SAN FRANCISCO (AP) — A federal judge on Wednesday denied a motion to move the trial of a man charged in last year’s attack against former U.S. House Speaker Nancy Pelosi’s husband out of San Francisco, saying she wasn’t convinced the court wouldn’t be able to find impartial and fair jurors in the San Francisco Bay Area.

David DePape’s defense attorneys argued that the intense publicity the case has received means he won’t get a fair trial in the city. They had asked Judge Jacqueline Scott Corley to move the trial to Eureka, a city near the border with Oregon. The federal trial is set to start Nov. 13.

Federal public defender Angela Chuang said local media attention has tainted the pool of jurors. In its motion asking for the change of venue, the defense said a survey it commissioned shows many potential jurors already believe DePape is guilty of the crimes and would be unable to change their minds.

Judge Jacqueline Scott Corley pointed out that the case received national attention and that the defense survey also showed many people in Eureka are also familiar with the details of the case.

She also said it could be hard to find such a jury in Eureka because the population the court could pull from is 326,000, compared to 5.5 million in the Bay Area.

“I agree with you that to ensure Mr. DePape has an impartial jury, we are going to have to pull a lot of jurors and make sure we question them,” Scott Corley said.

“I actually think we will have a way harder time if this case is transferred … because the number of people we’re pulling from is a magnitude smaller,” she added.

Prosecutors say DePape broke into the Pelosis’ San Francisco home on Oct. 28 seeking to kidnap the former speaker — who was out of town — and instead beat her 83-year-old husband, Paul, with a hammer. The violence sent shockwaves through the political world.

DePape, 43, pleaded not guilty to federal charges of attempting to kidnap a federal official and assaulting a federal official’s family member. He also pleaded not guilty to state charges, including attempted murder, burglary and elder abuse. He remains jailed without bail. The state trial hasn’t been scheduled.

Chuang and federal public defender Jodi Linker also said in their motion they fear potential jurors in San Francisco could be biased against DePape because Nancy Pelosi, who has represented the city in Congress since 1987, remains a popular figure in the Bay Area.

Eureka is in rural Humboldt County and is politically more conservative.

They said Bay Area media outlets have extensively covered the case and played video footage of the assault on Paul Pelosi, the 911 call, and a police interview of DePape shortly after his arrest.

Footage of the attack was released to the public in January after a California judge denied prosecutors’ request to keep it secret.

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SAN FRANCISCO — A federal judge on Wednesday denied a motion to move the trial of a man charged in last year’s attack against former U.S. House Speaker Nancy Pelosi’s husband at their San Francisco home, saying she wasn’t convinced the court wouldn’t be able to find impartial and fair jurors in the San Francisco Bay Area.

David DePape’s defense attorneys argued that the intense publicity the case has received means he won’t get a fair trial in the city. They had asked Judge Jacqueline Scott Corley to move the trial to Eureka, a city near the border with Oregon. The federal trial is set to start Nov. 13.

Federal public defender Angela Chuang said local media attention has tainted the pool of jurors. In its motion asking for the change of venue, the defense said a survey it commissioned shows many potential jurors already believe DePape is guilty of the crimes and would be unable to change their minds.

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Judge Jacqueline Scott Corley pointed out that the case received national attention and that the defense survey also showed many people in Eureka are also familiar with the details of the case.

She also said it could be hard to find such a jury in Eureka because the population the court could pull from is 326,000, compared to 5.5 million in the Bay Area.

“I agree with you that to ensure Mr. DePape has an impartial jury, we are going to have to pull a lot of jurors and make sure we question them,” Scott Corley said.

“I actually think we will have a way harder time if this case is transferred … because the number of people we’re pulling from is a magnitude smaller,” she added.

Prosecutors say DePape broke into the Pelosis’ San Francisco home on Oct. 28 seeking to kidnap the former speaker — who was out of town — and instead beat her 83-year-old husband with a hammer. The violence sent shockwaves through the political world.  

