Dog Owners Guilty On All Counts
Marjorie Knoller Guilty Of 2nd-Degree Murder
Defense lawyer Nedra Ruiz accused prosecutor Jim Hammer of pandering to the gay community by filing charges in the case. Whipple was gay.
Hammer said Ruiz is "desperate" and should have been cited for contempt of court.
The jury had to decide whether the couple should have known their huge dogs, which weighed 125 and 112 pounds, were potentially lethal before they attacked Whipple, who weighed about 110 pounds. Both dogs have since been euthanized.
In his closing argument Monday, Assistant District Attorney James Hammer told the jury that Knoller and Noel knew that their Presa Canarios, Bane and Hera, were aggressive -- and that they had lunged at some people and nipped at others before the attack on Whipple.
But lawyers for the couple countered that the two had no way of knowing the dogs -- part of a fighting breed -- would attack and kill their neighbor.
"It is a case full of passion and prejudice. You saw a lot of passion here this morning (from the prosecutor), and the reason you saw a lot of passion is because that's all there is to this criminal case," Noel's lawyer, Bruce Hotchkiss, told the seven men and five women of the jury.
The case was moved from San Francisco to Los Angeles because of pretrial publicity.
Hammer called the dogs "time bombs," and said Knoller and Noel should have noticed the earlier "explosions."
"This time, it killed a woman," he said, occasionally holding up a plaster cast of one of the dog's jaws and teeth.
Ruiz, Knoller's lawyer, said Sharon Smith lied when she testified that her domestic partner had told her about being bitten by one of the dogs about six weeks before she was killed.
"Sharon Smith has every right to sue for the wrongful death of her girlfriend, but she has no right to come here with false testimony and attempt to frame Marjorie Knoller for murder," Ruiz argued.
She suggested that her client was being tried for reasons of political expediency, saying that Hammer may be seeking "to curry favor with the homosexual and gay folks who are picketing (at the apartment complex) and demanding justice for Diane Whipple (pictured, left)."
Other dog-mauling cases in the United States in which murder charges were
brought:
Sabine Davidson of Milford, Kan., was convicted of
second-degree murder in 1997 after her three Rottweilers killed an
11-year-old boy. She was sentenced to 11 years in prison.
Jeffrey Mann of Cleveland was sentenced to 15 years to life
in 1993 for murder after he knocked his wife unconscious and
ordered his pit bull to attack her.
Two years ago, James Chiavetta of San Bernardino County,
California, was charged with second-degree murder but convicted
instead of involuntary manslaughter after his pit bull mix killed a
10-year-old boy. He had left the dog unleashed in the yard with an
open gate while he napped. He was sentenced to four years in
prison.
- March 20, 2002: Dog-Mauling Case: Partial Verdict In
- March 18, 2002: Defense On Attack In Dog-Mauling Trial
- March 18, 2002: Prosecutor: Dogs Were 'Time Bombs'
- March 14, 2002: Expert: Dog Owners Should Have Shown Remorse
- March 8, 2002: Dog Mauling Trial Ends Third Week
- February 19, 2002: Dog Mauling Case Gets Under Way
Copyright 2002 by Click2Houston.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.







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