A judge has ruled that video of the attack on Paul Pelosi, the husband of Rep. Nancy Pelosi (D-Calif.), should be released following a motion from several news organizations, according to multiple reports.
San Francisco Superior Court Judge Stephen Murphy ruled on Wednesday that the evidence against the alleged attacker, David DePape, should be publicly released, siding with the outlets in ruling that it should be available to the public.
NBC News reported that the evidence set to be released includes body camera footage that was captured by the officer who responded to the attack at the Pelosis’ address, the 911 call that Paul Pelosi made, parts of an interview that the police had with DePape and security video of the break-in that Capitol Police recorded.
The San Francisco District Attorney’s Office, however, had argued in court that publishing the video would distort the facts of the case, and the office and DePape’s defense team both argued it could “irreparably harm” his right to a fair trial, the outlets reported.
But Murphy noted in his ruling that the footage was already played at a preliminary hearing last month, attorney Thomas Burke, who represented the organizations suing for disclosure, told The New York Times.
The evidence could be released as soon as Thursday.
Prosecutors allege that DePape broke into the Pelosis’ home in late October looking for the then-Speaker, who was not home at the time. DePape allegedly asked “Where’s Nancy?” to Paul Pelosi after he broke in.
DePape allegedly struck Paul Pelosi with a hammer and severely injured him. Pelosi needed to receive surgery for a skull fracture and also received injuries to his arm and hand.
The outlets that sued over the records are the Times, The Washington Post, the Los Angeles Times, The Associated Press, The San Francisco Chronicle, The Press Democrat, CNN, Fox News, NBC, ABC, CBS and KQED, which is an NPR member station in San Francisco.
DePape has pleaded not guilty to six charges, including attempted murder.