Amy Larson and Haaziq Madyun
4 days ago
SAN FRANCISCO (CRON) — An attempted murder trial of David DePape will go ahead in San Francisco after a federal judge on Wednesday denied defense attorneys’ motions.
DePape was arrested Oct. 28 for allegedly assaulting the husband of then-House Speaker Nancy Pelosi with a hammer at Pelosi’s Pacific Heights home. DePape confessed to San Francisco police investigators that he broke into the home in the middle of the night in an attempt to break Nancy Pelosi’s kneecaps.
But the Democratic politician wasn’t home that night, so DePape attacked Paul Pelosi instead, he told police. Two body cameras from the SFPD officers recorded the attacker striking Paul Pelosi in the head with the hammer.
Speaker of the House Nancy Pelosi of California and her husband Paul Pelosi attend the 45th Kennedy Center Honors on December 4, 2022 in Washington. (AP Photo/Manuel Balce Ceneta)
The hammer attack made headlines across the country. On Wednesday, DePape’s defense attorney argued that the only way to ensure a fair trial and find an unconvicted jury was to move the trial out of the Bay Area. Defense attorneys requested that the upcoming trial be held in Eureka, where future jurors would likely know less about the case.
DePape’s Public Defender, Jodi Linker, alleged that media promotions in the San Francisco Bay Area, including KRON4, were inflammatory and pervasive.
David DePape (right) records Gypsy Taub’s nude wedding in front of City Hall on December 19, 2013 in San Francisco. (AP Photo/Eric Risberg)
Linker wrote in a request to change the venue, “Video footage of the incident was released to local media, as was an audio recording of a police interrogation that took place shortly after Mr. DePape’s arrest, during which he made incriminating statements.” Local media has also focused on Mr. DePape’s alleged bigoted political beliefs, further poisoning the Bay Area well. And polls show that a very high proportion of potential Bay Area jurors believe Mr. DePape is already guilty.”
“The extensive, biased and inflammatory media coverage in the Bay Area of Mr. DePape’s alleged criminal conduct; the unique local prominence of Nancy Pelosi; the release and broadcast of a recording of Mr. DePape’s confession during police interrogation; and the relatively short time elapsed between this incident and the hearing warrant the change of jurisdiction from the San Francisco division of that court,” Linker wrote.
FBI agents and police investigate Nancy Pelosi’s large home in San Francisco on October 28, 2022 following the home invasion. (AP Photo/Eric Risberg)
According to Linker, Bay Area media outlets have portrayed the defendant as a “right-wing hate advocate” who holds racist, anti-Semitic, misogynist, Islamophobic and homophobic beliefs.
U.S. District Judge Jacqueline Scott Corley disagreed and denied the motion to change jurisdiction. “I don’t think it’s even necessary,” Corley said.
SFPD Officer Kyle Cagney responded to Paul Pelosi’s 911 call. In this December 2002 court sketch, Cagney holds up a gavel used in the attack. (sketch by Vicki Behringer)
The judge noted that the hammer attack on Paul Pelosi drew national media attention and the case involved Nancy Pelosi, a national political figure. The judge also noted that the Bay Area jury pool had a population of 5.5 million, while Eureka had only 300,000 available residents.
DePape pleaded not guilty to federal and state charges including attempted murder, burglary and elder abuse.
DePape told investigators he was on a “suicidal mission” to fight tyranny and corruption in Congress. SFPD Lieutenant Carla Hurley said when she questioned DePape, he revealed he had other political agendas.
During a taped confession with Hurley, DePape said he planned to kidnap Hunter Biden, who lives in Malibu, California, and target California Gov. Gavin Newsom.
