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American Morning

Couple to be Arraigned in Dog Mauling Case

Aired April 13, 2001 - 11:35   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: Let's go to California for the latest in that dog mauling case that took place in San Francisco. A couple that is charged in the fatal attack will be arraigned today -- at least they're scheduled to be arraigned. Marjorie Knoller and her husband Robert Noel are being held on charges including involuntary manslaughter -- second-degree murder for Marjorie Knoller. The couple was caring for the two dogs that mauled 33-year-old Diane Whipple to death in January.

For more on the story and San Francisco's reaction to it we're joined on the phone; we're talking to KGO radio talk show Bernie Ward today. Bernie has been covering the story; he is calling us, though, from Washington, D.C.

Bernie, good morning.

BERNIE WARD, KGO RADIO TALK SHOW HOST: Hi Daryn, how are you?

KAGAN: Figure that one out, Bernie; how do you end up in Washington, D.C.?

WARD: Well, my kids are on Easter break and since I worked here for four years we're finally showing them where we lived for a while.

KAGAN: Very good.

All right, let's talk San Francisco. This couple is supposed to be arraigned today -- this was supposed to happen, I think, a couple weeks ago and there was a delay because they decided they wanted an attorney.

WARD: They decided they wanted an attorney, then they discovered -- the most recent fact is that they don't have any money, they say. So now that attorney is probably going to go and they're going to end up with a public defender. The attorney that they did have said that he was going to ask for a change of venue saying that they couldn't get a fair trial in San Francisco, given all the publicity that had been associated with it. And so now we don't know -- with the public defender everything is up in the air as to where it's going to go from there.

Many people think they were overcharged when they went with the second-degree murder charge, but we're just going to have to wait and see now where it goes. Also, the mother of Diane Whipple has been filed a wrongful death lawsuit against Marjorie Knoller and Mr. Noel alleging, of course, that they took her daughter away from her. The irony of that is that Diane Whipple was living with another woman, had been for eight years and under California law, her partner is unable to file a wrongful death suit because they were gay. Therefore, the mother has had to step in now and file the suit in her stead.

KAGAN: Right; want to get to that case -- to that part of the case in just a moment, but first more on the situation with this couple. As you pointed out, there's been a large amount of publicity with this case, but a lot of it brought on by the couple themselves that seem to continually come out and make these -- what many believe are outrageous statements about the victim herself.

WARD: You couldn't write this in a Hollywood script, Daryn. It turns out that the dogs were owned by two prisoners in the Pelican Bay State Prison, which is the highest security prison in California. It turns out that Knoller and Noel adopted one of these prisoners and made them his -- her -- their son. It turned out that he had, reportedly, nude pictures of her in the cell with him and there were other reports of whatever goings-on were going on between her, possibly, and one of the dogs.

I mean, it just keeps getting more and more bizarre the farther you get into it. And of course, they issued a statement suggesting that this whole thing may have been Diane Whipple's fault; that she may have done something to cause the dog to attack her to begin with.

KAGAN: Now as you mentioned, Diane Whipple was gay and was living with her domestic partner. That woman -- I know we had her on, although her name escapes me right now -- she did try -- I thought she did file a lawsuit -- a wrongful death lawsuit against the couple.

WARD: Yes, she did file it, but California law simply precludes it. It says that you have to be...

KAGAN: You can't do it. So the mother's lawsuit is instead of that, in place of that?

WARD: Right. The mother has filed hers, saying, OK, I'll file it then and then -- so she's going after them as well.

KAGAN: Hey Bernie, tell us the kind of comments you're getting on your talk show on KGO.

WARD: Well the comment -- you can't find a comment in their favor. The comments are everything from people shouldn't even be allowed to own these kind of dogs; the comments are we have to change the laws and make people more responsible; people want them charged with second-degree murder; people know that there were other times when they -- when people have said these dogs attacked them and nothing was done.

I have to tell you, I think it would be a good move to change the venue because the attitude in the San Francisco Bay area is just so anti their position that I'm not sure you could find a jury that could be impartial.

KAGAN: But Bernie, on the other hand, you've got to wonder where you go; I mean, here we are covering it on CNN. I think the whole country has been covering this story.

WARD: I think they have. But I think there's -- I think you obviously could go somewhere else, and maybe father down California and find people that don't have the same, I guess, vested interest because in San Francisco it's just come out one day after the next and it just keeps like a steady drumbeat.

But you're right, no matter where they go, it is going to be difficult and it's -- I doubt you're going to find any place where there's going to be any sympathy.

KAGAN: On the other hand, San Francisco does tend to be a very friendly animal-owner place and very pet friendly, doesn't it?

WARD: Oh, very much so...

KAGAN: A lot of dog lovers there.

WARD: Well, in fact they're at war right now with the United States Park Service; they've tried to stop them from taking their dogs off the leash in a couple of place and literally they had to have the police come in and clear a meeting a couple weeks ago with dog lovers versus the United States Park Service.

So yes, this is a city where they raised, I think it was $175,000 to $200,000 for a reward for a dog that had been killed by somebody that they didn't know. And the bay area contributed $200,000 as a reward to find out who did it.

KAGAN: All right, Bernie Ward, KGO talk show host; thanks for joining us. We'll have to have you back as the case progresses. Meanwhile, you enjoy the trip with the family.

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