The man convicted in the 2022 hammer attack on Paul Pelosi will appear in court on Tuesday as the sentencing hearing in his case is reopened due to a judicial error.
a federal judge sentenced David DePape to 30 years after being found guilty of assaulting former Speaker Nancy Pelosi’s husband in their San Francisco home. DePape was convicted of assault and attempted kidnapping.
During the May 17 hearing, the judge overseeing the trial made a sentencing error when she did not give DePape the opportunity to make a statement before sentencing.
Prosecutors noticed the error that afternoon and notified the court. DePape’s attorneys immediately appealed.
Judge Jacqueline Scott Corley wrote, “No party has been 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.
DePape would have the opportunity to speak during Tuesday’s hearing.
The mistake is unlikely to change his sentence, which consists of 30 years for the assault charge and 20 years for the attempted kidnapping charge. DePape was given credit for time served during the 18 months he was in custody.
State charges against DePape are pending.
