Knoller Sent Back To Prison In Dog Mauling Case
Updated: 9:44 am PDT September 23, 2008
SAN FRANCISCO -- A San Francisco Superior Court judge Monday ordered Marjorie Knoller, whose 2002 second-degree murder conviction in the dog mauling death of a neighbor was reinstated after a state Supreme Court ruling, back to prison for to 15 years to life. In denying Knoller's plea for probation and deciding on the prison sentence, Judge Charlotte Woolard noted that Knoller didn't call 911 or otherwise try to help Whipple during the 10-minute attack. The judge said Knoller knew the dogs were dangerous, ignored numerous warnings to train them and hasn't expressed remorse for the attack. "She has blamed the victim and has held her dogs in higher regard than humans," Woolard said.Outside the courtroom, Sharon Smith – the partner of Diane Whipple, who was killed in the attack -- said the sentence was justified because Knoller did nothing to stop her dogs.“She did nothing,” said Smith. “She choose to do nothing. When there was no one else in the halkway, just her. ..Her apartment was just a few feet away. She had guns in her apartment. She had options. She didn’t call 911. She didn’t call out for help. It speaks volumes about who she is.”Knoller defense attorney Dennis Riordan claimed politics had played a role in the re-sentencing.“There have been judgments in this case that have been politically driven,” Riordan said. “They have resulted in a murder conviction or re-instatement of a murder conviction.” Deputy Attorney General Amy Haddix disagreed.“I absolutely disagree with that,” she said. “15 years to life is mandated by the legislature. It should be imposed in every case where murder is committed. I think politics has nothing to do with this sentence today.” Woolard had previously denied a motion by Knoller's attorneys for a new trial, ruling that Knoller, 53, "acted with conscious disregard for human life," when two Presa Canario guard dogs owned by Knoller and her husband Robert Noel attacked Whipple, a 33-year-old lacrosse coach, in the hallway of their Pacific Heights apartment building on Jan. 26, 2001. The couple adopted the dogs from state prison inmate Paul "Cornfed" Schneider, a reputed member of the Aryan Brotherhood who was planning a guard-dog business to be called "Dog-O-War." They later adopted Schneider as their son, three days after Whipple's death.The attack occurred when Knoller was returning to her apartment after taking one of the dogs, Bane, for a walk on the roof of the building. After the mauling began, the second dog, Hera, joined Bane in the hallway. Trial evidence showed that Whipple suffered 77 wounds from the 150- and 130-pound dogs and lost one-third of her blood. The dogs had previously threatened people and other dogs about 30 other times, including others living in the apartment building, testimony showed. Knoller had also been warned previously by an experienced veterinarian that the dogs were large, dangerous and "had no training or discipline," according to Haddix. The 2002 jury's second-degree murder conviction of Knoller was subsequently overturned by trial Judge James Warren for a lesser, involuntary manslaughter conviction. Knoller served three years of a four-year prison sentence, and was released on parole with credit for good behavior while in prison. Noel, who was not present during the attack, was convicted of involuntary manslaughter and also spent three years in prison. The state Supreme Court in 2007 ruled Warren, who is now retired, used the wrong standard in reducing Knoller's conviction and ordered a new hearing on whether the second-degree murder conviction was the correct one. Knoller, who now lives in Florida and returned for the Sept. 22 hearing, showed no emotion during Woolard's ruling. She was led away by sheriff's deputies and remained in custody until Monday’s sentencing.
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