Return to Transcripts main page

American Morning

Prosecution Will Get Its Chance Today to Cross Examine Marjorie Knoller

Aired March 12, 2002 - 08:42   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.
PAULA ZAHN, CNN ANCHOR: To California now and the so-called dog mauling trial. The prosecution will get its chance today to cross examine defendant Marjorie Knoller, whose dogs mauled Diane Whipple to death. Yesterday, Knoller finally had the chance to tell jurors her side of the story.

Here's CNN's Thelma Guttierez.

(BEGIN VIDEOTAPE)

THELMA GUTTIEREZ, CNN CORRESPONDENT (voice-over): Marjorie Knoller took the stand for first time in her own defense. Her attorney, Nedra Ruiz, began by asking how she was feeling. Knoller broke down in tears, saying "I'm feeling awful just thinking about the horrible way Ms. Whipple died in that hallway. I'm in pain for everyone who knew her. My heart goes out to her family and friends."

NEDRA RUIZ, DEFENSE ATTORNEY; She has been accused of being unfeeling and remorseless. And nothing could be further from the truth, and we were happy to have her set the record straight today.

GUTTIEREZ: Knoller described her dogs, Bane and Hera, as docile, quiet and sweet. She talked of happier times with the dogs on the beach and restaurants, in crowded places, places where she says the dogs always behaved. She broke down in tears while looking at photos of the dogs.

RUIZ: These dogs actually gave Robert and Marjorie pleasure. They were good be around. They were good pets. And then they went berserk.

GUTTIEREZ: It happened in this hallway. Knoller was returning to her apartment with Bane just as Diane Whipple was entering her apartment with groceries. She almost made it inside. But something caught Bane's attention. Knoller described in chilling detail how Bane unexpectedly lunged at Whipple and began to tear at her body.

RUIZ: When bane went berserk, and started to attack Ms. Whipple, Ms. Whipple was lying on her stomach, and Marjorie actually threw her body on Ms. Whipple to try and prevent Ms. Whipple from being fatally injured.

GUTTIEREZ: When asked why she didn't run and call 911, Knoller cried, I didn't want to leave her, I beat Bane, I punched him, but he wouldn't stop doing what he was doing. Diane Whipple's domestic partner, Sharon Smith, says she doesn't buy it.

SHARON SMITH, WHIPPLE'S DOMESTIC PARTNER: After watching Marjorie's performance for the entire day, the only thing I want to say and really is using Ms. Ruiz's own words, she's lying.

GUTTIEREZ: Knoller's mother says her daughter is remorseful, that she's paid a high enough price by spending the past year in jail.

HARRIET KNOLLER, KNOLLER'S MOTHER: She can't eat, she lost weight. Do you understand -- why is she incarcerated the way she is?

GUTTIEREZ: Marjorie Knoller took the stand for six hours on Monday. Tuesday is not expected to be any easier. She will continue with her testimony, and then she'll be grilled by the prosecution.

Thelma Guttierez, CNN, Los Angeles.

(END VIDEO CLIP)

ZAHN: And the attorney representing Knoller's co-defendant Robert Noel rested his case yesterday without calling her to the stand. Joining us to talk more about this case and the Andrea Yates murder trial where closing arguments will get under way in a couple of hours, former federal prosecutor Cynthia Alskne who joins us from Washington this morning.

Welcome back, Cynthia.

CYNTHIA ALSKNE, FMR. FEDERAL PROSECUTOR: Thank you, good morning.

ZAHN: Good morning.

How do you think Marjorie did yesterday? And how different might it be today when she's cross-examined?

ALSKNE: Well, it will be very different today. People have asked me over and over, do you think this crying is effective? And the problem is the jury knows and the cross examination will highlight, that following the incident, following the death of Ms. Whipple, she was on television essentially blaming Ms. Whipple, so now it's very difficult to turn around and begin sobbing about it. And you really won't know how her testimony goes over all with the jury until you compare it with the cross examination.

Oftentimes, defendants are very effusive and they're chatty and they're sorry and everything when their own lawyers are asking them questions, and when the prosecution begins a hard-charging cross, they become very different, and that will be important for the jury to see those differences.

ZAHN: So besides what you're saying, trying to show the contradiction in what Marjorie Knoller said right after Diane Whipple was killed, and what she said on the stand, what else are they going for today?

ALSKNE: Well, there's a lot of material for prosecutor. The prosecutor had 20 witnesses that should have provided these dog owners some warning that their dogs were dangerous, and they will go through each one of those witnesses and force her to say whether or not that person was lying or telling the truth, and the idea for that is so in the end, they can compare, they can have her saying, no, all these people were lying and I'm the only person telling the truth, and that's an effective area of cross examination that I'm sure will come here.

There's also a whole bunch of information about their relationship with this Aryan prison gang and the sale of the dogs, which she denies, and yet there is physical evidence which supports that, and there will be a huge block of the cross examination that deals with that.

ZAHN: All right, Cynthia, if we could, in closing, let's move on to Andrea Yates murder trial, what can we expect to hear in closing arguments from both sides today?

ALSKNE: Well, I think both sides will spend a lot of time obviously, on the psychiatric testimony, but they also know that when there is conflicting psychiatric testimony, often it comes down to the fact witnesses, people to sort of throw up their hands and think of the facts, and they do a gut level check on what do they think, if this woman really understood the difference between right and wrong.

So it may be that this nurse and some of the witnesses who testified immediately afterwards about her condition will be more important in the end than some of the psychiatric testimony. Expect it to come down to that fact, those fact witnesses, I think.

ZAHN: All right, well, thank you for the warning, and CNN of course will be covering the closing arguments live.

Cynthia Alskne, always good to see you. Thanks for your insights this morning.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com