DePape, 43, pleaded not guilty to federal charges of attempting to kidnap a federal official and assaulting a federal official’s family member. He also pleaded not guilty to state charges, including attempted murder, burglary and elder abuse. He remains jailed without bail. The state trial hasn’t been scheduled.

Chuang and federal public defender Jodi Linker also said in their motion they fear potential jurors in San Francisco could be biased against DePape because Nancy Pelosi, who has represented the city in Congress since 1987, remains a popular figure in the Bay Area.

Eureka is in rural Humboldt County and is politically more conservative.

They said Bay Area media outlets have extensively covered the case and played video footage of the assault on Paul Pelosi, the 911 call, and a police interview of DePape shortly after his arrest.

Footage of the attack was released to the public in January after a California judge denied prosecutors’ request to keep it secret.

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As an increasing number of landlords face foreclosure or sell off their properties at a steep discount, the U.S. Supreme Court has dashed their hopes of finding relief from rent regulation.

The court on Monday declined to hear landlord groups’ challenge to New York’s rent stabilization law. 

The Rent Stabilization Association, the Community Housing Improvement Program and a few individual landlords filed a petition in May, asking the court to consider arguments that the state’s rent stabilization represents an unlawful taking of property without just compensation. 

The decision thwarts the hopes of struggling landlords and means any relief is likely up to state lawmakers. That is an iffy proposition at best.

The legal petition claimed that landlords are forced to provide “public assistance” to tenants through low rents, lease renewals and succession rights. The city’s Rent Guidelines Board, which determines annual rent increases for stabilized apartments, considers tenants’ ability to pay rent, which has led to “a widening gap between owner costs and regulated rents,” the petition states. 

The groups claim that the rent law fails to actually address the state’s housing crisis while placing “the burden of rectifying a societal problem on a select minority of property owners.” New York City has about 900,000 rent-stabilized units and its suburbs have perhaps 100,000 more.

Extensive changes to the state’s rent law in 2019 further restricted how and when landlords can increase rent on stabilized apartments and when apartments can be taken back by the owner.

Landlords have blamed those changes for their inability to renovate apartments needing extensive repairs, resulting in tens of thousands of units being removed from the market and building revenue failing to keep up with expenses.

Defenders of the law say landlords purchased their buildings knowing they were subject to further regulation by lawmakers, and if the 2019 reform cost them money, that does not make it unconstitutional.

Foreclosure filings are on the rise as property owners struggle to pay off their debt, and high interest rates spell trouble for those with impending loan maturities. 

The Supreme Court challenge was a long shot, given the court’s history of declining rent control cases and the tiny fraction of cases that are heard by the high court each year.  

Even the court’s conservative majority was not enough to push the case forward. Four votes among the nine justices were needed to hear the case. 

“While we were hopeful a broad facial challenge would have delivered the most relief to the most owners as quickly as possible, we remain convinced that the law is irrational and vulnerable to more specific challenges,” Jay Martin, CHIP’s executive director, said in a statement. “One way or another this law must go down. Its current form is destroying New York’s housing.”

In a joint statement, CHIP and RSA called the decision “a signal to bring more targeted challenges to specific provisions of the law illustrating direct impacts on housing providers.”

The landlords’ arguments relied on a 2021 decision by the high court in Cedar Point Nursery v. Hassid. In that case, the court found a California law unconstitutional because it required employers to allow union organizers onto their property for up to three hours.

The groups filed their lawsuit in July 2019, intent on eventually bringing their claims before the Supreme Court. Lower courts rejected their arguments.

Two other similar petitions challenging the state’s rent law could still be picked up by the high court, though the odds are against them as well. The Legal Aid Society, which opposed the landlord groups’ petition, said it was hopeful that the other two cases will meet a similar fate.

“We welcome this decision, one rooted in the law and long-standing legal precedent, from the Supreme Court denying CHIP’s meritless and frivolous lawsuit challenging our city’s rent stabilization laws,” the group said in a statement.

