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Jurors in Dog Mauling Case in L.A. Reach Verdicts On All But One of Five Counts

Aired March 21, 2002 - 12:15   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: Jurors in a high-profile dog mauling case in L.A. have reached verdicts now on all but one of five counts, four of five at this point. They just resumed deliberations a few minutes ago. The verdicts will remain sealed until a decision on all five counts has been reached.

The defendants now Marjorie Knoller and Robert Noel are charged with involuntary manslaughter in the death of neighbor Diane Whipple. Knoller is also charged with second-degree murder in that case.

Jurors began deliberations two days ago after nearly four weeks of graphic and sometimes rather emotional testimony.

Former federal prosecutor Cynthia Alksne joins us from Washington with some insight on which way the jurors could rule. Good to see you in person for a change.

CYNTHIA ALKSNE, FMR. FEDERAL PROSECUTOR: It's nice, isn't it?

HEMMER: It's very nice and very pleasant, too.

Listen, common logic tells me that the charge they are hung up on right now is the most serious, second degree murder against Marjorie Knoller. Fair logic, or not?

ALKSNE: Fair logic, but usually what happens is the jury charge says, start at the at the top, and don't go to the next until you make a decision on the murder, don't go to the manslaughter until you've made a decision on the murder.

HEMMER: So they're jumping around?

ALKSNE: So they would say they reached all of them on the female defendant, and they are down in the male defendant. The reason why that';s possible also is because they were asking for readbacks yesterday about the testimony that has to do with the male defendant, Mr. Noel, what warnings did he get, what did he say to the grand jury. That would lead you to believe that it has to do with his involuntary manslaughter, but juries do whatever juries want to do, and sometimes it does not matter that the judge said do not pass go, do not collect $200.

HEMMER: It could be that my logic is completely wrong? ALKSNE: It could be.

HEMMER: It's logical, it's meaningless.

You are an attorney, and it really appears during closing arguments and since then, that the two attorneys on both sides, Jim Hammer, the prosecutor, and Nedra Ruiz, the defense attorney, have taken the bulk of the attention in this case. I am curious to know, during closing arguments, when the judge scolded Nedra twice, does that have any impact on jurors?

ALKSNE: It does have an impact. I have to tell you, though, judges have told me to either stop it or I would be in the back, too, so I can't be too critical, and it wasn't that he was, you know, if he had said to her, that's not true, you're misstating the evidence, Mrs. Ruiz, or he made some personal attack about her fairness. Instead, he just said she was out of line. I don't think juries care that much about it. And anyway, by this time, they have gotten to know this woman. She is a dramatic person, and so they're used to it, and they may not like it, but they are used to it.

So I don't -- my guess is that doesn't make. It's more fun on television than it is really in the courtroom.

HEMMER: Going back to your previous answer about Robert Noel, about the jurors asking some of his testimony to be read back in court yesterday, he did not take the stand?

ALKSNE: Right.

HEMMER: Hindsight is perfect, but is that a mistake possibly?

ALKSNE: My feeling is with a defendant who has no criminal history, no matter what the judge says about you may not hold it against them that this person doesn't take the stand, the truth of the matter is, I think juries do, and they would expect a man who was a lawyer and a member of the bar, who testified in the grand jury, to take the stand, and he didn't, and I think that may hurt him.

The smart thing that his lawyer is doing, if you noticed, is he is just laying very low, separating himself from Mrs. Ruiz and all her antics,, and hoping his guy stays under the radar screen.

HEMMER: We will watch deliberations. Could get a verdict at any time.

ALSKNE: Definitely one by Friday, that's all I promise.

HEMMER: Thank you. Fair enough. Talk to you later.

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