Police body camera video seen worldwide showed a man smashing the skull of Paul Pelosi, the husband of the former Speaker of the House of Representatives, after the attacker smashed the windows of the San Francisco couple’s home in which he described to investigators as a plot to interrogate. the Democratic lawmaker and possibly “break her kneecaps.”

Despite what appears to be overwhelming evidence against 43-year-old David DePape, a political extremist and conspiracy theorist accused of attacking Paul Pelosi and attempting to kidnap Nancy Pelosi in October 2022, the federal trial set to begin Thursday in San Francisco will not be so simple.

Read our full coverage of the violent attack on Paul Pelosi

American neighborhood

Court

Judge Jacqueline Scott Corley has rejected the idea that this is a simple “open and shut” assault case, arguing that the government bears the “heavy burden” of proving that DePape intended to kidnap the former speaker when he broke in in her home, and that he attacked Paul Pelosi with the intention of interfering with the legislature’s official duties or taking revenge on her.

DePape, a Canadian native who ran in eclectic circles in the Bay Area for years before falling into far-right conspiracies, faces a combined prison term of 50 years if convicted.

He pleads not guilty to both charges.

A jury was empaneled Monday after prosecutors and federal public defenders argued in recent weeks about what evidence would be admissible, including police body camera footage and the police interview with DePape after his arrest.

National commentary and hype surrounding the case reflects the current disinformation and extremist trends that have engulfed parts of the country and divided the American electorate, including the way conspiracies like QAnon have the baseless idea that a cabal of Satan-worshipping elites in Washington, D.C. , who run a child sex ring, have influenced political discourse and led to an increased threat of violence against government officials and their families.

The attack itself has sparked conspiracies from some of the most politically influential and powerful pundits, including billionaire Elon Musk, former Fox News commentator Tucker Carlson and Donald Trump Jr., son of the former president, who have used the alleged attack to mocking the Pelosi family or questioning certain details to use as fodder for their conservative bases.

Due to the heated political climate, the government

could use the opportunity to “show the public that they take a case like this very seriously and are going to prosecute someone to the fullest extent,” said Louis Shapiro, a prominent LA attorney.

DePape is accused of traveling from his residence in Richmond, California, to the Pelosis’ Pacific Heights home in the early morning of October. August 28, 2022, looking for the speaker of the House of Representatives who allegedly shouted, “Where’s Nancy?” after breaking into the home. Speaker Pelosi was in Washington at the time with her protective detail.

DePape carried a backpack full of zip ties, tape, rope and a hammer, which he used along with his own body strength to force his way into the house, court records and video show.

While the assault charge will be much easier to prove given the video evidence, the kidnapping charge is a “pretty high bar” for the prosecution to clear, said Nathan Hochman, a former federal prosecutor and attorney and candidate for district attorney. Los Angeles County Justice Department. .

“The offense part of it, I don’t even know what the defense would be,” Hochman said. “But to go from ‘Where’s Nancy? Where’s Nancy?’ to say he wanted to kidnap her?… If all you wanted to do was go to Nancy Pelosi’s house and yell at her and say she’s responsible for filling in the blank, then that’s not an attempt to kidnapping.’

A brutal attack

DePape told police he went to the Pelosis’ home in hopes of finding the lawmaker, whom he considered the Democratic Party’s “leader of the pack.” During his interview with police, he became involved in other conspiracies against Hillary Clinton, campaign espionage and other ideas that Democrats were working against former President Trump to ultimately “steal the election.”

He planned to take Speaker Pelosi hostage and “talk to her,” he said.

If she told the truth, I would let her go free, he said. But when she lied, he would break her kneecaps.

But instead of finding

Nancy

Pelosi, DePape was “surprised” to encounter her sleeping husband. DePape told a confused Paul Pelosi that he was looking for his wife.

After a few minutes,

Paul

Pelosi said he needed to go to the bathroom and managed to secretly call 911 on his cell phone.

Paul

Pelosi told the dispatcher that he did not know DePape, but that the intruder was waiting for his wife.

He thinks everything is fine,

Paul

Pelosi said. I have a problem, but he thinks everything is fine.

A San Francisco police officer arrived at the Pelosis’ home around 2:30 a.m. and knocked on the front door.

Paul

Pelosi responded as DePape stood next to him. Both men had their hands on a large hammer.

Police demanded they drop the gun, but DePape forced it

Paul

Pelosi swung him over his head and struck the 82-year-old man in the head, body camera video shows.

Officers immediately ran into the house and arrested DePape.

Paul

Pelosi spent several days in a hospital where he was treated for a skull fracture and serious injuries to his arm and hands.

A fair trial in Nancy Pelosi’s hometown

San Francisco is home to a number of political legends, including the late Senator. Dianne Feinstein, Governor. Gavin Newsom and former Assembly Speaker and Mayor of San Francisco Willie Brown.

But few can boast the political prominence and power of Nancy Pelosi, the first female Speaker of the House of Representatives, who has been a household name for more than three decades during her tenure representing San Francisco in Washington.

Attorneys for DePape unsuccessfully petitioned the court this summer to move the trial to Eureka, arguing that

Nancy

Pelosi’s political celebrity in the Bay Area,

plus

the “ubiquitous media coverage” of the attack and DePape’s right-wing political beliefs “poisoned the well” of prospective jurors.

During jury selection, many said they had strong opinions about the Pelosi family, positive and negative, and read and watched coverage of the attack. For both the prosecution and defense, however, the most crucial part was choosing jurors who could put aside their personal beliefs and judge the case fairly, Shapiro said.

Several jurors said they could, even with their opposition or support for the lawmaker and Paul Pelosi. Others said they had already determined DePape’s guilt.

The attorneys questioned jurors as DePape, who had traded his usual orange prison jumpsuit for a blue sweater and dress pants, sat nearby. During the preliminary meetings, DePape remained calm and collected. He spoke occasionally with his lawyers, but never spoke out of turn.

Despite public questions about DePape’s mental health, his attorneys are not expected to make that argument at trial and did not ask the jury any questions about the issue of competency. Still, one potential juror said he thought DePape “needs help.” Two men said they believed the Pelosis had used their powerful positions for financial gain, particularly in the stock market, and another man, who was fired, said he had no sympathy for the family.

Federal public defenders Angela Chuang and Jodi Linker focused on jurors expressing concern about seeing images of violence, saying the evidence presented in court would include graphic and bloody images of Paul Pelosi shooting was ‘seriously injured’.

“There’s no other way to say it. It’s disturbing,” Chuang said. “There will be bodycam footage of someone being hit in the head, while Mr. Pelosi is being hit in the head with a hammer, that will be shown during the trial.”

If someone can’t handle seeing blood and gore, Chuang said, “This may not be the right lawsuit for you.”

Three women and twelve men have been selected for the jury, three of whom are alternates. The trial is expected to end on November 15.