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MEMORANDUM OF POINTS AND AUTHORITIES

INTRODUCTION

Defendant forcefully broke into the Pelosi home intending to take the Speaker of the United States House of Representative, Nancy Pelosi, as his hostage. But when Defendant learned that he could not execute his plan, he proceeded instead to attack the 82-year-old man that stood in his way, Speaker Pelosi’s husband, Paul Pelosi.

There is clear and convincing evidence to support a hypothetical verdict of guilty for the charges here; clear and convincing evidence shows that there is a substantial likelihood that Defendant, if released, would cause great bodily injury to others; and clear and convincing evidence demonstrates that no less restrictive alternative is sufficient to protect victim and public safety. This case demands detention. Nothing less.

STATEMENT OF THE CASE

The Felony Complaint charges Defendant with attempted murder (Pen. Code, §§ 664, 187, Count 1) with allegations that the attempted murder was willful, deliberate, and premeditated, that Defendant personally used a deadly or dangerous weapon (Pen. Code, § 12022, subd. (b)(1)), and that Defendant inflicted great bodily injury on a person 70 years of age or older (Pen. Code, § 12022.7, subd. (c)). The Complaint also charges Defendant with first degree residential burglary (Pen. Code, § 459, Count 2) with an allegation that another person was present in the residence during the commission of the burglary (Pen. Code, § 667.5, subd, (c)(21)), assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1), Count 3) with an allegation that Defendant inflicted great bodily on a person 70 years of age or older (Pen. Code, § 12022.7, subd, (c)), inflicting unjustifiable physical pain or mental suffering on an elder adult (Pen. Code, § 368, subd. (b)(1), Count 4) with allegations that Defendant inflicted great bodily injury (Pen. Code, §§ 368, subd. (b)(2)(B)) and that Defendant personally used a deadly or dangerous weapon (Pen. Code, § 12022, subd. (b)(1)), false imprisonment of an elder by violence or menace (Pen. Code, § 368, subd. (f), Count 5) with an allegations that Defendant inflicted great bodily injury (Pen. Code, § 368, subd. (b)(2)(B)) and that Defendant personally used a deadly or dangerous weapon (Pen. Code, §

People v. DePape, Court No. 22012966, Notice of Motion and Motion to Detain, p. 3

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