David DePape, Man Convicted of Kidnapping and Assault of Nancy Pelosi's Husband, Demands New Trial Ahead of Sentencing
The unhinged man convicted in the brutal hammer attack against Nancy Pelosi’s husband is demanding a new trial before he is scheduled to be sentenced in April, RadarOnline.com can exclusively reveal.
According to court documents, obtained by RadarOnline.com, David DePape argued his constitutional rights were violated because the government failed to prove he carried out the attack to prevent Pelosi from carrying out her official duties as a member of Congress.
What’s more, DePape, who faces up to 50 years behind bars, claimed the federal judge erroneously instructed jurors to consider the prosecutors’ charge that he plotted to interfere with Pelosi’s official duties.
David DePape seeks a new trial following his conviction of assault and attempted kidnapping.
“The Court must therefore grant Mr. DePape a new trial based on this reversible instructional error, which violated Mr. DePape’s constitutional right to present a defense,” his court-appointed public defender Jodi Linker stated in the 13-page motion.
“[DePape] argued that he did not intend to kidnap Ms. Pelosi on account of the performance of her official duties, and that he did not assault Mr. Pelosi with intent to impede, intimidate, or interfere with Ms. Pelosi while she was engaged in the performance of her official duties, or with intent to retaliate against her on account of the performance of her official duties.”
As RadarOnline.com previously reported, the 42-year-old conspiracy theorist broke into the House Speaker’s Richmond, California mansion in 2002 and viciously attacked Paul Pelosi, 83, after learning the then-House Speaker was not home.
DePape argued prosecutors failed to prove he intended to interfere with Nancy Pelosi's duties during the home invasion.
- Nancy Pelosi's Husband Assault: Prosecutors Fighting Man Convicted of Hammer Attack Over Plea for New Trial
- Nancy Pelosi's Husband's Suspected Attacker Claims He Had 'No Intention of Harming Him,' Got Caught Up in 'Conspiracies'
- Paul Pelosi Attacker David DePape Found GUILTY, Faces Up to 50 Years Behind Bars
The chilling hammer attack, which was caught on police bodycam video, occurred after Paul Pelosi managed to call 911 and tactfully told a dispatcher that a man was in his home looking for the Speaker.
During police questioning DePape railed against Hillary Clinton and accused Nancy of being the “leader of the pack” viciously targeting former President Donald Trump, and then blathered about several right-wing QAnon conspiracy theories, according to Business Insider.
It took jurors just eight hours to find DePape guilty during a November trial where he admitted on the stand that he was “surprised and confused” to learn Nancy was not home and his plan was “basically ruined."
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DePape attacked Paul Pelosi when he learned the then House Speaker was not home
DePape argued he was entitled to the new trial because prosecutors were unable to prove his intent to interfere with Nancy’s duties.
“The Court’s refusal to give this instruction (or any other instruction) defining ‘on account of the performance of official duties’ requires reversal of Mr. DePape’s convictions on both counts because this instruction is both supported by law and has a foundation in the evidence presented at trial,” his lawyer stated.
A hearing on the motion is scheduled for later this month.
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