State Trial for Man Who Attacked Nancy Pelosi's Husband Faces Dismissal of Multiple Charges
ICARO Media Group
In a surprising turn of events, the state trial of David DePape, the man who violently attacked former House Speaker Nancy Pelosi's husband, has faced a major setback as multiple charges were dismissed by the presiding judge. The trial, which was expected to closely follow DePape's federal prosecution, now hangs in the balance as attorneys await a response from the California Court of Appeal regarding challenges to the ruling.
During a hearing in San Francisco on Thursday, Judge Harry Dorfman granted some of the defense's arguments related to double jeopardy and threw out charges of attempted murder, assault with a deadly weapon, and elder abuse. The judge stated that since these acts had already resulted in convictions in federal court, it constituted one event and further prosecution on these charges would violate double jeopardy protections.
With the dismissal of these charges, the trial has been put on hold for at least a week while both parties await a response from the California Court of Appeal. The defense was prepared to present their case on Friday, but Assistant District Attorney Sean Connolly requested a stay of proceedings following the judge's ruling. DePape's defense attorneys have indicated that they no longer plan to call mental health expert Dr. Laeeq Evered as a witness, and they have yet to decide whether DePape will testify.
Jurors are now expected to reconvene on June 14, but depending on the response from the state appellate court, further delays may occur. While the defense's request to dismiss two additional counts - first-degree burglary and aggravated kidnapping - was denied by Judge Dorfman, the defense plans to appeal the judge's decision on the aggravated kidnapping charge, which carries a potential life sentence.
Despite the dismissal of multiple charges, DePape still faces other state charges, including false imprisonment of an elder, threatening the family member of a public official, and preventing or dissuading a witness by force or threat. These charges remain unaffected by the double jeopardy arguments.
David DePape, 44, was previously convicted in federal court in November for attempting to kidnap Nancy Pelosi and assaulting her husband during a home invasion in San Francisco. The horrific incident was caught on police body camera footage. DePape was subsequently sentenced to 30 years in federal prison.
The ongoing trial in the San Francisco Superior Court has been shrouded in legal complexities due to the defense's assertion that the federal conviction precludes prosecution for certain acts in state court, citing California's double jeopardy protections. The defense argued that DePape's federal conviction for assault and attempted kidnapping barred his prosecution in state court for the same acts.
The outcome of the state trial now rests on the decision of the California Court of Appeal, which is expected to determine the fate of the remaining charges against DePape. As the case continues to unfold, the impact of this dismissal on the trial's outcome and the pursuit of justice remains uncertain.