David DePape, the 44-year-old man convicted in the October 2022 hammer attack on Paul Pelosi and sentenced last week in federal court, will see another sentencing hearing later this month due to a court error.

The problem, as U.S. District Judge Jacqueline Corley explained in a court filing Saturday, is that DePape was never given an opportunity to speak prior to his sentence being handed down on Friday. Legally, all convicted persons are granted the right to speak on their own behalf at their sentencing, but neither DePape's defense attorneys nor federal prosecutors raised the issue during Friday's hearing.

Speaking in the third person in her memo, Judge Corley acknowledged that the error was hers.

As KPIX reports, she wrote, "no party brought to the court's attention" that it had forgotten to give DePapea chance to speak. "As the court did not do so, it committed clear error," Corley wrote.  

Prosecutors were responsible for raising the issue to the judge after the hearing, as the Chronicle reports. The new sentencing hearing has now been scheduled for May 28.

DePape's federal public defenders have reportedly also filed a notice of appeal in the case.

DePape was sentenced to 20 years for one count of attempted kidnapping of a federal official, and 30 years for one count of assaulting the immediate family member of a federal official, with both terms to be served concurrently. Prosecutors successfully argued that DePape had gone to the Pelosis' home in Pacific Heights the morning of October 28 with the intention of kidnapping then-House Speaker Nancy Pelosi and disrupting her duties as a federal officer.

DePape later told police that he wanted to confront the Speaker about her "lies" and break Pelosi's kneecaps if she didn't admit to lying.

Friends and DePape's defense attorneys said that he become obsessed with conspiracy theories on the internet.

Jury selection begins Wednesday for DePape's state trial, where he faces multiple felony charges for the hammer attack on Paul Pelosi, including elder abuse and attempted murder.

Previously: Pelosi Attacker David DePape Gets 30 Years In Federal Case; State Trial Begins Next Week