Other states were watching this case closely, with some landlords hoping a Supreme Court ruling would require changes to rent control beyond New York. 

In an amicus curiae brief in support of the landlord groups, the California Business Roundtable cited California’s 2019 cap on rent increases, pointing to Los Angeles and San Francisco as “some of the most burdensome rent-control regimes in the country.”

“Some of California’s largest cities … contain many of the same troubling features that petitioners challenge here — e.g., substantial restraints on a property owner’s ability to remove tenants, to reclaim units for personal use, to withdraw units from the market, and to charge fair-market rates,” the brief states. 

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A federal judge on Wednesday denied a motion to move the trial of a man charged in last year’s attack against former U.S. House Speaker Nancy Pelosi’s husband out of San Francisco, saying she wasn’t convinced the court wouldn’t be able to find impartial and fair jurors in the San Francisco Bay Area.

David DePape’s defense attorneys argued that the intense publicity the case has received means he won’t get a fair trial in the city. They had asked Judge Jacqueline Scott Corley to move the trial to Eureka, a city near the border with Oregon. The federal trial is set to start Nov. 13.

Federal public defender Angela Chuang said local media attention has tainted the pool of jurors. In its motion asking for the change of venue, the defense said a survey it commissioned shows many potential jurors already believe DePape is guilty of the crimes and would be unable to change their minds.

Judge Jacqueline Scott Corley pointed out that the case received national attention and that the defense survey also showed many people in Eureka are also familiar with the details of the case.

She also said it could be hard to find such a jury in Eureka because the population the court could pull from is 326,000, compared to 5.5 million in the Bay Area.

“I agree with you that to ensure Mr. DePape has an impartial jury, we are going to have to pull a lot of jurors and make sure we question them,” Scott Corley said.

“I actually think we will have a way harder time if this case is transferred … because the number of people we’re pulling from is a magnitude smaller,” she added.

Prosecutors say DePape broke into the Pelosis’ San Francisco home on Oct. 28 seeking to kidnap the former speaker — who was out of town — and instead beat her 83-year-old husband, Paul, with a hammer. The violence sent shockwaves through the political world.

DePape, 43, pleaded not guilty to federal charges of attempting to kidnap a federal official and assaulting a federal official’s family member. He also pleaded not guilty to state charges, including attempted murder, burglary and elder abuse. He remains jailed without bail. The state trial hasn’t been scheduled.

Chuang and federal public defender Jodi Linker also said in their motion they fear potential jurors in San Francisco could be biased against DePape because Nancy Pelosi, who has represented the city in Congress since 1987, remains a popular figure in the Bay Area.

Eureka is in rural Humboldt County and is politically more conservative.

They said Bay Area media outlets have extensively covered the case and played video footage of the assault on Paul Pelosi, the 911 call, and a police interview of DePape shortly after his arrest.

Footage of the attack was released to the public in January after a California judge denied prosecutors’ request to keep it secret.

The post Decide rejects shifting trial of man charged in Nancy Pelosi’s husband assault out of San Francisco appeared first on DAILY SAN FRANCISCO BAY NEWS.

SAN FRANCISCO – A federal judge on Wednesday denied a motion to move the trial of a man charged in last year’s attack against former U.S. House Speaker Nancy Pelosi’s husband out of San Francisco, saying she wasn’t convinced the court wouldn’t be able to find impartial and fair jurors in the San Francisco Bay Area.

David DePape’s defense attorneys argued that the intense publicity the case has received means he won’t get a fair trial in the city. They had asked Judge Jacqueline Scott Corley to move the trial to Eureka, a city near the border with Oregon. The federal trial is set to start Nov. 13.

Federal public defender Angela Chuang said local media attention has tainted the pool of jurors. In its motion asking for the change of venue, the defense said a survey it commissioned shows many potential jurors already believe DePape is guilty of the crimes and would be unable to change their minds.

