Federal Judge Approves Motion to Reopen Sentencing in Paul Pelosi Attacker Case

A federal judge has approved a request to reconsider the sentencing in the trial of David DePape, who was found guilty of attacking Paul Pelosi, the husband of former House Speaker Nancy Pelosi, in 2022. This decision came after DePape was not given the opportunity to address the court during his sentencing hearing on Friday.

The judge has scheduled the resentencing for May 28 at 9:30 a.m.

The court admitted to a mistake in a motion filed on Saturday. It acknowledged that federal rules require the court to allow the defendant to speak before imposing a sentence. During the sentencing proceeding on May 17, 2024, no one mentioned that the court had not given Mr. DePape a chance to speak. It was the court's responsibility to ask Mr. DePape if he wanted to address the court personally. Since this was not done, it was considered a clear error.

On Friday, the judge sentenced DePape to 30 years for assault and 20 years for attempted kidnapping, which would be served concurrently. The same day, federal prosecutors filed a motion to reopen the sentencing specifically to allow the defendant to speak, if he chooses to do so, before the sentencing.

DePape did not have to speak at the hearing, according to the motion. However, it is noted in the record that he was not given the chance to speak. DePape's lawyers informed the prosecutors that they disagreed with the motion. They also submitted a notice of appeal related to the "judgment and sentence" in the case.

In November, DePape was found guilty in a federal court in San Francisco of assaulting a family member of a federal official and attempting to kidnap a federal official.

DePape's lawyers admitted that he did indeed attack 83-year-old Paul Pelosi, but they argued that his reasons for the assault were different from the charges he faced.

During his testimony, DePape shared that he was actually searching for Nancy Pelosi and that her husband was not someone he intended to harm. He expressed feeling shocked and bewildered when he learned that the congresswoman was not present at home.

DePape recounted a conversation with Paul Pelosi, where he told him, "I have other targets, but if you stop me, I'll go through you." He then admitted hitting Pelosi in the head, as his plan was "basically ruined."

Pelosi, who had surgery to fix a skull fracture and injuries to his hand and arm, shared with jurors that his recovery has been tough. "I've tried my best to move forward and not dwell on this," he mentioned during that period.

A state case against DePape that includes charges of attempted murder, burglary and assault is expected to go to trial this summer.

Editor's P/S:

The recent decision to reconsider DePape's sentencing raises concerns about the fairness and adherence to legal procedures in the judicial system. The judge's oversight in failing to provide the defendant an opportunity to speak prior to sentencing constitutes a clear error that has rightfully been recognized. The court's admission of this mistake demonstrates a commitment to rectifying procedural missteps and ensuring due process for all individuals, regardless of the severity of their alleged crimes.

The upcoming resentencing hearing on May 28 presents an opportunity for DePape to exercise his right to address the court and potentially provide additional insights into his motivations and perspective on the incident. While his lawyers have indicated their disagreement with the motion to reopen the sentencing, it is crucial that DePape is given a fair chance to present his case and receive a sentence that is both just and proportionate to the offenses he committed. The legal process must proceed with the utmost integrity and impartiality to maintain public trust in the justice system.