San Francisco judge denies change of venue for trial in attack on Nancy Pelosi's husband

DePape's lawyers argued that their client could not get a fair trial because of the enduring popularity of Nancy Pelosi in the Bay Area

The man accused of attacking former U.S. House Speaker Nancy Pelosi’s husband last year will stand trial in San Francisco, a federal judge ruled Wednesday. 

David DePape’s federal public defenders, Jodi Linker and Angela Chuang, had requested that the federal trial be moved to the city of Eureka in neighboring Oregon. They argued that their client wouldn’t get a fair trial because the media attention has tainted the pool of jurors and because Pelosi, who has represented the City since 1987, remains a popular figure in the Bay Area.  

David DePape in Berkeley, California, on Dec. 13, 2013. ((Michael Short/San Francisco Chronicle via Getty Images))

DePape’s lawyers said a survey they commissioned shows many potential jurors already believe he is guilty of the crimes and would be unable to change their minds. 

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Per the San Francisco Standard, Judge Jacqueline Scott Corley said DePape’s lawyers had failed to show evidence that media coverage in the Bay Area was more negative than anywhere else. 

David DePape, left, and Paul Pelosi are seen in an image from bodycam footage.  (San Francisco County Superior Court)

Prosecutors say DePape broke into the Pelosis' San Francisco home on Oct. 28 seeking to kidnap the former speaker — who was out of town — and instead beat her 83-year-old husband with a hammer. Footage of the attack was released to the public in January after a California judge denied prosecutors' request to keep it secret.

DePape, 43, pleaded not guilty to federal charges of attempting to kidnap a federal official and assaulting a federal official's family member. He also pleaded not guilty to state charges, including attempted murder, burglary and elder abuse. He remains jailed without bail. 

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DePape’s federal trial is set to start November 13. His state trial hasn't been scheduled.

The Associated Press contributed to this report. 

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