SAN FRANCISCO, CALIFORNIA – David DePape, the man who attacked former House Speaker Nancy Pelosi’s husband with a hammer, asked a Ninth Circuit panel on Wednesday to overturn his federal sentence, arguing that errors during his trial violated his constitutional rights. DePape was convicted in November 2023 of attempting to kidnap a federal official and assaulting the family member of a federal official, following an incident in which he sought to abduct Pelosi and struck her husband, Paul Pelosi, three times on the head with a hammer.
DePape’s defense centered on the jury instructions, which defined “federal officer” but did not clarify “official duties” in relation to Pelosi’s congressional role. Public defender Todd Borden contended that DePape’s alleged motivations were tied to Pelosi’s political roles outside Congress, and that prosecutorial statements dismissing the distinction between political and official acts prejudiced the jury. The defense also challenged the admission of graphic photos and videos of Paul Pelosi’s injuries, arguing they were overly emotional and of limited evidentiary value. Additional claims included the district court’s failure to allow DePape to speak before sentencing, a right with longstanding legal significance. Government attorneys countered that DePape’s intent encompassed Pelosi’s congressional acts and that the evidence admitted was relevant to assessing the severity of the assault. The appellate panel, including judges appointed by both Donald Trump and Joe Biden, heard arguments but has not yet issued a ruling. DePape had previously been sentenced to life without parole in a separate state trial.