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American Morning
Closing Arguments Begin Today in California Dog Mauling Trial
Aired March 18, 2002 - 09:33 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.
FREDRICKA WHITFIELD, CNN ANCHOR: Closing arguments begin today in the California dog mauling trial. And now we'll bring you that update from CNN's Thelma Guttierez who has been following the trial.
(BEGIN VIDEOTAPE)
THELMA GUTTIEREZ, CNN CORRESPONDENT: February 19, opening states begin in the dog mauling trial. On that date, the only date cameras were allowed in the courtroom.
UNIDENTIFIED FEMALE: As he's attacking, she's lying on Miss Whipple.
GUTTIEREZ: A colorful cast of characters emerged.
UNIDENTIFIED FEMALE: You seen how they ripped her flesh.
GUTTIEREZ: Nedra Ruiz, the passionate defense attorney.
UNIDENTIFIED MALE: She heard what she concluded were the dogs coming up against her door, pounding.
GUTTIEREZ: Jim Hammer, the former Jesuit priest-turned prosecutor, co-prosecutor Kimberly Gilfeld Newsome (ph), a former lingerie model.
UNIDENTIFIED FEMALE: Miss Whipple is being bitten on her sides.
GUTTIEREZ: Defendant Marjorie Knoller, a San Francisco attorney now charged second with second-degree murder, her Husband Robert Noel, a former assistant U.S. attorney, shares charges with his wife of involuntary manslaughter and keeping a vicious dog.
And the vicious dogs, Bane and Hera, presa canarios that weighed more than their victim, 33-year-old Diane Whipple.
JIM HAMMER, PROSECUTOR: And she, too, saw Diane Whipple, naked, covered in blood, in a pool of blood, pushing herself up with her throat ripped out.
GUTTIEREZ: The details of what did or didn't happen in this hallway unfolded in the courtroom over four weeks of dramatic testimony.
UNIDENTIFIED FEMALE: While she was lying on top of Diane and trying to protect her, Bane was biting her.
GUTTIEREZ: Knoller tearfully testified in her own defense. For three days, she tried to convince jurors her once sweet, docile pets somehow went berserk, that there was no way she and her husband could possibly anticipate the horrific fury unleashed on Diane Whipple on January 26th, 2001. Witnesses testified on their behalf.
ANTOINETTE CREYER, DEFENSE WITNESS: The dogs were nice. They were mellow, really quiet and gentle.
GUTTIEREZ: But the prosecution argued gentle dogs capable of this. They called more than 20 witnesses, who said the dogs were aggressive, that they lunged at snarled and neighbors, including a little boy.
JOHN O'CONNEL, PROSECUTION WITNESS: One of the dogs just abruptly lunged at him, no forewarning, and totally terrified him.
GUTTIEREZ: The prosecution maintains Knoller and Noel were warned about their dogs increasingly aggressive behavior, that they did nothing to stop it. Sharon Smith, Whipple's domestic partner says, this make her former neighbors criminally responsible for Whipple's death.
SHARON SMITH, WHIPPLE'S PARTNER:: I knew Diane for seven years. And we spent about every minute together in that seven-year period.
GUTTIEREZ: Smith sat in the front row of courtroom. Several times she had to leave when photos of Whipple's ravaged body were shown to jurors.
SMITH: I think about her every day.
GUTTIEREZ: Did the couple feel remorse and accept responsibility? The prosecution pointed out a letter written by Robert Noel after the mauling to the couple's recently adopted son, a 38-year-old Pelican Bay prison inmate.
UNIDENTIFIED MALE: You know what he says, "Bane is dead, and so is one of our neighbors," and then he goes on to write that our neighbors want to put down Hera. "Damn the neighbors."
GUTTIEREZ: If Marjorie Knoller is convicted to murder for the actions of her dogs, that would be a first in California.
Thelma Guttierez, CNN, Los Angeles.
(END VIDEOTAPE)
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