Judge Jacqueline Scott Corley pointed out that the case received national attention and that the defense survey also showed many people in Eureka are also familiar with the details of the case.

She also said it could be hard to find such a jury in Eureka because the population the court could pull from is 326,000, compared to 5.5 million in the Bay Area.

“I agree with you that to ensure Mr. DePape has an impartial jury, we are going to have to pull a lot of jurors and make sure we question them,” Scott Corley said.

“I actually think we will have a way harder time if this case is transferred … because the number of people we’re pulling from is a magnitude smaller,” she added.

Prosecutors say DePape broke into the Pelosis’ San Francisco home on Oct. 28 seeking to kidnap the former speaker — who was out of town — and instead beat her 83-year-old husband, Paul, with a hammer. The violence sent shockwaves through the political world.

DePape, 43, pleaded not guilty to federal charges of attempting to kidnap a federal official and assaulting a federal official’s family member. He also pleaded not guilty to state charges, including attempted murder, burglary and elder abuse. He remains jailed without bail. The state trial hasn’t been scheduled.

Chuang and federal public defender Jodi Linker also said in their motion they fear potential jurors in San Francisco could be biased against DePape because Nancy Pelosi, who has represented the city in Congress since 1987, remains a popular figure in the Bay Area.

Eureka is in rural Humboldt County and is politically more conservative.

They said Bay Area media outlets have extensively covered the case and played video footage of the assault on Paul Pelosi, the 911 call, and a police interview of DePape shortly after his arrest.

Footage of the attack was released to the public in January after a California judge denied prosecutors’ request to keep it secret.

Copyright 2023 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

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A federal judge has denied a motion to move the trial of a man accused of assaulting the husband of former US House Speaker Nancy Pelosi last year from San Francisco

From

OLGA R. RODRIGUEZ Associated Press

Jul 19, 2023 6:47 am ET

• 3 minutes read

SAN FRANCISCO — A federal judge on Wednesday denied a request to move the trial of a man accused last year of assaulting the husband of former House Speaker Nancy Pelosi out of San Francisco, saying she was not satisfied the San Francisco Bay Area court could not find an impartial and fair jury.

Defense attorneys for David DePape argued that the intense publicity the case received meant it would not receive a fair trial in the city. They had asked Judge Jacqueline Scott Corley to move the trial to Eureka, a town near the Oregon border. The federal trial is scheduled to begin on November 13.

Federal Defense Attorney Angela Chuang said the attention of the local media affected the jury circuit. In its motion to change jurisdiction, the defense said a poll it commissioned shows that many potential jurors are already convinced that DePape is guilty of the crimes and are unable to change their minds.

Judge Jacqueline Scott Corley noted that the case had drawn national attention and that the defense survey also showed that many people in Eureka were familiar with the details of the case.

She also said finding such a jury in Eureka might be difficult because the population the court could recruit from is 326,000, compared to the Bay Area’s 5.5 million.

“I agree that in order to ensure Mr. DePape has an impartial jury, we need to gather a lot of jurors and make sure we question them,” Scott Corley said.

“I actually think that if this case transfers, we’re going to have a much harder time…because the number of people we pull off is a lot smaller,” she added.

Prosecutors say DePape broke into the Pelosis’ San Francisco home on Oct. 28 to kidnap the former speaker, who was out of town, and instead hit her 83-year-old husband Paul with a hammer. The violence shook the political world.

DePape, 43, pleaded not guilty to attempted kidnapping of a federal agent and assaulting a federal agent’s family member. He also pleaded not guilty to state charges including attempted murder, burglary and elder abuse. He remains in prison without bail. The state trial is not scheduled.

Chuang and federal defense attorney Jodi Linker also said in their filing that they worry potential San Francisco jurors may be biased toward DePape because Nancy Pelosi, who has represented the city in Congress since 1987, remains a popular Bay Area figure.

Located in rural Humboldt County, Eureka is more politically conservative.

They said Bay Area media reported extensively on the case, playing video footage of the attack on Paul Pelosi, calling 911 and a police interview with DePape shortly after his arrest.

