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CNN Live Today

Judge Announces Sentence For Marjorie Knoller

Aired July 15, 2002 - 13:33   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: In the past hour, a judge in San Francisco announced the sentence for one of the two married people whose dogs mauled a neighbor to death last year.

CNN's Rusty Dornin is in San Francisco with that story -- Rusty.

RUSTY DORNIN, CNN CORRESPONDENT: Well, despite Marjorie Knoller's attorney arguing that this court had no jurisdiction, because her second degree murder conviction is on appeal, the judge in this case slapped the maximum sentence on Marjorie Knoller in the death of Diane Whipple, for involuntary manslaughter. That's four years.

Now the judge all along has made no secret of his dislike for both Marjorie Knoller and her husband Robert Noel. He has called them the most despised couple in San Francisco, and has called her behavior despicable, and called her a liar on more than one occasion. That's one of the reasons he did slap the maximum sentence on Marjorie Knoller. He says that she has committed perjury on some 52 occasions. She claimed that the dogs were never dangerous, that they never lunged at anyone. The judge, of course, in fact, that was not true. So he slapped the maximum aggravating circumstances onto that.

Now Ms. Knoller has already served much of her sentence. She would only have about 14 months left, but she will be sent to state prison. Now it's not over until it's over. There still is an appeal right now to overturn the second degree murder conviction.

In other words, to have it reinstated, to actually have the jury's conviction of Marjorie Knoller on second degree murder charges stand.

There is also the possibility that the appeals court could allow another trial, but it looks like district attorney Terrence Hallinan says he really would not be interested in a retrial. He is just hoping the appeals court says no, the original's jury's decision should stand and she is guilty of second degree murder.

Now, just following court proceedings, Sharon Smith, who was the domestic partner of Diane Whipple, did speak. She said she is very happy under the circumstances that Ms. Knoller is finally going to prison on involuntarily manslaughter charges.

PHILLIPS: But not a conviction for murder, Rusty. Are you surprised?

DORNIN: I'm not surprised. This judge was very careful. The legal standard in California is that when Marjorie Knoller walked out of her house with those dogs, she had to know that they were capable of killing someone. That's the standard in California for second degree murder. And the judge in this case said Marjorie Knoller lied about everything, but she didn't lie about the fact she did not know those dogs were capable of murder. Interesting thing too, district attorney says he holds only about a 5 percent chance that this appeal's court will stick with their decision, and come back and actually hold her to second-degree murder conviction.

So the DA in this case is not holding out that much hope.

PHILLIPS: Rusty Dornin in San Francisco, thanks, Rusty.

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