrived at the front door of the Pelosi home to find both men with their hands on a hammer. The body camera video shows officers ordering DePape to drop it. He said, “Nope,” and then struck Pelosi repeatedly on the head, also severely injuring Pelosi’s left hand.\u003c/p>\n\u003cp>The account was part of significant evidence presented to the federal jury of DePape’s \u003ca href=\"https://www.kqed.org/news/11967247/david-depape-on-witness-stand-details-grand-plan-to-violently-interrogate-nancy-pelosi\">plot to kidnap Nancy Pelosi\u003c/a>, among others, and his ultimate assault of Paul Pelosi.\u003c/p>\n\u003cp>In his letter, Paul Pelosi, who was 82 at the time of the attack, described ongoing pain, sensitivity to bright lights, dizzy spells and nerve damage. He wrote that he can still feel “bumps on my head from the hammer blows and a metal plate from skull surgery.”\u003c/p>\n\u003cp>“We do not answer our landline phone or our front door due to ongoing threats,” Paul Pelosi wrote. “We cannot fully remove the stain on the floor in the front entryway where I bled.”\u003c/p>\n\u003cp>Nancy Pelosi noted that she and her husband have never talked about what happened during the attack. Without using former President Donald Trump’s name, she appeared to call out times that he has referenced the brutal assault on her husband.\u003c/p>\n\u003cp>“When the attack is a source of sick humor — especially to people in high places — it adds to the pain, the fear and the threat to those who might consider public office,” she wrote.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"david-depape"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Prosecutors had argued that DePape \u003ca href=\"https://www.kqed.org/news/11985847/federal-prosecutors-request-40-year-sentence-for-david-depape-who-attacked-pelosis-husband-with-a-hammer\">should be sentenced to 40 years in prison\u003c/a> because of his violent plot to kidnap the then-speaker of the U.S. House of Representatives.\u003c/p>\n\u003cp>“This was an \u003ca href=\"https://www.kqed.org/news/11986566/prosecutors-push-for-terrorism-enhancement-in-sentencing-of-david-depape-who-bludgeoned-paul-pelosi-in-2022\">act of domestic terrorism\u003c/a>,” a federal prosecutor argued during the sentencing hearing on Friday.\u003c/p>\n\u003cp>She referenced a January 2023 call DePape \u003ca href=\"https://www.ktvu.com/news/depape-in-bizarre-phone-call-to-ktvu-says-he-should-have-been-more-prepared\">made from a jail cell to a KTVU reporter\u003c/a>. “He claimed to be a patriot. He wishes he’d gotten more of them. This is no patriot. This is a domestic terrorist, and it is a lone wolf domestic terrorist.”\u003c/p>\n\u003cp>Judge Corley also referenced DePape’s statement during the call that he was sorry he didn’t “get more of them.”\u003c/p>\n\u003cp>“It sounds like he’s taunting his victims,” Corley said from the bench. “He’s taunting America.”\u003c/p>\n\u003cp>The judge said she believes DePape continues to pose a danger to the public. Despite several chances to change course that night in the Pelosi home, he continued with “completely gratuitous” violence, Corley said.\u003c/p>\n\u003cp>Defense attorney Angela Chuang argued that a 14-year sentence was more appropriate.\u003c/p>\n\u003cp>“DePape was at a very low point in his life” in the months leading up to the attack, she said in court on Friday. “His living situation was bad. He didn’t have bathroom access.”\u003c/p>\n\u003cp>She added that he was spending “every waking hour \u003ca href=\"https://www.kqed.org/news/11966865/defense-focuses-on-conspiracy-theories-in-first-day-of-trial-over-attempted-nancy-pelosi-kidnapping\">listening to conspiracy theories\u003c/a> promoted by people in places of power, who command respect” as his mental health deteriorated.\u003c/p>\n\u003cp>DePape’s federal public defenders filed a notice of appeal Friday afternoon, saying they intend to challenge both the judgment and sentence he received.\u003c/p>\n\u003cp>DePape received over a year and a half of credit for his time in custody awaiting trial and sentencing. He faces potential deportation to Canada after his prison sentence, according to statements by the judge and attorneys in court on Friday.