Different judge assigned in Paul Pelosi assault case

A new judge will preside over the high-profile criminal case of David DePape, the man accused of bludgeoning U.S. House Speaker Nancy Pelosi’s husband in a stunning attack that hardened political divisions across the nation.

Judge Stephen Murphy will take over the case as it proceeds to a preliminary hearing on Dec. 14, at which Murphy will decide whether to send the case to trial and whether to hold DePape in jail in the meantime.

Murphy will replace Judge Loretta Giorgi, who disclosed a potential conflict of interest during a hearing earlier this month, saying she had worked with Pelosi’s daughter, Christine Pelosi, at the San Francisco City Attorney’s Office during the 1990s. Giorgi presided over a brief scheduling hearing at the Hall of Justice Monday morning.

Adam Lipson, a deputy public defender and the attorney assigned to DePape, said he would not seek to recuse Giorgi from the case.

“There is nothing about Judge Giorgi’s minimal history with Christina Pelosi that would lead me to believe she would be a biased in this case especially, considering her minimal role,” Lipson said in an email.

Attorneys on both sides accepted the new assigned judge, according to a representative from San Francisco District Attorney Brooke Jenkins’ office.

DePape is facing attempted murder, battery, assault and a string of other charges related to the Oct. 28 attack on Paul Pelosi, in which he allegedly struck the speaker’s husband with a hammer, fracturing his skull, as police officers watched from a doorway. DePape, a blogger and right-wing conspiracy theorist, is also accused of plotting to kidnap and interrogate Nancy Pelosi.

As of Monday he remained held at the San Francisco County jail without bail, according to jail records. He will appear in court on Dec. 14.

DePape has pled not guilty in two cases, one in San Francisco and one in federal court.