Evidence Unsealed in Dog-Mauling Case
S A N F R A N C I S C O, March 29, 2001 -- Documents unsealed by a judge todaysuggest Marjorie Knoller and Robert Noel struggled to control theirdogs in a series of dangerous incidents before the animals fatallymauled their neighbor.
Knoller and Noel have long said the dogs were gentle. But manyof the newly released reports say the couple barely could controlBane and Hera.
The run-ins allegedly included two attacks on a blind woman andher guide dog. Another dog nearly died after being bitten. The deadwoman, Diane Whipple, had talked of being bitten once before. Andeven Noel nearly lost a finger trying to restrain the male dog,Bane.
Other descriptions of evidence unsealed today suggest thecouple had ample knowledge that the Presa Canarios were dangerousbefore they attacked and killed 33-year-old Whipple on Jan. 26 inthe hallway of their apartment building.
Prisoners Allegedly Sold Attorneys' Services
Correspondence between the couple and their clients — inmates atthe maximum security Pelican Bay State Prison — allegedly showsthat two inmates were selling the lawyers' services as part of abusiness training fighting dogs for people behind bars,investigators said.
The couple's apartment was searched as well as the cell of theinmates — Paul Schneider and Dale Bretches — both members of theracist Aryan Brotherhood serving life without parole.
Sgt. Joe Akin, a guard at the prison, said he discovered lettersindicating the dogs bit a blind woman and her dog on two separateoccasions, according to an affidavit supporting an additionalsearch of the cell.
"Akin also found a letter disguised as legal mail addressed toSchneider from either Noel or Knoller regarding sexual activitybetween Noel, Knoller and the dog Bane," along with nude photos ofKnoller, wrote Carlos Sanchez, a top investigator for the SanFrancisco District Attorney's office.
Sanchez told San Francisco Superior Court Judge Lenard Louiethat investigators believed the dogs Hera and Bane were beingsexually assaulted by Noel and Knoller — an allegation thatultimately did not result in any charges.
District Attorney Terence Hallinan may comment on the lack ofsex-related charges Friday, said his spokesman, Fred Gardner.
Both Noel and Knoller were indicted on charges of involuntarymanslaughter and keeping a mischievous dog that killed a humanbeing. Knoller — who failed to control Bane and Hera during theattack on Whipple — also faces a second-degree murder charge,punishable by 15 years to life.
Media Pressure Spurred Release of Case Documents
The copies of witness statements, police affidavits and lists ofevidence seized in the searches were released under media pressuremore than a month after the searches took place.
Such information is subject to the public records law andgenerally can't be sealed unless a judge gives the public priornotice and an opportunity to object.
The Associated Press, the San Francisco Chronicle and the SanJose Mercury News had asked the judge to make public the searchwarrants and prosecutors' theories supporting the searches. "Important documents relating to this investigation werefinally released to the public," said Rachel Boehm, the media'slawyer. "It's unfortunate we had to wait this long, however,because those documents should have been released to the public assoon as they were filed with the court."
Boehm said Judge Louie improperly sealed the documents inmid-February without first giving notice to the public. "This is a closely watched investigation," she said. "It'sextraordinary in a lot of aspects. And it's important for thepublic to be able to effectively observe how law enforcement andjudicial officials are handling an investigation of this sort."