The man who was convicted of attacking Paul Pelosi in the home he shares with Rep. Nancy Pelosi (D-CA) will have his sentencing re-opened after the judge made the "clear error" of not asking him if he wanted to speak at the original proceedings.

David DePape was sentenced Friday by District Judge Jacqueline Scott Corley to 20 years for attempting to kidnap Nancy Pelosi and 30 years for assaulting Paul Pelosi with a hammer. Both sentences were the maximum for the charges and would run simultaneously.

DePape also got credit for the 18 months he has been in jail since being arrested for the crimes.

Corley has scheduled a new hearing for May 28 after admitting that she should have asked if DePape wanted to speak at the sentencing.

No objections during hearing

No one in the prosecution or defense mentioned anything wrong at the sentencing, and DePape's lawyers did not ask if he could speak, but Corley said it was an still an oversight.

“Nonetheless, it was the Court’s responsibility to personally ask Mr. DePape if he wanted to speak,” Corley wrote in a brief filed over the weekend.

The prosecution filed a motion within hours after the sentencing, noting that DePape had not been asked if he wanted to speak and requesting the sentencing be re-opened within 14 days, as the law allows.

The defense objected to DePape returning to court, however. They have appealed the conviction.

No parallel with January 6 sentences

Defense attorney Angela Chuang asked ahead of the sentencing that Corley make a parallel between DePape's actions and those of defendants on January 6, 2021 who unlawfully entered the U.S. Capitol building.

“The five most serious sentences for people who were convicted of seditious conspiracy, of literally conspiring to overthrow the government, range from 15 to 22 years,” Chuang said.

But Corley rejected that reasoning, arguing that the violation and attack in the private home of an elected official could deter people from even running for office in the future.

Corley also said she believed DePape would act similarly in the future.

“I’ve seen nothing that suggests that if given the opportunity, he would not act again upon his baseless beliefs,” she said, even though DePape apologized in court for his assault on Paul Pelosi.

DePape, who is Canadian but lived in the U.S. for 20 years, will be deported after completing his sentence.