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Murder conviction in dog mauling tossed
Compiled from Times wires SAN FRANCISCO -- Even as he called her "despicable," a judge on Monday threw out a second-degree murder conviction against a San Francisco woman in the gruesome dog mauling of a neighbor, citing insufficient evidence that the owner knew the dogs would kill. The judge's ruling outraged critics who said he effectively invalidated the jury system. Superior Court Judge James Warren upheld convictions against Marjorie Knoller and husband Robert Noel for involuntary manslaughter and keeping a dangerous animal. Warren sentenced Noel, 60, to the maximum of four years in state prison in the death of 33-year-old lacrosse coach Diane Whipple. But he postponed the sentencing of 46-year-old Knoller until mid July so prosecutors have time to persuade him to reconsider. If those efforts fail, Knoller will face a maximum of four years in prison. She could have been sentenced to 15 years to life had the murder conviction stood. "We have not yet given up on our chance of convincing the judge that the murder charge is appropriate," District Attorney Terence Hallinan said. Warren said that Knoller and Noel are "the most despised couple in this city" but that the evidence did not support the murder conviction. He said Knoller had no way of knowing her dogs would kill someone when she left her apartment Jan. 26, 2001. "There is no question in this court's mind that in the eyes of the people, both defendants are guilty of murder," Warren said. "In the eyes of the law, they are not." Whipple was attacked by the couple's two Presa Canario dogs in their apartment hallway. The judge called the dogs "a canine time bomb that would at some inevitable point explode with disastrous consequences" even as he threw out Knoller's conviction. During the trial, experts said the 120-pound Bane, which outweighed Whipple, tore off her clothes, bit her throat and dragged her down the hallway of the apartment building. The other dog, Hera, tore at Whipple's clothing during the attack. Bleeding from dozens of bites, Whipple was rushed to a hospital and died five hours later. Both dogs were destroyed. Whipple's partner, Sharon Smith, fought back tears as she questioned why the judge would contradict a Los Angeles jury that had convicted the couple on all counts after a five-week trial. Citing pretrial publicity, Warren had moved the trial south to Los Angeles. "I'm in shock. We're all in shock right now," Smith said. "Justice was done and now I feel that justice has been undone." If Warren doesn't change his mind, prosecutors will have to consider whether they can retry Knoller for murder without violating her constitutional right against double jeopardy. She was convicted of manslaughter for the same crime. "Whether we can retry it or not, we're not exactly clear," Hallinan said. "It's a much trickier question." The prosecutor added that he was surprised by the judge's decision: "I thought this went beyond manslaughter." Knoller was walking the dogs just before they attacked Whipple -- her husband was out of town -- and testified that she tried to throw herself between the animals and her neighbor. The judge threw out the murder conviction despite saying he did not believe much of Knoller's testimony. "I cannot say as a matter of law that she subjectively knew that day that her conduct would cause death," he said. Warren also pointed out that Noel was not charged with murder and that Noel, in the judge's view, was more culpable than his wife. The judge said Noel knew his wife could not control the dogs and knew they would have to be walked at some point that day. The burly Noel had been unable to control the animals at least twice, the judge noted. After receiving credit for time served and for good behavior, Noel will probably serve an estimated 13 months in prison, prosecutors say. At the hearing, Smith addressed Knoller and Noel, noted that both are lawyers and said: "This has been a game to you. It has been one big legal game. This is not a game to me." She criticized the couple for never apologizing or accepting blame. "You were too busy being lawyers to be human. You fail to accept that your actions killed a person," Smith testified. -- Information from the Los Angeles Times, Associated Press and Washington Post was used in this report.
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From the Times wire desk
From the AP |