Footage of the attack was released to the public in January after a California judge denied prosecutors’ request for secrecy.

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A jury rejected a handyman who claimed that he injured his neck and a shoulder in a fall while renovating a Miami home.

On March 28, 2019, plaintiff Eduardo Rivero, 47, a handyman, worked at a residence that was located at 2901 SW 67th Ave., in Miami. The home was undergoing extensive renovation. Rivero claimed that he fell into a hole in an unfinished floor. He claimed that he suffered injuries of his neck and a shoulder.

Rivero sued the home’s owner, Cesi Properties Inc. The lawsuit alleged that Cesi Properties’ president, Cesar Rodriguez Sotolongo, negligently created a dangerous condition that caused Rivero’s fall. The lawsuit further alleged that Cesi Properties was vicariously liable for Sotolongo’s actions.

Rivero claimed that, while he was working on a ladder, installing a beam, Sotolongo removed plywood that had been covering the hole. Rivero claimed that, when he descended the ladder, he inadvertently stepped backward, into the hole. He claimed that he sunk about six feet but secured himself before completely descending through the hole.

Sotolongo claimed that he was not involved in the accident or at the premises when the accident was said to have occurred.

Defense counsel contended that Rivero should have avoided the hole. Defense counsel also suggested that Rivero fabricated the accident. Rivero had been disabled and unable to work for about a year but had resumed working shortly prior to the date on which the accident was said to have occurred. Defense counsel argued that Rivero may have resumed working with the intent of fabricating an accident, for the purpose of initiating a lawsuit.

Rivero visited HCA Florida Kendall Hospital in Miami. He underwent minor treatment.

Rivero ultimately claimed that he suffered a comminuted, nondisplaced fracture of his left, nondominant arm’s shoulder. The fracture involved the head of the left arm’s humerus. Rivero also claimed that he suffered a tear of the same shoulder’s glenoid labrum; a mild tear of the same shoulder’s subscapularis tendon, which is a component of the rotator cuff; herniations and annular-tissue tears of his C2-3, C4-5 and C6-7 intervertebral discs; a herniation of his C3-4 disc; and trauma that disrupted the cervical lordosis, which is the normal curvature of the spine’s cervical region.

He claimed that each herniation disc caused impingement of a spinal nerve. He also claimed that his left shoulder’s rotator cuff developed tendinopathy, and he further claimed that the shoulder developed bursitis.

Rivero’s left shoulder’s injuries were addressed via his use of a sling, which was discarded after some six months had passed. His remaining injuries were addressed via about five weeks of chiropractic treatment.

Rivera claimed that his left shoulder experiences excruciating residual pain that restricts his performance of physical activities. He also claimed that he required further treatment. He sought recovery of future medical expenses, and he sought recovery of damages for past and future pain and suffering.

Defense counsel contended that Rivero’s left shoulder’s fracture predated Rivero’s work at Cesi Properties’ premises. Text messages sent by Rivero during the four months that preceded the job, referenced injuries of Rivero’s left arm and shoulder. Defense counsel also noted that the fracture was not deemed acute when it was diagnosed.

Defense counsel further contended that Rivero’s herniated discs were degenerative conditions that also predated Rivero’s work at Cesi Properties’ premises.

The jury rendered a defense verdict. It found no evidence of negligence attributable to Cesi Properties.

Verdict: defence

case: Edward Rivero v. Cesi Properties, Inc, no. 2019-021138-CA-01

Court: Miami-Dade County Circuit Court, 11th

judge: William Thomas

dates: 2/22/2022

Plaintiff Attorney: Michael P Weisberg; Weisberg and Weisberg; Miami, FL

Defense Attorney: Martyn Verster; Martyn WD Verster, PA; Miami, FL

Demand: $100,000

Offer: $5,000

Plaintiff Expert: Gregory Mazzotta DC, chiropractic, Miami, FL

Defense Experts: None reported

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