Defense in DePape trial admits attack on Paul Pelosi but disputes official retaliation charges

A defense attorney for David DePape admitted that her client attacked the husband of former House Speaker Nancy Pelosi, but argued during the first day of the federal trial against him that his motivation for the assault did not match the charges against him.

Jodi Linker, a defense attorney for DePape, claimed Thursday that his attack on Paul Pelosi was not in response to Nancy Pelosi’s actions in her official capacity as then-speaker of the House. Rather, she argued, it was motivated by his belief that Nancy Pelosi was part of a larger plot to “manipulate the country, to spread lies, and to steal votes from Donald Trump.”

DePape has pleaded not guilty to federal charges in connection with the attack on Paul Pelosi, including assault on the immediate family member of a federal official and the attempted kidnapping of a federal official. He faces a maximum of 30 years and 20 years, respectively, if found guilty on the charges.

“This case here is about the why — the why matters. This case is about whether David acted because of, on account of, Nancy Pelosi’s duties as a member of Congress. He didn’t,” Linker told the jury. “And he only struck Paul Pelosi in a quick moment of despair because the police arrived and his larger plan was thwarted.”

Linker said that DePape had other targets, including actor Tom Hanks, California Gov. Gavin Newsom and a University of Michigan professor.

Prosecutors argued Thursday that DePape “had a plan” when he broke into the Pelosi home. It was “a violent plan to kidnap Nancy Pelosi, to hold her hostage, to break her kneecaps, to teach her a lesson,” said Assistant US Attorney Laura Vartain Horn.

The first witnesses to take the stand included three police officers who responded to the break-in, a police lieutenant who interviewed DePape, and a crime scene investigator. Prosecutors also played video recordings showing the violent incident unfold and audio recordings of a police interview with DePape.

In the recording, DePape said he considered Nancy Pelosi to be “the leader of the pack” in a conspiracy he likened to Watergate.

Among those expected to testify in the trial are Paul Pelosi and the neurosurgeon who treated him for his injuries, court documents show. Nancy Pelosi is not expected to testify, according to court documents.

Jury selection for the trial concluded Monday, said Liz Noteware, director of courtroom operations for the US District Court for the Northern District of California. The trial is scheduled to run through next week.

DePape also pleaded not guilty to a litany of charges in state court, including for assault and attempted murder, among other charges, for breaking into the Pelosis’ home in October of last year and attacking Paul Pelosi with a hammer, according to court documents.

A date for the state trial will be set on November 29, according to the San Francisco District Attorney’s public information officer, Randy Quezada.

Video and audios files released at the order of a California court in January – against the protests of DePape’s lawyers – together with court documents, paint a violent picture of the attack, and the events leading up to it, as it happened inside the Pelosi home.

According to court documents, DePape allegedly woke Paul Pelosi shortly after 2 a.m., carrying a large hammer and several white zip ties, and demanded: “Where’s Nancy? Where’s Nancy?” He then threatened to tie up Paul Pelosi and prevented him from escaping via elevator, according to the documents.

In an audio recording of a San Francisco police officer’s interview of DePape following his arrest, DePape – embracing conspiracy theories about Democrats and the then-House speaker – admitted to attacking Paul Pelosi and described his plans to hold Nancy Pelosi hostage.

Paul Pelosi was able to place a 911 call when he went into his bathroom, where his cell phone was charging. Audio released from that call seemingly depicts Paul Pelosi subtly attempting to tell the dispatcher he was in danger while DePape was listening in.

Body-cam footage from officers who arrived at Pelosi’s home appears to show Paul Pelosi and DePape both with a hand on the hammer and DePape holding Paul Pelosi’s arm when the officers opened the door. When officers demand DePape drop the hammer, he declines, taking the hammer from Paul Pelosi and striking him in the head.

Following the attack, Paul Pelosi underwent surgery “to repair a skull fracture and serious injuries to his right arm and hands,” a spokesman for Nancy Pelosi said at the time. He has made appearances in public as he continues to recover, and Nancy Pelosi in August told CNN’s Jake Tapper he was “making great progress.”

CNN’s Jeffrey Kopp, Jeremy Herb, Jack Hannah, Veronica Miracle and Paul LeBlanc contributed to this report.

This story has been updated with additional reporting.

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