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>DePape will \u003ca href=\"https://www.kqed.org/news/11968645/david-depape-faces-second-trial-for-attempting-to-kidnap-nancy-pelosi-heres-why\">go to trial in state court\u003c/a> in the coming weeks. He is facing multiple state charges, including attempted murder, residential burglary, seriously injuring an elder adult, assault with a deadly weapon, false imprisonment and threatening a public official’s family member. Jury selection is expected to begin Wednesday.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11986718/david-depape-sentenced-to-30-years-in-federal-prison-for-attack-on-nancy-pelosis-husband","authors":["11490","3206"],"categories":["news_8"],"tags":["news_17725","news_31923","news_27626","news_177","news_31916","news_29025"],"featImg":"news_11967248","label":"news"},"news_11986566":{"type":"posts","id":"news_11986566","meta":{"index":"posts_1716263798","site":"news","id":"11986566","score":null,"sort":[1715943646000]},"parent":0,"labelTerm":{"site":"news"},"blocks":[],"publishDate":1715943646,"format":"standard","title":"Prosecutors to Push for Terrorism Enhancement in Sentencing of David DePape, Who Bludgeoned Paul Pelosi in 2022","headTitle":"Prosecutors to Push for Terrorism Enhancement in Sentencing of David DePape, Who Bludgeoned Paul Pelosi in 2022 | KQED","content":"\u003cp>The man who broke into former U.S. House Speaker Nancy Pelosi’s San Francisco home in 2022 and bludgeoned her husband, Paul Pelosi, in the head with a hammer is set to be sentenced in federal court on Friday.\u003c/p>\n\u003cp>Prosecutors argue that David DePape should be sentenced to 40 years in prison because his violent plot to kidnap Pelosi amounts to terrorism. DePape’s attorneys are seeking a 14-year sentence, arguing that his mental illness left him susceptible to the extremist conspiracy theories that fueled his actions.\u003c/p>\n\u003cp>“At a time when extremism has led to attacks on public and elected officials, this case presents a moment to speak to others harboring ideologically motivated violent dreams and plans,” the government argued in a May 10 sentencing memorandum. “The defendant planned a violent hostage-taking of the Speaker Emerita and then nearly killed her husband.”\u003c/p>\n\u003cp>Rory Little, a law professor at UC Law San Francisco, said federal prosecutors are trying to make a point about the gravity of DePape’s crimes.\u003c/p>\n\u003cp>“They’re saying this is a really serious attack on an important federal official, and you need to take it seriously,” he said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>DePape, 44, \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">was convicted\u003c/a> by a federal jury in November of one count of attempted kidnapping of a federal officer and one count of assault on the immediate family member of a federal official.\u003c/p>\n\u003cp>Defense attorneys argue that applying the terrorism enhancement would be an illegal overreach because neither of the crimes he was convicted of fit within the legal definition of a “federal crime of terrorism.”\u003c/p>\n\u003cp>“His entire adult life was indelibly shaped and distorted by an abusive, long-term relationship,” DePape’s attorneys argue in their sentencing memorandum. They say he became “completely unmoored in the years leading up to the offense when he was further radicalized through his obsessive consumption of media amplifying extreme beliefs.”\u003c/p>\n\u003cp>The U.S. Probation Office recommends 25 years, followed by five years of supervised release.\u003c/p>\n\u003cp>At a weeklong trial late last year, the jury heard and saw a mountain of evidence against DePape, including video footage of the break-in and attack and his repeated confessions.\u003c/p>\n\u003cp>DePape broke into the Pelosi home early in the morning on Oct. 28, 2022, looking for the congresswoman, who he planned to kidnap and question on video. Nancy Pelosi wasn’t home. DePape instead woke up Paul Pelosi, who then managed to call 911 from a bathroom.