The man convicted of the 2022 gavel attack on Paul Pelosi apologized and was again He was sentenced to 30 years in prison On Tuesday, the sentencing hearing in his case was reopened due to a miscarriage of justice.
David DePape received the sentence, identical to the one he received earlier this month, after being convicted of assaulting former Speaker Nancy Pelosi’s husband in their San Francisco home. DePape was Found guilty of assault and attempted kidnapping in November.
The hearing has been reopened after the judge overseeing the trial made an error during sentencing on May 17 when she did not give DePape an opportunity to make a statement before sentencing.
Prosecutors noticed the error in the afternoon and informed the court. DePape’s lawyers quickly appealed.
Judge Jacqueline Scott Corley wrote at the time that “neither party brought to the attention of the court” that she had not authorized Mr. DePape to speak, a requirement of federal criminal procedures. “As the court failed to do so, it made a clear error,” she wrote.
During Tuesday’s hearing, which lasted just 25 minutes, Corley apologized for not delivering DePape’s speech and overturned the sentence.
DePape then spoke briefly, apologizing for attacking Mr. Pelosi and saying she should have left when he found out Mrs. Pelosi was not there. He also said the call he made to a local TV station from prison after his arrest was a “stupid and immature call.”
After DePape spoke, the judge thanked him for speaking, explained the seriousness of the crime and gave him the same sentence previously handed down.
DePape’s sentence is 30 years for the assault charge and 20 years for the attempted kidnapping charge running concurrently. He was given credit for time served for the 18 months in custody.
As his federal case winds down, DePape faces a trial in state court. A hearing in the state’s case is scheduled for Wednesday.