A federal judge will reopen the sentencing hearing for the man convicted of assaulting Paul Pelosi after the judge failed to let him speak during last week’s sentencing hearing.
The decision comes just days after Judge Jacqueline Scott Corley sentenced David DePape to 30 years in prison for breaking into the California home of Pelosi.
DePape was convicted in the attack on the husband of former House Speaker Nancy Pelosi (D-Calif.) and was also sentenced to 20 years for trying to kidnap Pelosi.
The two sentences are to run simultaneously, and DePape will receive credit for the 18 months he has already served.
In a filing over the weekend, Corley said there was a “clear error” after she failed to allow DePape to speak during the Friday hearing. A new hearing was scheduled for May 28.
While neither federal prosecutors nor DePape’s defense team mentioned Corley’s error in the hearing, prosecutors filed a motion hours later stating the court failed to give DePape the opportunity to “speak or present any information to mitigate the sentencing,” in violation of a federal rule.
The prosecutors asked the court to reopen the sentencing hearing, noting the court has 14 days to correct the sentencing.
The prosecutors noted, however, that DePape’s defense team filed an appeal shortly after Friday’s sentencing and opposed the motion to bring him back to court.
The Hill has reached out to the prosecutors and DePape’s attorney for comment.
DePape, 44, was convicted last year for the 2022 assault, in which he attacked Paul Pelosi with a hammer.
In court last fall, he offered an apology for his actions.
He told the court he went to the couple’s home to talk to the former Speaker about alleged Russian involvement in the 2016 election, and that he planned to wear a costume and post his interrogation of her online.
DePape told police last year he believed there was “evil in Washington” and that he looked to harm Pelosi because she was second in line for the presidency, according to an Associated Press report, citing a San Francisco police investigator.
He said he felt bad after hearing testimony from a neurosurgeon who operated on Pelosi after the attack and described Pelosi’s injuries on the stand.
“He was never my target, and I’m sorry that he got hurt,” DePape said at the time.
The Department of Justice was seeking a 40-year sentence for DePape, demanding the maximum penalties for the counts.
Before DePape was sentenced last week, Paul Pelosi detailed the challenges he faced following the incident in a filing to Corley.
“My head injuries continue to affect my life. My hair grew back — but I have bumps on my head from the hammer blows and a metal plate from skull surgery. The dizziness has not gone away,” Pelosi wrote to Corley. “It has taken many months to reclaim my home and well-being. Even so, we do not answer our landline phone or our front door due to ongoing threats.”
“I ask that you consider the premeditated kidnapping of my wife, the vicious assault on my life, and the ongoing physical and mental injuries caused by the defendant and sentence him to the fullest extent the law provides,” he added in a victim impact statement filed last Friday.