Jury selection was underway Wednesday in the state's case against the man who was just sentenced in federal court for attacking Paul Pelosi.
Last week, David DePape was sentenced to 30 years in prison after his conviction in federal court for breaking into the San Francisco home of then House Speaker Nancy Pelosi and attacking her husband with a hammer.
That sentencing has been reopened to give DePape an opportunity to speak for himself. His response was due to the court by noon Wednesday, but he wasn't given an opportunity to speak, meaning the hearing will need to be held again.
In court, several potential jurors raised their hands when asked by the judge if they've ever seen someone do something because of a mental illness.
A few potential jurors also raised their hands to explain they've seen some of the video related to this case and know about DePape's federal conviction.
In the state case, DePape has pleaded not guilty to charges of attempted murder, assault with a deadly weapon, and elder abuse, among others.
"The big argument in state court is: Was this attempted murder or assault with a deadly weapon?" legal analyst Steven Clark said. "How the jury now in state court will look at the case involving Mr. DePape when they know he’s already serving a significant federal sentence will be interesting to see because this is a very high profile case, and those jurors coming to judge him in state court will be mindful of this sentence."
According to the newly filed motion, DePape's attorneys would like to continue with a federal sentencing hearing on May 28, but plan on appealing.
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And they'd like U.S. District judge Jaqueline Scott Corley to be replaced before that new hearing happens.
The defense argues the current judge has already shown an unfair bias by imposing a sentence without allowing him to speak.
The state trial is expected to pause next Tuesday so DePape can be present for the new federal sentencing hearing.
