Judge cites error, will reopen sentencing hearing for man who attacked Nancy Pelosi's husband

A federal judge will reopen the sentencing hearing for the man who broke into Nancy Pelosi's 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.

A federal judge will reopen the sentencing hearing for the man who broke into Nancy Pelosi's 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 “clear error” 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's defence attorneys pointed out Corley's oversight during Friday's hearing. “Nonetheless, it was the Court’s responsibility to personally ask Mr. DePape if he wanted to speak,” Corley wrote.

Hours after Corley handed down the sentence, prosecutors filed a motion noting that the court failed to offer DePape an opportunity “to speak or present any information to mitigate the sentence” 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’s defence, however, said they opposed bringing their client back to court, according to the prosecutor's filing.

DePape's defence attorneys appealed the verdict shortly after Friday's sentencing. Corley gave them until Wednesday to respond to her order to re-open the sentencing hearing.