\u003c/p>\n\u003cp>Body cam footage showed that when police arrived at the house, Pelosi opened the door with one hand on a hammer that DePape was holding. Both men appeared calm. But after an officer told DePape to drop the hammer, he responded, “Nope,” and abruptly turned to Pelosi, striking him violently on the head with the tool.\u003c/p>\n\u003cp>[aside tag=\"david-depape\" label=\"More Related Stories\"]DePape later told police that if he had found Nancy Pelosi and she had lied, he would have broken her kneecaps, according to court records.\u003c/p>\n\u003cp>“He also told Mr. Pelosi that Speaker Emerita Pelosi was ‘the leader of the pack’ and that the defendant ‘had to take her out,’” the government’s sentencing memo reads.\u003c/p>\n\u003cp>“Lurking in the background of this is the idea that this guy is dangerous because he appears to have a mentally unbalanced view of the world, and he doesn’t appear to have retreated from that mental imbalance,” said Little, the law professor.\u003c/p>\n\u003cp>According to his own testimony during his trial, DePape planned to wear an inflatable unicorn costume while livestreaming his questioning of Pelosi, but she wasn’t his ultimate target. Rather, he hoped to lure feminist theorist and cultural anthropologist at the University of Michigan Gayle Rubin, whose identity is sealed in federal court behind the pseudonym “Target 1.”\u003c/p>\n\u003cp>“Target 1” is among those subpoenaed for the sentencing hearing on Friday, according to court records.\u003c/p>\n\u003cp>DePape’s attorneys argue that previously undiagnosed mental health issues made him vulnerable to “manipulation and unusual beliefs.”\u003c/p>\n\u003cp>“Mr. DePape’s beliefs did not come out of nowhere,” a sentencing memo said, adding that a redacted mental health condition “made him ‘especially vulnerable to believing QAnon conspiracy theories, and to being especially psychologically affected by their content.’”\u003c/p>\n\u003cp>“QAnon adherents rarely self-identity as such, and Mr. DePape is no different. But his beliefs are consistent with QAnon theories,” attorneys wrote.\u003c/p>\n\u003cp>The prosecution argues that DePape’s isolation and consumption of YouTube videos “do not excuse the instant offense, nor give a reason for leniency given the violent extremism that the defendant unleashed in October 2022.”\u003c/p>\n\u003cp>His defense attorneys said his actions were also heavily influenced by his relationship with the pro-nudity activist Gypsy Taub, with whom DePape shares three children.\u003c/p>\n\u003cp>“His long-term relationship with his ex-partner, Gypsy Taub, inflicted immeasurable harm to his mental state and what little support network he had in the form of his family,” they argue.\u003c/p>\n\u003cp>Prosecutors argue DePape hasn’t accepted responsibility for his crimes and is proud of what he did, pointing to his jail-house January 2023 phone call to a KTVU reporter, during which he apologized to the American people, saying he should have come “better prepared” to the Pelosis’ home on the night of the attack.\u003c/p>\n\u003cp>“You’re welcome,” he told the TV station. “The tree of liberty isn’t dying. It’s being killed, systematically and deliberately.” He added, “The tree of liberty needs watering.”\u003c/p>\n\u003cp>DePape is currently in custody at the San Francisco County Jail. U.S. District Judge Jacqueline Scott Corley is set to deliver DePape’s sentence in federal court on Friday morning.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11968645/david-depape-faces-second-trial-for-attempting-to-kidnap-nancy-pelosi-heres-why\">A second trial in state court\u003c/a> will start in the coming weeks. In that case, DePape is facing charges including attempted murder, residential burglary, seriously injuring an elder adult, assault with a deadly weapon, false imprisonment and threatening a public official’s family member.