Update: David DePape pleads not guilty to Pelosi attack in 1st court appearance
SAN FRANCISCO (CBS SF) – David DePape, arrested after allegedly breaking into House Speaker Nancy Pelosi's home and attacking her husband, pleaded not guilty in his first court appearance Tuesday.
The arraignment lasted about eight minutes. DePape entered a plea of not guilty and waived his right to a hearing within 10 days. He only spoke to say "yes" to a question from the judge and to clarify the pronunciation of his last name when asked about that.
No cameras were allowed in the courtroom when DePape emerged with his right arm in a sling. His public defender says he has dislocated shoulder, suffered during his arrest at the Pelosi home.
"I haven't even seen the police reports," said Public Defender Adam Lipson. "I met my client last night, for a brief meeting, for the first time."
Lipson declined to describe his client's mental state, but he did offer what sounded like a foreshadowing of a defense strategy.
"What I will say is that there has been a lot of speculation regarding Mr. DePape's vulnerability to misinformation," Lipson told the press assembled at the Hall of Justice. "And that's certainly something that we're going to look into, that we're going to delve into as his defense team."
"I think what is clear is that this case is vulnerable to miss information," said San Francisco District AttorneyBrooke Jenkins. "We are seeing spread across all platforms at this point. We need to make sure that the record is clear of what happened in this situation. For all parties."
Before his arraignment Tuesday afternoon, DePape had been transferred to county jail Tuesday after being released from San Francisco General Hospital. DePape had been in the hospital psychiatric ward under heavy guard following the attack.
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Jenkins says one goal for her office is to push back on rumor and misinformation, but, for now, she's made a decision not to release the 911 call from the Pelosi home.
"We are going to make a choice of whether or not that's something that should be played during the course of his preliminary hearing, and of course at a later trial," Jenkins said. "That's when that would be made available."
Prosecutors asked for, and received, a protective order requiring DePape to stay away from the Pelosi family. That is effectively moot, as he's being held without bail, and there's also a federal hold, so he can't be released anyway. DePape will be back in court on Friday for more bail discussions, and the scheduling of a preliminary hearing.
A bail hearing and a hearing on federal charges were still pending. DePape's next court appearance on the state charges was scheduled for Nov. 4.
The charges stem from his arrest early Friday morning at the Pelosi home. According to San Francisco police, they responded to reports of a home break-in at approximately 2:27 a.m. and arrived to find DePape attacking 82-year-old Paul Pelosi with a hammer.
"When officers arrived on scene, they encountered an adult male and Mrs. Pelosi's husband, Paul," SFPD Chief Bill Scott told reporters. "Our officers observed Mr. Pelosi and the suspect both holding a hammer. The suspect pulled the hammer away from Mr. Pelosi and violently assaulted him with it."
"Our officers immediately tackled the suspect, disarmed him, took him into custody, requested emergency backup and rendered medical aid," he added.
Along with the hammer that DePape used to attack Pelosi, he also had zip ties, which he admitted to having so he could take Nancy Pelosi hostage.
Paul Pelosi remains hospitalized after undergoing surgery to repair a fractured skull and faces a long road to recovery. DePape was hospitalized for mental observation until the San Francisco County Sheriff took him into custody before Tuesday's hearing in San Francisco County Superior Court.