Prosecutors are feverishly trying to prevent the man who attacked U.S. Rep. Nancy Pelosi's (D-CA) husband from getting a new trial.
Radar Online reports that, recently, "prosecutors urged a federal judge to reject a motion for a new trial."
This motion for a new trial comes from David DePape, the man who is facing 50 years of imprisonment for his attack on Paul Pelosi.
CBS News, in November 2023, reported, "DePape was found guilty on Thursday, Nov. 16, of attempting to kidnap a federal official and assaulting an immediate family member of a federal official with intent to retaliate against the official, in connection with the October 2022 attack at the couple's San Francisco home."
DePape and his lawyer, as stated, are currently trying to get the judge to grant them a new trial. DePape has argued that he ought to be given a new trial because errors were made in the original trial.
Among other things, DePape's lawyer argues that the judge who oversaw the original case mistakenly instructed the jury to consider the charge that DePape plotted to interfere with Pelosi's congressional duties.
DePape's lawyer also argues that the government should have had to prove that he carried out the attack on Paul Pelosi to prevent Pelosi from performing her congressional duties - but that the government did not.
DePape's lawyer argued:
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
For these reasons, DePape believes that he is entitled to a new trial - to a do-over.
In a court filing of its own, prosecutors attempted to discredit DePape's case for a new trial.
"The defense team was permitted to argue its theory to the jury – that the defendant targeted Speaker Pelosi because he believed she was part of an elite, corrupt cabal and because of her role as the head of the Democratic Party," prosecutors wrote.
They added, "The Court properly instructed the jury on the legal requirements for both charges and the government did not misstate these requirements in its jury addresses. The jury rejected the defense theory of the case and instead convicted [the] defendant."
For these reasons, the prosecution argues that "A new trial is not warranted."
Now, the question is whether the judge will agree with the prosecution or whether it will grant DePape a new trial. We should find out in the not-to-distant future.
