A judge in California has ordered the release of video of the attack on Paul Pelosi – the husband of former U.S. House Speaker Nancy Pelosi – inside their San Francisco home.
San Francisco Superior Court Judge Stephen Murphy denied a request by prosecutors Wednesday and declared that there is no reason to keep the footage secret after it was aired by the prosecution during a preliminary hearing last month, Thomas Burke, an attorney representing news agencies in the matter, told The Associated Press.
David DePape is charged in the attack.
Fox News is among the news organizations that were pushing for the release of the video showing the Oct. 28 attack.
The footage, which the San Francisco District Attorney’s Office has now handed over to Murphy, could become public as early as Thursday.
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Paul Pelosi was asleep at the couple’s San Francisco home when someone broke in and beat him with a hammer. Prosecutors have charged 42-year-old DePape in connection with the attack.
During a preliminary hearing last month, prosecutors played portions of Paul Pelosi’s 911 call plus footage from Capitol police surveillance cameras, body cameras worn by the two police officers who arrived at the house, and video from DePape’s interview with police.
However, when news organizations asked for copies of that evidence, the San Francisco District Attorney’s Office refused to release it.
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The district attorney’s office argued releasing the footage publicly would only allow people to manipulate it in their quest to spread false information.
However, the news agencies argued it was vital for prosecutors to publicly share their evidence that could debunk any false information swirling on the internet about the attack, according to The Associated Press.
“You don’t eliminate the public right of access just because of concerns about conspiracy theories,” Burke said.
DePape pleaded not guilty last month to six charges, including attempted murder. Police have said DePape told them there was “evil in Washington” and he wanted to harm Nancy Pelosi because she was second in line to the presidency. His case is pending.
The Associated Press contributed to this report.