\u003c/p>\n\n","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":false,"hasPolis":false,"wordCount":1043,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":29},"modified":1715915842,"excerpt":"Prosecutors are expected to argue that DePape deserves an enhanced sentence of 40 years because his violent plot to kidnap Nancy Pelosi – U.S. House speaker at the time – amounts to an act of terrorism. The defense is likely to seek leniency for the defendant on the grounds he was radicalized by online extremism.","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"Prosecutors are expected to argue that DePape deserves an enhanced sentence of 40 years because his violent plot to kidnap Nancy Pelosi – U.S. House speaker at the time – amounts to an act of terrorism. The defense is likely to seek leniency for the defendant on the grounds he was radicalized by online extremism.","title":"Prosecutors to Push for Terrorism Enhancement in Sentencing of David DePape, Who Bludgeoned Paul Pelosi in 2022 | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Prosecutors to Push for Terrorism Enhancement in Sentencing of David DePape, Who Bludgeoned Paul Pelosi in 2022","datePublished":"2024-05-17T04:00:46-07:00","dateModified":"2024-05-16T20:17:22-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"prosecutors-push-for-terrorism-enhancement-in-sentencing-of-david-depape-who-bludgeoned-paul-pelosi-in-2022","status":"publish","excludeFromSiteSearch":"Include","sticky":false,"articleAge":"0","path":"/news/11986566/prosecutors-push-for-terrorism-enhancement-in-sentencing-of-david-depape-who-bludgeoned-paul-pelosi-in-2022","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The man who broke into former U.S. House Speaker Nancy Pelosi’s San Francisco home in 2022 and bludgeoned her husband, Paul Pelosi, in the head with a hammer is set to be sentenced in federal court on Friday.\u003c/p>\n\u003cp>Prosecutors argue that David DePape should be sentenced to 40 years in prison because his violent plot to kidnap Pelosi amounts to terrorism. DePape’s attorneys are seeking a 14-year sentence, arguing that his mental illness left him susceptible to the extremist conspiracy theories that fueled his actions.\u003c/p>\n\u003cp>“At a time when extremism has led to attacks on public and elected officials, this case presents a moment to speak to others harboring ideologically motivated violent dreams and plans,” the government argued in a May 10 sentencing memorandum. “The defendant planned a violent hostage-taking of the Speaker Emerita and then nearly killed her husband.”\u003c/p>\n\u003cp>Rory Little, a law professor at UC Law San Francisco, said federal prosecutors are trying to make a point about the gravity of DePape’s crimes.\u003c/p>\n\u003cp>“They’re saying this is a really serious attack on an important federal official, and you need to take it seriously,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>DePape, 44, \u003ca href=\"https://www.kqed.org/news/11967595/david-depape-found-guilty-in-paul-pelosi-hammer-attack\">was convicted\u003c/a> by a federal jury in November of one count of attempted kidnapping of a federal officer and one count of assault on the immediate family member of a federal official.\u003c/p>\n\u003cp>Defense attorneys argue that applying the terrorism enhancement would be an illegal overreach because neither of the crimes he was convicted of fit within the legal definition of a “federal crime of terrorism.”\u003c/p>\n\u003cp>“His entire adult life was indelibly shaped and distorted by an abusive, long-term relationship,” DePape’s attorneys argue in their sentencing memorandum. They say he became “completely unmoored in the years leading up to the offense when he was further radicalized through his obsessive consumption of media amplifying extreme beliefs.”\u003c/p>\n\u003cp>The U.S. Probation Office recommends 25 years, followed by five years of supervised release.\u003c/p>\n\u003cp>At a weeklong trial late last year, the jury heard and saw a mountain of evidence against DePape, including video footage of the break-in and attack and his repeated confessions.\u003c/p>\n\u003cp>DePape broke into the Pelosi home early in the morning on Oct. 28, 2022, looking for the congresswoman, who he planned to kidnap and question on video. Nancy Pelosi wasn’t home. DePape instead woke up Paul Pelosi, who then managed to call 911 from a bathroom.\u003c/p>\n\u003cp>Body cam footage showed that when police arrived at the house, Pelosi opened the door with one hand on a hammer that DePape was holding. Both men appeared calm. But after an officer told DePape to drop the hammer, he responded, “Nope,” and abruptly turned to Pelosi, striking him violently on the head with the tool.