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CNN Live Today
San Francisco Couple Faces Sentencing for Dog Mauling
Aired June 07, 2002 - 14:36 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.
DARYN KAGAN, CNN ANCHOR: A San Francisco couple whose dogs mauled a lacrosse coach to death back in January of 2001, that couple will be sentenced today. Let's go to Rusty Dornin, standing by in San Francisco. Rusty, hello.
RUSTY DORNIN, CNN CORRESPONDENT: Well, Daryn, they were scheduled to be sentenced today. But it's unclear whether that's going to happen or not, especially in the case of Marjorie Knoller.
For the past couple of hours, her attorney has been arguing that she should get a new trial, especially on the second-degree murder conviction. He is arguing that there was insufficient evidence to support a second-degree murder conviction. He also says the judge in this case, James Warren, was unfair in his hearing and violated her constitutional rights but not allowing her attorney to object during closing arguments.
Now, the judge in this case does carry a burden somewhat. He is the grandson of the chief Supreme Court Justice Earl Warren. So he's going to take all of these legal arguments very seriously. He says he will not rule on this until he has heard all of the arguments. And he may not rule today, which means the sentencing may not take place today.
However, if this motion fails and he decides to sentence the pair, Noel and Knoller could face stiff penalties.
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE: We the jury, in the above entitled action, find the defendant, Marjorie Knoller, guilty of the crime of murder in the second degree.
DORNIN: A verdict that shocked more than just the defendant. In March, Marjorie Knoller became the first person in California convicted of murder for an act committed by her pet.
Thirty-three-year-old lacrosse coach Diane Whipple was trying to get into her own apartment when she was attacked in the hallway by a dog and mauled to death. The dog, a Presa Canario, was one of two owned by Knoller and her husband, Robert Noel.
Both were convicted of lesser manslaughter and mischievous animal charges. He faces up to four years in prison. Knoller faces 15 years to life.
UNIDENTIFIED MALE: There is a possibility that Marjorie Knoller could spend the rest of her life in jail.
UNIDENTIFIED MALE: There's that possibility.
UNIDENTIFIED MALE: And what do you think about that? Do you think that's fair?
UNIDENTIFIED MALE: That's not my responsibility. I believe she committed murder. I believe she should be sentenced to the sentence prescribed by law, and that's 15 years to life.
DORNIN: Her newly appointed lawyer, Dennis Riordan, will argue that Knoller should get a new trial. That she wasn't properly represented by Attorney Nedra Ruiz.
NEDRA RUIZ, DEFENSE ATTORNEY: ... falls down on Ms. Whipple.
DORNIN: Something Ruiz herself claimed after the conviction.
RUIZ: Considering how insufficient the evidence was, I have to think that perhaps my mistakes contributed to this terrible, terrible unjust verdict.
DORNIN: Knoller's new attorney also claims that what happened in that hallway does not fit California's definition of second-degree murder. That the act must be intentional and result in a high probability of death. Riordan says it just doesn't fit in this case.
San Francisco district attorney Terrence Halanan says prosecutors already proved to a jury that it does fit.
UNIDENTIFIED MALE: The act of taking them out in the hall under those circumstances constituted the intentional act. And knowing what the history of those dogs had been, that there was a high possibility of death by doing that.
DORNIN: As for the dogs, both have been destroyed.
(END VIDEOTAPE)
Now, when I spoke with the defense attorney, Dennis Riordan, the other day, he indicated he felt his arguments were very strong legally, but he really didn't think he had much of a chance to get a new trial. But it looks like this judge is seriously considering all of the arguments.
So we'll just have to see now if the sentencing does take place today. We are expecting Sharon Smith, who is the domestic partner of Diane Whipple, to testify along with some other friends -- Daryn.
KAGAN: Well, and speaking of Sharon Smith, we're looking at the criminal track now. But there's a whole separate civil case going too, isn't there? DORNIN: That's right. Sharon Smith is also suing on a wrongful death suit. It would be a landmark case, in terms of a gay partner suing on a wrongful death suit.
KAGAN: Rusty Dornin in San Francisco, thank you so much.
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