SAN FRANCISCO (AP) – Attorneys for the man accused in last year’s shooting of the husband of former U.S. House Speaker Nancy Pelosi want his federal trial moved out of San Francisco, saying heavy publicity means he won’t get a fair trial.
What you need to know
David DePape will appear in federal court on Wednesday
His lawyers will ask the judge to move the trial from San Francisco to the neighboring city of Eureka, Oregon.
He was charged in last year’s attack on the husband of former Speaker of the United States House, Nancy Pelosi
Prosecutors say DePape broke into Pelosi’s home in San Francisco on Oct. 28 seeking to kidnap the former speaker, who was out of town.
David DePape will appear in federal court on Wednesday. His lawyers will ask the judge to move the trial to the city of Eureka, neighboring Oregon. The federal trial will begin on November 13.
His federal public defenders, Jodi Linker and Angela Chuang, say media attention to the case in the San Francisco Bay Area has tainted the jury pool. They said a survey they commissioned shows many potential jurors already believe he is guilty of the crimes and that they would be unlikely to change their minds.
Prosecutors say DePape broke into Pelosi’s San Francisco home on Oct. 28 seeking to kidnap the former speaker — who was out of town — and instead hit her 83-year-old husband with a hammer . The violence sent shock waves through the political world.
DePape, 43, pleaded not guilty to federal charges of attempted kidnapping of a federal official and assault of a family member of a federal official. He also pleaded not guilty to state charges, including attempted murder, robbery and elder abuse. He remains jailed without bail. The state trial is not scheduled.
Linker and Chuang also said they fear potential San Francisco jurors could be biased against DePape because Nancy Pelosi, who has represented the city in Congress since 1987, remains a popular figure in the Bay Area.
They said Bay Area media have covered the case extensively and played video footage of the assault on Paul Pelosi, the 911 call and a police interview of DePape shortly after his arrest.
Footage of the attack was released to the public in January after a California judge denied prosecutors’ request to keep it secret.
