A man who broke into the home of then-House Speaker Nancy Pelosi, intending to hold her hostage, and attacked her husband with a hammer, was sentenced to 30 years in prison on Friday.
However, prosecutors later filed a motion claiming that the court did not allow the defendant, David DePape, a chance “to speak or present any information to lessen the sentence,” as required by federal rules.
They requested the court to reopen the sentencing phase to give him that opportunity. The court has not yet responded.
In November, a jury found DePape, 44, guilty of attempting to kidnap a federal official and assaulting a family member of a federal official. Prosecutors had sought a 40-year prison sentence.
The assault on Paul Pelosi, who was 82 years old at the time, was captured on police body camera footage just days before the 2022 midterm elections and caused significant concern in the political sphere.
Paul Pelosi attends a ceremony (Via Will Gordon/Getty Images)
He sustained two head injuries, including a skull fracture that required plates and screws for his recovery. His right arm and hand were also injured.
Judge Jacqueline Scott Corley sentenced DePape to 20 years for attempted kidnapping and 30 years for assault, the maximum sentence for both charges. The sentences will be served concurrently. DePape was given credit for the 18 months he has already spent in custody.
In their motion to the court later in the day, the U.S. attorney’s office argued that DePape was not given an opportunity to speak before sentencing, which could pose a legal issue.
However, DePape’s defense team opposed bringing him back to court and filed a notice of appeal, according to court filings. Neither the prosecutors nor the defense attorneys immediately responded to requests for comment late on Friday.
