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Second-Degree Manslaughter Conviction Against Knoller is Overturned

Aired June 17, 2002 - 13:05   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.
FREDRICKA WHITFIELD, CNN ANCHOR: Just moments ago a California judge overturned the second-degree murder conviction in the high- profile dog mauling case. The judge says the evidence did not support a murder conviction for Marjorie Knoller, second-degree manslaughter, that is.

The judge did uphold the convictions of involuntary manslaughter for Knoller and her and her husband Robert Noel. Knoller and Noel were also convicted of owning dangerous dogs. Diane Whipple was attacked by at least one of the dogs in the apartment hallway, and that was in January of 2001. During the trial, neighbors testified about a variety of frightening encounters with the dogs and their owners.

And joining us now for more on this case is CNN legal analyst Jeffrey Toobin. Thanks again for sticking around.

The second-degree conviction -- the second-degree murder conviction was unprecedented. But now that, that has been overturned, would it be in the best interest of the prosecutors to try and retrial Marjorie Knoller on second-degree manslaughter?

JEFFREY TOOBIN, CNN LEGAL ANALYST: It seems like it would be a long-shot because it's hard to imagine that there is more evidence out there that the prosecutors didn't present at a first trial that they would successfully use in a second trial.

Undoubtedly, the prosecutors gave this case their best shot. They investigated the case as thoroughly as they could. And based on everything that was put forward, the judge said, "that's not enough; it's not enough to prove that Marjorie Knoller knew in her own head there was a high probability that these dogs were going to kill.

So based on the fact that there is a conviction on the lesser counts, and that those counts seem like all that this judge is going to approve, a new trial seems somewhat unlikely to me.

WHITFIELD: Well, if he says that it's not enough for the second- degree manslaughter, then is that an indication that he might be lenient as pertains -- as it pertains to the sentencing phase of the involuntary manslaughter convictions?

TOOBIN: I don't think so. Just because he ruled out second- degree murder, the judge was also very clear, in fact, he used the word "despicable" to describe the conduct of this husband and wife, Knoller and Noel. He is not...

WHITFIELD: OK Jeffrey, I'm sorry, I've got to interrupt you, and we'll try and bring you back.

We have to go out to Salt Lake City now for an update on the investigation involving the missing teenager.

(INTERRUPTED BY CNN COVERAGE OF A LIVE EVENT)

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