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Metropolis Reality Forums « 2nd Degree Murder charge in Dog Mauling overturned »

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Rhune
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2nd Degree Murder charge in Dog Mauling overturned
« on: Jun 17th, 2002, 12:17pm »		 Quote Quote Modify Modify
SAN FRANCISCO, California (CNN) -- A California judge Monday threw out the second-degree murder conviction of a woman a jury deemed responsible for the dog mauling death of her neighbor.  
 
However, Superior Court Judge James Warren said convictions on charges of involuntary manslaughter and keeping a mischievous animal that kills were valid for both Marjorie Knoller and her husband, Robert Noel.  
 
He granted a motion for a new trial on Knoller's second-degree murder conviction, but it was not immediately clear if prosecutors would seek a new trial.  
 
Commenting on public reaction to the trial, he called the Knoller and Noel "the most despised couple in this city" and pointed out what he considered the couple's lack of remorse about the fatal attack of neighbor Diane Whipple.  
 
"I don't believe that anybody likes you," Warren said. But he said the evidence did not support a second-degree murder conviction as defined by state law. Whipple's domestic partner, Sharon Smith, wept as the judge announced his decision.  
 
Knoller, 46, was convicted in March of second-degree murder, involuntary manslaughter and keeping a mischievous animal that kills. She had faced a mandatory sentence of 15 years to life in prison, but the judge's decision greatly reduces the time in prison she could face.  
 
Noel, 60, was convicted of the second two charges and could be sentenced to up to four years in prison.  
 
Whipple, 33, was mauled to death January 26, 2001, as she returned home from a trip to a grocery store. The attack occurred in the hallway of her apartment building as Knoller watched.  
 
Knoller and Noel had maintained that the death of Whipple was a tragic accident, but jurors in March rejected that claim. They concluded that the couple had ignored repeated incidents and warnings involving their two large Presa Canarios dogs, Bane and Hera.  
 
Knoller's attorney had argued to Warren that there was never enough evidence to merit a murder case against Knoller and asked for a new trial. Noel's attorney argue Warren had made errors that warranted a new trial.  
 
The five-week trial, moved to Los Angeles because of pre-trial publicity, gripped much of the nation as prosecutors described a horrific attack in which Whipple was bitten all over her body -- her throat ripped, her clothes torn off -- by one of the dogs.  
 
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wingnut
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Re: 2nd Degree Murder charge in Dog Mauling overtu
« Reply #1 on: Jun 17th, 2002, 2:02pm »		 Quote Quote Modify Modify
Wow  Shocked  I cannot believe that the person who owned the dog watched the attack and did nothing to intervene.  I just feel sick reading this  Embarassed
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Rhune
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Re: 2nd Degree Murder charge in Dog Mauling overtu
« Reply #2 on: Jun 17th, 2002, 2:12pm »		 Quote Quote Modify Modify
Oh they're horrible people if you've read a lot about them.. they blamed the victim for the attack, saying it was her fault for being on her period and inciting the dogs to violence with her smell and all kinds of stuff. They adopted some grown man (??) who they represented and was a murderer, I believe (someone correct me if I'm wrong), and he's the one who hooked em up with the dogs in the first place.  There's some very shady stuff that went on with all that...
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MzzJoplin
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Re: 2nd Degree Murder charge in Dog Mauling overtu
« Reply #3 on: Jun 18th, 2002, 1:57pm »		 Quote Quote Modify Modify
Living in California, there was a LOT of coverage of this case on the local news ... I think that what happened is horrible, but I just wanted to say that I think (and I could be wrong about this) that the owner of the dog did try to stop her dog from attacking, and got pretty hurt herself during the process ... I remember seeing pictures of the owner with scratches/bites all over her ... she was a mess ...
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