'Inflammatory:' Nancy Pelosi's Husband's Alleged Assaulter Demands Hammer Attack Video Not Be Shown in Trial
Nov. 3 2023, Published 12:30 p.m. ET
The man accused of busting into Nancy Pelosi home wants the federal judge to toss out the police bodycam video evidence of the dramatic hammer attack on her husband, RadarOnline.com can exclusively reveal.
Lawyers for suspect David DePape claimed the videos are unnecessary since their client plans to admit to walloping Paul Pelosi, 83, during the October 2022 home invasion attack.
His counsel called the dramatic images “inflammatory and sensationalist."
David DePape faces assault and attempted kidnapping charges for the October 2022 home invasion at Nancy Pelosi's house.
“Given Mr. DePape’s offer to stipulate, there is no need for the government to offer graphic images in evidence to prove either the dangerous-weapon or injury element; the only conceivable reason the government may have for offering the graphic videos and photographs is for their inflammatory and sensationalist effect on the jury,” stated the motion to eliminate the footage from the upcoming trial.
DePapes’ team claimed prosecutors want to use the video to slam the unhinged 43-year-old with the maximum sentence for the assault. Depape was also charged with attempted kidnapping of a federal official for political motives since he barged into Pelosi’s San Francisco home seeking out the then House Speaker.
DePape who smashed Pelosi's husband with a hammer does want jurors to see the video of the attack.
DePape faces up to 50 years in federal prison if convicted. The horrifying video showed police officers gingerly trying to convince DePape to surrender before he turned and smashed Paul on the head and fractured his skull.
DePape lawyers argued the testimony of the police officers, the medical records and Paul’s firsthand account of the attack is enough to prove the point – without showing the actual assault because it would be “unfairly prejudicial” is seen by jurors.
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DePape's lawyers argued he is willing to "stipulate" the attack occurred.
“The government can, therefore, prove the core elements of the assault by showing only the events that happened in the seconds preceding Mr. Pelosi falling to the floor,” the court documents stated. “And because police officers tackled Mr. DePape to the floor and apprehended him immediately after the incident with Mr. Pelosi, any further conduct after that point is irrelevant to either the assault or kidnapping offenses.”
DePape's lawyers claimed the video is inflammatory and prejudicial.
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While copping to the assault charge, the defense team hopes to beat the attempted kidnapping charge by claiming the powerful California Rep. was not home at the time of the home invasion.
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