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American Morning
Dog Owners in Deadly Attack Face Charges
Aired March 28, 2001 - 13:19 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.
NATALIE ALLEN, CNN ANCHOR: In northern California today, the couple whose enormous dogs killed a neighbor on her own doorstep is due in court to face serious charges. We get the latest from CNN's Rusty Dornin in San Francisco.
(BEGIN VIDEOTAPE)
RUSTY DORNIN, CNN CORRESPONDENT (voice-over): Two months after Diane Whipple was mauled to death by two dogs outside her apartment, the couple caring for the dogs face criminal charges.
TERENCE HALLINAN, DISTRICT ATTORNEY: Charging Marjorie Knoller with three counts: one count of murder in the second degree; one count of involuntary manslaughter; and one count of keeping a mischievous animal that kills a human being. Her bail is set in the sum of $2 million.
DORNIN: Her husband Robert Noel also faces involuntary manslaughter charges in keeping a dog that killed a human being. His bail: $1 million.
When police and animal control officer first arrived on the scene last January, they were stunned.
UNIDENTIFIED FEMALE: There was nothing in the hallway that I would recognize to be clothing. It was just shredded bits of cloth, clumps of hair and blood.
DORNIN: Almost immediately the attorney's caring for the dogs, Robert Noel and Marjorie Knoller, took a defensive posture. They insinuated the victim might have unwittingly provoked the attack either by wearing a certain perfume or through the use of steroids.
MARJORIE KNOLLER, DEFENDANT: I need to know what precipitated that response. It's not as if he was barking at her or being aggressive towards her. That only happened after, unfortunately, Ms. Whipple hit me in my right eye, and then he became aggressive towards her.
DORNIN: Prosecutors say it was the past vicious acts of the dogs that convinced the grand jury to file second-degree murder charges against Knoller.
JAMES HAMMER, ASSISTANT DISTRICT ATTORNEY: The killing was done with implied malice. That is, with such a level of reckless behavior, knowing the danger of something and consciously disregarding it, which resulted in someone's death.
DORNIN: Sharon Smith, Diane Whipple's partner, believes Noel and Knoller should be held accountable in civil court, too. She's filed her own wrongful death suit against the pair.
SHARON SMITH: They brought these dogs into this -- into this city, into this apartment building where they did not belong, and put all of us in danger. The worst possible outcome happened. It happened to somebody I love. And I want them to be held accountable for this.
DORNIN: Prosecutors say they hope to make Noel and Knoller ultimately responsible for the deeds of their dogs.
Rusty Dornin, CNN, San Francisco.
(END VIDEOTAPE)
DORNIN: This case from the beginning has taken a series of very bizarre twists and turns. And that continued up until the arrest of Noel and Knoller on Tuesday. Right after Marjorie Knoller had testified to the grand jury, the coupled had jumped in the car and were proceeding north of San Francisco.
They were pulled over and cited for reckless driving. Officers had followed the couple because they were suspicious that they might be a flight risk after hearing some comments that the pair had made to some prison officials in northern California.
They were arrested a short time later. They surrendered to police. And they are being held in a Tahoma County jail, which is about four hours north of San Francisco. They're scheduled to be arraigned this afternoon, Natalie.
ALLEN: So we don't know if they are going to be let out or not if they still believe they could be a risk to flee?
DORNIN: I think that is one of the reasons for the high bail, as you might have heard. Marjorie Knoller's bail is $2 million. And Robert Noel's bail is $1 million. They, of course, are going to try to get that reduced. I think the DA is pretty adamant about trying to keep that figure because they do fear that they could be flight risk.
ALLEN: And what about the other dog? One of the dogs was destroyed. Was the second dog destroyed as well after this?
DORNIN: No, the first dog they feel was responsible for the majority of the attack, the aggressor Bane. He was killed immediately on the site after Ms. Whipple was killed.
Hera was sentenced to death by a court here in San Francisco. But the DA did tell me this morning that they planned to keep Hera alive through the proceedings, through the court proceeding. She may be used as evidence. They may try to use her as evidence to show how vicious she still is, to show that she was also still involved in the attack.
ALLEN: Rusty Dornin, thank you, Rusty, on the story in San Francisco.
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