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CNN Live Today

Jury Deliberates in Dog Mauling Trial

Aired March 19, 2002 - 14:09   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.
BILL HEMMER, CNN ANCHOR: As we mentioned a few moments ago, the jury right now -- it is their decision on this case that will decide the fate of a San Francisco couple, and whether or not they will be the first in California history to be convicted of murder for the actions of their dog. Marjorie Knoller, her husband Robert Noel, the two defendants in this case, the jury got the case about 16 minutes ago. Thelma Gutierrez now live in L.A. bringing us up to date on this trial. Thelma, good afternoon.

THELMA GUTIERREZ, CNN CORRESPONDENT: Good afternoon, Bill. And you're absolutely right. After four very long weeks of testimony, this emotionally charged case is finally in the hands of the jury. Judge James Warren told jurors they had a very difficult task at hand. He said that they have five different decisions to make on two separate defendants, Marjorie Knoller and her husband, Robert Noel.

This morning, prosecutor Jim Hammer put on his rebuttal argument and he told jurors that there's direct evidence, not circumstantial evidence, that on the day that Diane Whipple was mauled to death, Marjorie Knoller acted with implied malice. And that is the most serious level of negligence. First, he says Knoller intentionally went out with the dogs without proper restraints or a muzzle knowing that she couldn't control them. Two, that there were prior warnings and incidents that showed the dogs were dangerous; and three, that Knoller disregarded those warnings and that the cause of Diane Whipple's death is because she disregarded those warnings, and that those actions basically equaled second-degree murder.

(BEGIN VIDEO CLIP)

JIM HAMMER, PROSECUTOR: It was not an accident that these were Presa Canarios. They weren't poodles. They weren't chihuahuas, even though Miss Knoller again swore to the grand jury that her dog was no more dangerous than a chihuahua. Under oath, she said that, that lie, but a very special kind of dog, and you've heard about the dogs.

(END VIDEO CLIP)

GUTIERREZ: The defense had argued all along that this couple had no possible way of knowing that those dogs were capable of killing anyone. But the prosecution says that the couple had lied all along.

(BEGIN VIDEO CLIP) HAMMER: If this is just an accident, ladies and gentlemen, you don't have to lie about it. If something is just an accident and you have nothing to hide, you don't have to lie about it. You lie when the truth will not set you free. You lie when the truth will convict you.

(END VIDEO CLIP)

GUTIERREZ: As we had mentioned, jury deliberations began a short time ago. If the jury is able to reach a verdict, after 5:30 Eastern time, the judge said that verdict will not be announced until the following day. Bill, back to you.

HEMMER: And, Thelma, quickly here, how do folks respond to this? We've made mention the fact that it was moved from San Francisco down to L.A.

GUTIERREZ: Well, I have got to tell you. It's been very interesting because today, the defendant, Marjorie Knoller's, mother was in the courtroom. She was flabbergasted at what was going on in there. She kept on making comments about how all of this was so unfair. Sharon Smith, Diane Whipple's partner, and along with Diane Whipple's mother, they sat in the front row. They broke down into tears as the prosecutor described how Diane Whipple died and as he described those last moments of her life. The courtroom was standing room only today. People saying that they are here to make sure that there is justice in this case.

HEMMER: All right. Thelma, thanks. Thelma Gutierrez again, deliberations well under way there. We shall certainly be in touch with you in Los Angeles.

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