A recent order issued by U.S.
District Judge Jacqueline Corley of the Northern District of California will reopen the sentencing hearing for David DePape, the man convicted of assaulting Paul Pelosi.
The decision comes after prosecutors filed a motion on May 17 stating that DePape was not allowed to speak during the initial proceeding, which is required under federal law.
The court’s failure to provide this opportunity for DePape resulted in the revocation of his sentence and the reopening of the hearing.
According to the original sentencing, DePape will serve 20 years for breaking into Pelosi’s home and an additional 30 years for intending to hold former House Speaker Nancy Pelosi hostage.
Both sentences are set to run concurrently, and DePape has been credited for the 18 months he has already spent in custody.
During the original sentencing hearing on May 17, neither the prosecution nor the defense brought up the court’s oversight.
However, Judge Corley acknowledged that it was her responsibility to personally ask DePape if he wished to speak or present any information that could potentially mitigate his sentence.
The failure to do so constituted a “clear error.
Despite the notice of appeal filed by the defense, the court has scheduled the reopened sentencing hearing for May 28 at 9:30 a.m., with a deadline for any response from the defense set for noon on May 22.
Judge Corley emphasized that even though an appeal was filed, the court retains jurisdiction to correct clear errors that enable appellate review.
During the trial, Pelosi testified that he was awakened in his bedroom by DePape asking, “Where’s Nancy?” He stated that upon recognizing the intruder and his weapons, he knew he was in grave danger and attempted to remain calm.
Eventually, Pelosi managed to call the police before being struck with a hammer, sustaining serious injuries including a skull fracture.
In a letter to the judge prior to sentencing, Pelosi detailed that he still has scars from the attack and continues to experience near-daily headaches, dizziness, and difficulty tolerating bright lights or loud noises for extended periods of time.
He requested the maximum sentence of 50 years to be imposed on DePape.
DePape confessed during his testimony that he attacked Pelosi with a hammer after breaking into his residence in the early hours of October 28, 2022.
His plan was to take Nancy Pelosi hostage and “break her kneecaps” if she lied to him.
He intended to wear a unicorn costume and record an interrogation of Pelosi to post online.
Prosecutors sought a 40-year prison sentence for DePape, citing domestic terrorism.
Defense attorneys argued that he was influenced by conspiracy theories and political beliefs.
DePape testified that he planned to target others after Pelosi, including President Joe Biden’s son Hunter Biden, billionaire George Soros, actor Tom Hanks, and California Gov.
Gavin Newsom.
His blog featured anti-Semitic views and opposition to Jesus, as he believed news outlets lied about former President Donald Trump.
DePape was convicted by a federal jury in November 2023.
The Epoch Times has reached out to both the prosecutors and Mr.
DePape’s public defenders for comment on this matter.