A federal judge has moved to reopen the sentencing of David DePape, the man convicted in the 2022 hammer attack on Paul Pelosi, due to a judicial error.
DePape was sentenced to 30 years in prison on Friday in the federal trial in which he was accused of assaulting former Speaker Nancy Pelosi’s husband, Paul, in their home and attempting to kidnap him. Prosecutors noticed the error Friday afternoon, not long after the ruling, and notified the court. DePape’s attorneys immediately appealed.
The mistake is unlikely to change DePape’s sentence. Prosecutors had asked for a prison sentence of 40 years.
The judge imposed the maximum for each charge the suspect faced – 30 years for the assault charge, 20 years for the attempted kidnapping charge – to run concurrently. DePape was given credit for time served during the 18 months he was in custody.
After Friday’s hearing, Judge Corley wrote that “no party was brought to the court’s attention” that she had not allowed Mr. DePape to speak, a requirement of federal criminal proceedings. “Since the court failed to do so, it committed clear error,” she wrote.
During the hearing, Christine Pelosi read victim impact statements on behalf of her parents.
In her letter to the court, Nancy Pelosi the judge asked for a “very long” sentence for DePapesaying the attack”[f]caused me great fear and deep pain.” That of Paul Pelosi victim statement to the judge noted that he continues to suffer from dizziness, headaches, balance problems, nerve pain and walking difficulties as a result of the health effects of the brutal attack.
Another hearing is scheduled for later in May.
