Jul 28, 2005 8:41 am US/Pacific
State Supreme Court To Review Knoller Conviction
SACRAMENTO (Bay City News) ―
The California Supreme Court has agreed to decide whether a San Francisco woman whose dogs fatally mauled a neighbor four years ago can be given a second-degree murder conviction.
Attorney Marjorie Knoller was originally convicted of second-degree murder after her two powerful Presa Canario guard dogs attacked and killed her neighbor, lacrosse coach Diane Whipple, in a San Francisco apartment building on Jan. 26, 2001.
But the trial judge, San Francisco Superior Court Judge James Warren, later reduced the conviction to the lesser crime of involuntary manslaughter, saying that he did not believe Knoller knew her conduct was likely to lead to someone's death.
In May, however, a state appeals court set aside Warren's ruling and all but reinstated the murder conviction.
The appeals panel said there "appears to be ample evidence to support the jury's verdict" of second-degree murder and ordered Warren to reconsider the case.
Knoller then appealed to the state high court and the six justices currently on the court unanimously agreed on Wednesday to hear the case.
No date for a hearing on the case has been set. After the court hears the case, it will have three months to issue a written decision.
Knoller is currently out of prison on parole from a four-year sentence that Warren imposed after reducing the conviction. She lives with her mother in Florida.
If the second-degree murder conviction is reinstated, Knoller could be returned to prison and could face a sentence of 15 years to life.
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