Paul Pelosi attacker still due in SF court amid resentencing drama

It remains unclear how David DePape’s federal resentencing, stemming from his conviction of striking the husband of longtime San Francisco congresswoman Nancy Pelosi in the head with a hammer, will impact his looming state trial.

U.S. District Judge Jacqueline Scott Corley reset DePape’s federal sentencing hearing Saturday after realizing she didn’t give the 44-year-old a chance to speak during his sentencing hearing the previous day. She wrote in court filings that neither the prosecution nor the defense brought attention to the initial omission, which she called a “clear error.”

Jury selection was set for Wednesday in DePape’s state trial, six days before his federal resentencing. DePape faces state charges of attempted murder, first-degree residential burglary, elder abuse, assault with a deadly weapon, false imprisonment and threatening a family member of a public official. He pleaded not guilty in December 2022 .

As of press time Monday, DePape was still set for a San Francisco Superior Court hearing Tuesday morning, according to publicly available court calendars and the San Francisco Sheriff’s Office locator. The San Francisco District Attorney’s Office did not respond to multiple requests for comment prior to publication, nor did DePape’s lawyers.

U.S. Attorney’s Office spokesperson Abraham Simmons told The Examiner that DePape’s May 28 federal resentencing will require him to be physically present in the courtroom.

“Other than whatever scheduling issues that might cause, I have no information about any effect the federal proceedings will have on the state proceedings,” he said.

Corley sentenced DePape last week to 20 years in prison for the attempted kidnapping of a federal official and 30 years for assault on the immediate family member of a federal official with intent to retaliate against the official for performance of their duties, ordering him to serve the sentences concurrently. He received credit for the 18 months he had already spent in federal custody.

Though DePape was not legally required to speak by law before his sentencing, Corley wrote in filings that “it was the Court’s responsibility to personally ask Mr. DePape if he wanted to speak.”

“As the Court did not do so, it committed clear error,” she added.

In the hours following Corley’s ruling, prosecutors brought attention to the fact that DePape didn’t get to speak before he was sentenced. DePape’s defense said they didn’t support bringing DePape back to court, federal prosecutors wrote in a filing, and his attorneys separately appealed Friday’s verdict .

In court filings, Corley said that the May 28 hearing will give DePape the chance “to speak should he wish.” DePape and his team have until noon Wednesday to respond to the order.