David DePape sentencing hearing set to be reopened after court error

The man convicted in the 2022 hammer attack on Paul Pelosi will appear in court Tuesday, as the sentencing hearing in his case is being reopened due to a court error.

A federal judge sentenced David DePape to 30 years after being found guilty of assaulting the husband of former Speaker Nancy Pelosi in their San Francisco home. DePape was convicted of assault and attempted kidnapping charges.

During the hearing on May 17, the judge overseeing the trial made an error in sentencing when she did not give DePape the opportunity to make a statement before sentencing.

Prosecutors noticed the mistake that afternoon and notified the court. DePape’s lawyers promptly filed an appeal.

Judge Jacqueline Scott Corley wrote, “no party brought to the court’s attention” that it had not allowed Mr. DePape to speak, a requirement of federal criminal procedures. “As the court did not do so, it committed clear error,” she wrote.      

At Tuesday’s hearing, DePape would have the option to speak.  

The error is unlikely to alter his sentence, which consists of 30 years for the assault charge and 20 years for the attempted kidnapping charge being run concurrently. DePape was given credit for time served for the 18 months he has been in custody.

State charges against DePape are pending.