Couple Guilty on All Counts in Dog Maul Death

March 22, 2002 -- A San Francisco woman was convicted of murder and her husband was found guilty of lesser charges Thursday in the death of their neighbor, who was ripped to pieces by their dogs outside her apartment.

Marjorie Knoller faces 15 years to life in prison for her second-degree murder conviction in the death of neighbor Diane Whipple, 33.

Knoller, 46, and her husband, Robert Noel, were both convicted of involuntary manslaughter and owning a mischievous animal that caused a death.

Noel, 60, did not face a second-degree murder charge because he was not present at the time of the attack. He faces up to four years in prison for involuntary manslaughter. Ownership of a mischievous animal carries a penalty of up to three years in prison.

Knoller's conviction was the first murder in a dog-mauling case in California and was believed to be only the third of its kind inrecent U.S. history. Sentencing is scheduled for May 10 in San Francisco. The trial was moved to Los Angeles because of the intense publicity surrounding the case.

‘Justice Was Done Here’

Noel and Knoller, both lawyers, sat stoically as the first four verdicts were read. But as the court clerk read out the fifth and final guilty verdict, on the second-degree murder charge, Knoller winced and gasped. She breathed deeply while defense attorney Nedra Ruiz squeezed her shoulders.

After the verdict, Whipple's domestic partner, Sharon Smith, said she felt a level of closure and that she always thought second-degree murder was an appropriate charge in the case.

"There's no real joy in this, but I feel a level of justice was done for Diane today," said Smith. "It's been a long 14 months. It's a very emotional moment for me."

The mauling victim's mother, Penny Whipple-Kelly, said: "I feel justice was done here. … Marjorie, from what I could see, never took any responsibility until it was convenient for her to do so at trial. They had tried all along to blame my daughter, and anybody else that they possibly could instead of looking to themselves and I'm just glad that the verdicts came out the way that they did."

Both Smith and Whipple-Kelly said they looked forward to their consolidated civil lawsuit against Knoller and Noel, which their lawyers hope to bring to trial by the end of the year.

Prosecutors said they hoped the case would send a message to dog owners nationwide who have potentially dangerous pets.

"Nothing will bring Diane Whipple back," prosecutor Jim Hammer said at a news conference. "But hopefully this will send a message across the country, across the world, about how people should regard other people."

The jury reached its decision on the final count early today after deliberating for approximately 12 hours over three days. The judge decided to delay the announcement of the verdict for a few hours to allow family members to gather in court. On Wednesday, jurors announced they had reached a decision on four out of the five counts against Knoller and Noel and they reconvened today to decide on the fifth charge.

Knoller and Noel owned the two Presa Canario dogs that attacked and killed their next-door neighbor, Whipple, in the hallway of their apartment building on Jan. 26, 2001.

During the five-week trial, prosecutors argued that Knoller and Noel were responsible for Whipple's death because they knew their dogs, Bane and Hera, were vicious and dangerous. The couple, prosecutors argued, could have foreseen — and prevented — the fatal attack. More than 30 witnesses told jurors about previous encounters where they recalled seeing the dogs lunging and snapping at neighbors in the building or passers-by.

Signs of Canine ‘Time Bombs’

In closing arguments Monday, Assistant District Attorney Jim Hammer said the dogs were "time bombs" getting ready to explode and Knoller and Noel did nothing to defuse the threat their canines posed.

"It was perfectly foreseeable and they didn't stop it," Hammer said. "They got off on it some way — power trips. … By Jan. 26 it was not a question of whether someone was going to be mauled. The only question was when and who and where."

Smith testified that her girlfriend was bitten by one of the dogs six weeks before the attack and that Whipple warned Knoller and Noel to keep their dogs under control.

But defense attorneys called the mauling death a tragic accident and said no one could have foreseen the dogs' fatal attack on Whipple. During the trial, several defense witnesses recalled Bane and Hera as gentle, nice dogs that showed no signs of aggression. The defense also noted that no one filed complaints about the dogs before the attacks and argued that Bane and Hera were not trained to be vicious.

Noel did not testify at the trial. But Knoller, at times sobbing loudly on the stand, vehemently denied that she could have foreseen the brutal attack on Whipple.

"It was a bizarre event," Knoller said. "How could you imagine a dog that was gentle and loving could do something so horrible and brutal and disgusting and gruesome?"

Knoller: ‘I Tried to Save Her’

Pointing to pictures of her client's injuries after the attack, defense attorney Ruiz told jurors that Knoller tried to save Whipple and shield her from her dogs. Knoller testified that she immediately tried to save Whipple's life and at one point tried to apply pressure to a gash in the victim's neck as she tried to control Bane.

"It was a battle," Knoller said. "It was between 10 and 20 minutes. It seemed like an eternity. … I finally was able to get to my feet and I was restraining him with everything I had left. I was holding on to him for dear life and hoping he wouldn't go back to doing what he had been doing. I wanted to get him away from Diane Whipple."

But jurors said after the verdict that they did not find Knoller's testimony convincing.

"From our point of view, the testimony was not believable," said jury foreman Don Newton. "That was crucial to our decision in regard to theverdict of second-degree murder."

In her closing arguments, Ruiz also accused Smith of lying when she testified that Whipple suffered a previous bite by one of the dogs and feared them.

"Sharon Smith has every right to sue for the wrongful death ofher girlfriend," Ruiz said. "But she has no right to come herewith false testimony and try to frame Marjorie Knoller formurder."

Weeks of Courtroom Fireworks

During the trial Ruiz clashed with the trial judge, Superior Court Judge James L. Warren, over her often theatrical litigation style. During opening statements and sometimes during the trial — despite the judge's protests — she crawled on the floor in front of jurors as she tried to illustrate how Knoller allegedly tried to shield Whipple from the dogs.

After a courtroom clash Monday, Ruiz accused prosecutors and Warren of bowing to political pressure from the gay community in San Francisco. She suggested that charges would have never been brought against Noel and Knoller if the gay community had not pressured the prosecution.

Prosecutors scoffed at Knoller's testimony, pointing to witnesses who said they did not hear the defendant immediately intervening in the attack.

Bane was identified as the primary attacker in the fatal mauling and euthanized shortly after the attack. Hera somehow escaped her owners' apartment during the attack and her role in Whipple's death remains unclear. She was destroyed in January after Knoller and Noel lost a court battle to keep her alive.

Unusual Relationship Testimony Barred

Before trial, the judge barred testimony about allegations of sexual conduct between Knoller and Noel and their dogs.

He allowed prosecutors to present evidence of the couple's relationship with members of the white supremacist prison gang Aryan Brotherhood, but he barred them from describing the group's racist leanings.

Noel and Knoller said they got the dogs from one of the gang members, a Pelican Bay State Prison inmate named Paul "Cornfed" Schneider, whom they had represented and legally adopted as their son.

Schneider and fellow Aryan Brotherhood member Dale Bretches, who are both serving life without parole, were allegedly trying to operate a business from behind bars, raising attack dogs for illegal drug labs.