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CNN Live At Daybreak

Dog Mauling Trial Enters Third Week

Aired March 04, 2002 - 06:37   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: The trial of a San Francisco couple accused in the dog mauling death of a neighbor enters its third week today. We could be hearing some gruesome testimony. The coroner who examined Diane Whipple is expected to testify today.

CNN's Anne McDermott brings us up to date on the trial.

(BEGIN VIDEOTAPE)

ANNE MCDERMOTT, CNN CORRESPONDENT: There's no debate one maybe both these Presa Canario dogs did kill Diane Whipple in the hallway of her San Francisco apartment building. But are the dogs' owners, Marjorie Knoller and her husband Robert Noel to blame? Whipple's long-time domestic partner says yes. Sharon Smith testified that the couple knew the animals were dangerous because they lunged at Whipple once before.

SHARON SMITH, WHIPPLE'S DOMESTIC PARTNER: She told me that she had gotten bit. I asked her what she said, what she did. She said I told -- I told him you need to control your dog. And I said what did he do in response -- she said nothing. He just stared at her.

MCDERMOTT: Defense attorney Nedra Ruiz questioned Smith in court. She noted that neither woman filed any sort of complaint about the incident and then the attorney asked Smith have you considered that if you had made a complaint, Ms. Whipple would be alive today. There was an audible gasp in the courtroom. "Objection," said the prosecutors. "Sustained," said the judge.

SMITH: I was shocked. I was shocked by her question, and frankly deeply offended by it.

MCDERMOTT: But Defense Attorney Ruiz said her clients weren't responsible for Whipple's death,, which she's described as a tragic accident.

NEDRA RUIZ, DEFENSE ATTORNEY: It's our contention that Marjorie did everything she could including putting her body between Diane Whipple and this berserk dog.

MCDERMOTT: But one of the dead woman's neighbors testified that Marjorie Knoller did not immediately call for help.

JIM HAMMER, PROSECUTOR: For two minutes after the attack began she never heard Marjorie Knoller yell a thing.

MCDERMOTT: Officers earlier testified that when they found Whipple she was naked. The dogs apparently shredded her clothing during the attack and the small bits and pieces that were recovered were shown to the jurors as were plastered casts of the teeth that ripped into that clothing and into Whipple herself.

Anne McDermott, CNN, Los Angeles.

(END VIDEOTAPE)

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