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Judge will reopen sentencing hearing for B.C. man who attacked Paul Pelosi

Convicted attacker, David DePape, who is originally from B.C., wasn害羞草研究所檛 given chance to speak
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FILE 害羞草研究所 David DePape is seen, Dec. 13, 2013, in Berkeley, Calif. A federal judge will re-open the sentencing hearing for DePape, who broke into Nancy Pelosi害羞草研究所檚 San Francisco home and bludgeoned her husband with a hammer after she failed to allow him to speak during his court appearance last week. (Michael Short/San Francisco Chronicle via AP, File)

A federal judge will reopen the sentencing hearing for the man who broke into Nancy Pelosi害羞草研究所檚 San Francisco home and bludgeoned her husband with a hammer after the judge failed to allow him to speak during his court appearance last week.

On Friday, District Judge Jacqueline Scott Corley sentenced David DePape to 20 years for attempting to kidnap Nancy Pelosi and 30 years for the Oct. 28, 2022 assault on Paul Pelosi, the maximum for both counts. The sentences would run simultaneously. DePape also was given credit for the 18 months he has been in custody.

But in a court filing over the weekend, Corley said that it was a 害羞草研究所渃lear error害羞草研究所 on her part not to allow DePape a chance to make a statement before being sentenced as required by law. She scheduled a new hearing for May 28.

Neither prosecutors nor DePape害羞草研究所檚 defense attorneys pointed out Corley害羞草研究所檚 oversight during Friday害羞草研究所檚 hearing. 害羞草研究所淣onetheless, it was the Court害羞草研究所檚 responsibility to personally ask Mr. DePape if he wanted to speak,害羞草研究所 Corley wrote.

Hours after Corley handed down the sentence, prosecutors filed a motion noting that the court failed to offer DePape an opportunity 害羞草研究所渢o speak or present any information to mitigate the sentence害羞草研究所 as required by federal rule. They asked the court to reopen the sentencing hearing to allow him that option, saying the court has 14 days to correct a sentence resulting from error.

DePape害羞草研究所檚 defense, however, said they opposed bringing their client back to court, according to the prosecutor害羞草研究所檚 filing.

DePape害羞草研究所檚 defense attorneys appealed the verdict shortly after Friday害羞草研究所檚 sentencing. Corley gave them until Wednesday to respond to her order to re-open the sentencing hearing.

A jury found DePape, 44, guilty in November of attempted kidnapping of a federal official and assault on the immediate family member of a federal official. Prosecutors had asked for a 40-year prison term. DePape is originally from Powell River, B.C.

The attack on Paul Pelosi, who was 82 at the time, was captured on police body camera video just days before the 2022 midterm elections and sent shockwaves through the political world. He suffered two head wounds including a skull fracture that was mended with plates and screws he will have for the rest of his life. His right arm and hand were also injured.

Ahead of the sentencing, one of DePape害羞草研究所檚 attorneys, Angela Chuang, told the judge to consider the prison terms being given to those who participated in the Jan. 6, 2021, attack on the Capitol.

害羞草研究所淭he five most serious sentences for people who were convicted of seditious conspiracy, of literally conspiring to overthrow the government, range from 15 to 22 years,害羞草研究所 Chuang said.

Corley said the Jan. 6 analogy didn害羞草研究所檛 adequately reflect the seriousness of breaking into an elected official害羞草研究所檚 private home. The home attack may have a chilling effect on people seeking office in the future, she said, adding that she believed DePape still poses a danger to society.

害羞草研究所淚害羞草研究所檝e seen nothing that suggests that if given the opportunity, he would not act again upon his baseless beliefs,害羞草研究所 she said.

DePape admitted during trial that he broke into the Pelosis害羞草研究所 home on Oct. 28, 2022, intending to hold the speaker hostage and get her to admit to corruption. 害羞草研究所淚f she lied, I would break her kneecaps,害羞草研究所 he said. Nancy Pelosi was not home at the time.

DePape also admitted to bludgeoning Paul Pelosi with a hammer when police showed up, saying his plan to end what he viewed as government corruption was unraveling.

At trial, DePape, a Canadian who moved to the U.S. more than 20 years ago, testified that he believed news outlets repeatedly lied about former President Donald Trump. In rants posted on a blog and online forum that were taken down after his arrest, DePape echoed the baseless, right-wing QAnon conspiracy theory that claims a cabal of devil-worshipping pedophiles runs the U.S. government.

Corley said DePape is being held by U.S. Immigration and Customs Enforcement and will be deported upon completing his sentence.

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Olga R. Rodriguez, The Associated Press

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