Murder Conviction Reinstated in San Francisco Dog Mauling Case

[Dangels]

Some of you might remember the murder trial of Marjorie Knoller several years back, in relation to the tragic death of 33 year old Diane Whipple, who was attacked by Knoller's 2 Presa Canario mastiffs back in 2001.

Here's the article:

SAN FRANCISCO -- A judge reinstated a San Francisco attorney's murder conviction Friday for her dog's fatal mauling of her neighbor in an apartment building hallway in 2001 and ordered her jailed immediately while she awaits a prison sentence of 15 years to life. [Marjorie Knoller, 53, sat quietly in the courtroom while Superior Court Judge Charlotte Woolard discounted her testimony at her 2002 trial and said Knoller had known her dog was potentially lethal when she took the animal out of her apartment without a muzzle.

The 140-pound Presa Canario, Bane, bolted away from Knoller and attacked Diane Whipple, 33, who bled to death from at least 77 wounds. The dog's 100-pound mate, Hera, charged out of Knoller's apartment and may have joined in the attack.

Knoller "knew her conduct endangered life" and thus was guilty of murder, not merely manslaughter, Woolard said in rejecting a defense request for a new trial. Prosecutors had appealed a decision by the trial judge, who is now retired, to reduce the jury's second-degree murder verdict to involuntary manslaughter.

Woolard scheduled sentencing for Sept. 22. Knoller had been sentenced to four years for manslaughter and was paroled in January 2004, with time off for good behavior. She has been living in Florida, where she takes care of her elderly mother, her lawyer said.

The ruling brought smiles and tears from a group of Whipple's friends in the courtroom. Her former partner, Sharon Smith, said afterward that she was grateful for the decision, frustrated that it had taken so long, and wanted Knoller "to be treated like any other criminal who's committed murder."

Knoller's lawyer, Dennis Riordan, promised an extensive appeal in both state and federal court. He said Woolard's ruling "stretched the definition of murder" to reach a result "that may be popular, perhaps, in San Francisco" but is on shaky legal ground.

Whipple, the women's lacrosse coach at St. Mary's College in Moraga, was attacked in a sixth-floor hallway of the Pacific Heights apartment building Jan. 26, 2001. Knoller had been walking Bane on the roof of the building and had returned with him to the corridor when he broke away and jumped at Whipple.

Woolard, at Friday's hearing, recounted descriptions by neighbors, who heard Whipple's screams turn to whimpers before police found her trying to crawl back to her apartment. Knoller emerged from her apartment shortly afterward, bearing some scratches, and didn't ask anyone about Whipple, the judge said, citing trial testimony.

A jury in Los Angeles, where the trial was moved because of extensive publicity in the Bay Area, convicted Knoller of second-degree murder in 2002. The panel found her then-husband and law partner, Robert Noel, guilty of involuntary manslaughter for leaving the dogs with his wife while knowing she couldn't control them. He was paroled in September 2003.

Trial judge believed her
But Superior Court Judge James Warren reduced Knoller's conviction to involuntary manslaughter, saying he believed her when she testified she had no idea Bane might kill someone.

Knoller's case wound up back in Superior Court after the state Supreme Court ruled last year that Warren had used the wrong legal standard in reducing Knoller's conviction. The court said prosecutors seeking a murder conviction in a mauling case don't have to prove the owner knew the dog was likely to kill, only that the owner was aware the animal was potentially lethal and exposed others to the danger.

The court returned the case to Superior Court to decide whether to reinstate Knoller's murder conviction and 15-to-life sentence, or order a new trial on the murder charge.

Warren willing to take case
Warren was willing to come out of retirement to handle the case, but the court's presiding judge assigned it to Woolard - a decision that Knoller's lawyer opposed and said he would raise in her appeal.

Riordan argued that Woolard was bound by Warren's finding that Knoller hadn't known the dog could kill someone. That means she wasn't guilty of murder even under the state Supreme Court's new standard, Riordan said.

He noted that Warren had heard Knoller testify in person, while Woolard was merely reviewing the written record.

Deputy Attorney General Amy Haddix countered that the jury's murder verdict was amply supported by evidence that Knoller had been warned the dogs were dangerous, had seen them repeatedly attack and threaten other dogs and people, and had taken no steps to protect Whipple. Woolard agreed in a ruling that took her nearly a half hour to read from the bench.

When Knoller and Noel took custody of the dogs in 2000 from prison inmates at Pelican Bay, the judge said, a veterinarian warned them in a letter that the animals were huge, untrained and "a liability in any household."

Woolard cited trial testimony about 30 incidents in which one or both Presa Canarios lunged at, chased or bit other dogs and people, with one or both owners looking on and seemingly unable to control the animals. She noted that Knoller had appeared on ABC-TV's "Good Morning America" shortly after the fatal attack, accused witnesses of fabricating, and suggested Whipple was to blame for her own death.

Despite Warren's conclusion that Knoller hadn't known Bane could kill, Woolard said, the evidence showed that she had known that both dogs "singularly or together were capable of killing a person and, if not properly restrained, would kill a person."

Link to actual article.
Murder conviction reinstated in S.F. dog mauling

[Ritz459]

I'm glad it was finally taken care of, but jeesh. There is our justice system for you. Seven years later let's give the lady a potential life scentence. Talk about delayed punishment.

[Shmee]

Justice is finally served, but anyone cocky enough to blame a person for being murdered in this fashion needs their head examined. I don't know how long the attack took place, but you can make a safe bet that it went on for atleast 15minutes without anyone doing anything to help this poor person while she was being mauled.
Secondly, if there 30 DOCUMENTED cases where these dogs went off snapping/lunging or biting someone, how many cases WEREN'T documented folks???? Scary stuff indeed.
I guess a person who would show remorse or sorrow for something like this isnt the kind of person that would be in this situation. To me, dogs will reflect their owners personalities and moods to a perfect-T. The owner of these dogs was clearly out of her mind so having your dogs murder someone while you basically stand by and watch is not surprising.

Goodluck in jail Marjorie. No doubt you'll be released on good behavior and have a second chance in about 20yrs to screwup more dogs and have more people maimed or killed due to them "insighting" their own attack.

-Shmee