The defense team for the man accused of breaking into former House Speaker Nancy Pelosi's San Francisco home and attacking her husband wants to be able to go back to the scene of the alleged crime, but federal prosecutors say it could put Pelosi in danger.
According to legal analysts, the request by David DePape's defense attorney, Angela Chuang, is not unusual. People accused of crimes are sometimes granted access to the crime scene.
In court, Chuang told U.S. District Judge Jacqueline Scott Corley "without being able to examine the house, we will not be able to impeach any possible testimony by Mr. Pelosi about what may have happened inside the house."
Corley immediately had several sharp questions for Chuang about the issues and how unusual this request is for a federal court to decide on.
"The conduct that Mr. DePape is allegedly engaged in is really something that happens in state courts all the time, burglaries, assaults, but not at the federal level," legal analyst Steven Clark said. "I think that's why there's not much guidance for the court on how to handle this issue."
Assistant U.S. Attorney Helen Gilbert outlined the major concerns for the Pelosi family and anyone else who is the victim of a home invasion crime.
"Any entry into the home is a violation to the victims," Gilbert said. "Allowing the defendant access to their home is an extreme invasion of privacy."
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Gilbert went on to point out that DePape's defense team has access to the body camera video from San Francisco police officers documenting the attack on Paul Pelosi. They also have access to body camera video of officers sweeping the house to make sure no one else was there and video of officers using a K-9 to sweep the house to make sure no explosives were there.
Clark said Nancy Pelosi has a legitimate concern about any photos taken if DePape's team is granted access.
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"If those pictures or videos are disseminated in some way, I think that not only violates privacy interests but could cause security issues for the former speaker and her husband," Clark said.
Corley did say she was going to take some time to make a decision on the motion, but she did make some decisions on when the trial will begin. Jury selection will begin Nov. 6. The first day of trial is slated for Nov. 9.
Paul Pelosi is expected to testify in the federal trial.
