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'Dog-mauler' Gets Four Years

Aired July 15, 2002 - 14:26   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: Back in the courtroom, Marjorie Knoller learns her fate: More time in prison. She and her husband were convicted for the dog-mauling death of their neighbor earlier last year.

CNN's Rusty Dornin is outside the courthouse -- Rusty.

RUSTY DORNIN, CNN CORRESPONDENT: Well, Kyra, Marjorie Knoller's attorney tried to argue that sentencing her would constitute double jeopardy, since the state appeals court is looking at whether to even retry her again on a second-degree murder conviction. That, as well as saying that this court has no jurisdiction, period, fell upon deaf ears, as far as this judge was concerned. Judge James Warren has made no secret of his dislike of the couple, Marjorie Knoller and Robert Noel, calling them despicable liars and that they are the most despised couple in this city. And what he did was slap the maximum sentence on Marjorie Knoller for involuntary manslaughter. That's four years.

Now, some of the reasons he cited was Knoller has perjured herself many times by saying that the dogs were never dangerous, that they never tried to bite anyone. The only thing he said that she did not lie about was the fact that she did not know the dogs would actually kill someone, but that she did know that they were, indeed, dangerous.

Now, prosecutors were, you know, disappointed with parts of this case. But they are very glad that this sentencing wasn't postponed.

(BEGIN VIDEO CLIP)

JAMES HAMMER, SAN FRANCISCO ASST. D.A.: Although it's not everything we wanted, these are two people who said they would never be punished a day in their life for what they did. And they’ve now begun to receive some punishment for that, and that’s some degree of justice. As a matter of principle, we’re going to appeal, as Mr. Hallinan said, the dismissal of the murder count, and now it’s in the hands of judges.

(END VIDEO CLIP)

DORNIN: And what prosecutors are hoping for: that those judges will actually reinstate the jury's guilty conviction on second-degree murder. But the prosecutors here know that's an uphill struggle. That doesn't happen often. He’s have to recount -- and he even said it’s like a five percent chance that that would happen. Meantime, Sharon Smith, Diane Whipple, the victim's, domestic partner, said it was very emotional, of course, after the proceedings, after the sentencing, but did say that she was very happy that Marjorie Knoller is finally headed to state prison. Kyra?

PHILLIPS: Rusty Dornin, thank you.