How the release of Paul Pelosi attack video could impact suspect's trial

"That's very devastating evidence for people to see over and over again."

Tara Campbell Image
Saturday, January 28, 2023
How Paul Pelosi attack video could impact suspect's trial
A legal analyst and former prosecutor says the release of the Paul Pelosi attack video will have an impact on David DePape's trial.

SAN FRANCISCO (KGO) -- Video of David DePape allegedly attacking Paul Pelosi is now available for all to see, including potential jurors.

"When you look at the brazen nature of this attack done right in front of a police officer, that's very devastating evidence for people to see over and over again," said Steven Clark, a legal analyst and former prosecutor. "Neither the DePape defense team or the prosecution wanted this information to be released. It greatly affects Mr. DePape's ability to get a fair trial."

VIDEO: Court releases video of attack on Paul Pelosi in San Francisco home

Video released Friday shows Nancy Pelosi's husband Paul fighting for control of a hammer during a brutal attack in the couple's San Francisco home.

Body-cam footage shows police arriving at the Pelosi home October 28th, the night of the attack. The cameras capture the moment when DePape allegedly attacks Paul Pelosi with a hammer.

"I think the defense may move to change venue outside of San Francisco because every San Franciscan who sees this is going to have a very difficult time coming into court giving Mr. DePape a clean slate," said Clark.

VIDEO: Watch hammer attack footage

Video has been released of the attack on Paul Pelosi.

DePape is facing multiple federal charges and state felony charges, including attempted murder, which he has entered a not guilty plea.

"The mental health defense is still on the table for the defense." said Clark, noting the recording of police interrogating DePape could play a key role.

VIDEO: David DePape pleads not guilty to state charges in attack of Paul Pelosi at family's SF home

The man charged in the violent attack on House Speaker Nancy Pelosi's husband pled not guilty Wednesday to attempted murder and other state charges.

RELATED: Chilling details reveal intent behind Paul Pelosi attack in San Francisco; Newsom, Tom Hanks targets

"I think the defense will look at the statement he made to the police and say this is a man who is unhinged and suffering from mental illness," said Clark, adding the interrogation could also cut both ways.

"Mr. DePape makes a full confession to these charges certainly that is problematic as well because that interrogation may not have actually come in at trial," said Clark. "But now it's public and how do you unring that bell?"

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