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"david-depape","label":"More Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>DePape later told police that if he had found Nancy Pelosi and she had lied, he would have broken her kneecaps, according to court records.\u003c/p>\n\u003cp>“He also told Mr. Pelosi that Speaker Emerita Pelosi was ‘the leader of the pack’ and that the defendant ‘had to take her out,’” the government’s sentencing memo reads.\u003c/p>\n\u003cp>“Lurking in the background of this is the idea that this guy is dangerous because he appears to have a mentally unbalanced view of the world, and he doesn’t appear to have retreated from that mental imbalance,” said Little, the law professor.\u003c/p>\n\u003cp>According to his own testimony during his trial, DePape planned to wear an inflatable unicorn costume while livestreaming his questioning of Pelosi, but she wasn’t his ultimate target. Rather, he hoped to lure feminist theorist and cultural anthropologist at the University of Michigan Gayle Rubin, whose identity is sealed in federal court behind the pseudonym “Target 1.”\u003c/p>\n\u003cp>“Target 1” is among those subpoenaed for the sentencing hearing on Friday, according to court records.\u003c/p>\n\u003cp>DePape’s attorneys argue that previously undiagnosed mental health issues made him vulnerable to “manipulation and unusual beliefs.”\u003c/p>\n\u003cp>“Mr. DePape’s beliefs did not come out of nowhere,” a sentencing memo said, adding that a redacted mental health condition “made him ‘especially vulnerable to believing QAnon conspiracy theories, and to being especially psychologically affected by their content.’”\u003c/p>\n\u003cp>“QAnon adherents rarely self-identity as such, and Mr. DePape is no different. But his beliefs are consistent with QAnon theories,” attorneys wrote.\u003c/p>\n\u003cp>The prosecution argues that DePape’s isolation and consumption of YouTube videos “do not excuse the instant offense, nor give a reason for leniency given the violent extremism that the defendant unleashed in October 2022.”\u003c/p>\n\u003cp>His defense attorneys said his actions were also heavily influenced by his relationship with the pro-nudity activist Gypsy Taub, with whom DePape shares three children.\u003c/p>\n\u003cp>“His long-term relationship with his ex-partner, Gypsy Taub, inflicted immeasurable harm to his mental state and what little support network he had in the form of his family,” they argue.\u003c/p>\n\u003cp>Prosecutors argue DePape hasn’t accepted responsibility for his crimes and is proud of what he did, pointing to his jail-house January 2023 phone call to a KTVU reporter, during which he apologized to the American people, saying he should have come “better prepared” to the Pelosis’ home on the night of the attack.\u003c/p>\n\u003cp>“You’re welcome,” he told the TV station. “The tree of liberty isn’t dying. It’s being killed, systematically and deliberately.” He added, “The tree of liberty needs watering.”\u003c/p>\n\u003cp>DePape is currently in custody at the San Francisco County Jail. U.S. District Judge Jacqueline Scott Corley is set to deliver DePape’s sentence in federal court on Friday morning.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11968645/david-depape-faces-second-trial-for-attempting-to-kidnap-nancy-pelosi-heres-why\">A second trial in state court\u003c/a> will start in the coming weeks. In that case, DePape is facing charges including attempted murder, residential burglary, seriously injuring an elder adult, assault with a deadly weapon, false imprisonment and threatening a public official’s family member.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11986566/prosecutors-push-for-terrorism-enhancement-in-sentencing-of-david-depape-who-bludgeoned-paul-pelosi-in-2022","authors":["11490"],"categories":["news_8"],"tags":["news_28537","news_17725","news_31923","news_177","news_31916","news_29025"],"featImg":"news_11966873","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. 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