Killer Dog's Owner Blames Victim

ByABC News
February 2, 2001, 2:58 PM

S A N   F R A N C I S C O, Feb. 2 -- The owner of a dog that killed a woman in a vicious attack outside her apartment last week today lashed out at the victim, trying to place blame for the mauling on her.

Attorney Robert Noel told reporters outside the Pelican Bay State Prison that the victim, St. Mary's College of California lacrosse coach Diane Whipple, did not go back into her apartment when she saw the 120-pound presa Canario dog straining to get at her. He said instead of going to safety, Whipple moved toward the dog, which only provoked the beast further.

But Noel, in his statements today and in an 18-page letter sent to the San Francisco District Attorney, did not stop at blaming Whipple for her alleged actions during the attack. He said the dog could have been set off by pheromone-based cosmetics or perhaps by steroids that he said Whipple, "as a serious athlete," may have been using.

The fatal attack occurred on Jan. 26, in the hallway of the apartment building that was home to both Whipple and to Noel and his wife, Marjorie Knoller. The couple, both attorneys, acquired the dog involved in the attack, Bane, and a female of the same breed, Hera, from a woman who was raising them for two prison inmates clients of Noel and Knoller.

According to Noel's account, even after Knoller, who was trying to restrain the dog, realized she couldn't and threw her body between Bane and Whipple, the lacrosse coach swung her arm and hit her would-be defender in the face and for some reason again moved toward the dog rather than back into her apartment.

Noel said his wife suffered injuries during the incident that prove she tried to defend Whipple from the dog. He said District Attorney Terence Hallinan should have looked at her injuries and "her bloody clothes before he goes shooting off his mouth."

The version Noel gave reporters today echoed his description of the incident in his letter to prosecutors, but seemed to contradict the account given by his wife to police.

In her statement after the attack, Knoller said Whipple repeatedly tried to move back toward her apartment, but every time she moved away, the dog renewed his attack.