Sep 22, 2008 7:24 pm US/Pacific
15-To-Life For Dog Owner In Fatal SF Mauling
SAN FRANCISCO (CBS 5 / AP / BCN) ―
A San Francisco woman whose two dogs viciously attacked and killed her neighbor in the hallway of their Pacific Heights apartment building seven years ago was sentenced Monday to 15 years to life in prison.
Marjorie Knoller, 53, was convicted of second-degree murder in the Jan. 26, 2001 mauling death of Diane Whipple — but a judge later reduced the charge to involuntary manslaughter and sentenced her in 2002 to a four-year prison term.
However, the California Supreme Court last year said the trial judge was wrong and sent the case back. Last month, Superior Court Judge Charlotte Woolard reinstated the murder conviction, for which Knoller was sentenced Monday.
The case is California's first murder conviction connected to a dog mauling. Assistant District Attorney Allison Macbeth said Knoller's behavior during and after the attack "was so egregious as to be precedent-setting."
Lawyers for Knoller promised to appeal her murder conviction, which they accused of being, in part, motivated by "San Francisco politics."
The case turned into a tabloid sensation because of the viciousness of the attack — the two massive Presa Canario guard dogs tore all of Whipple's clothing from her body and left her with more than 77 bites — and the seemingly cavalier attitudes of Knoller and her law partner and husband, Robert Noel, who blamed Whipple for the attack.
The attack occurred when Knoller was returning to her apartment after taking one of the more than 100-pound dogs, Bane, for a walk on the roof of the building. After the mauling began, the second dog, Hera, joined Bane in the attack.
Whipple, a 33-year-old lacrosse coach, was later found outside her door in the hallway. She had lost one-third of her blood in the attack.
The Knollers said they were keeping the canines on behalf of a white supremacist accused of running an attack dog ring from his state prison cell. The couple eventually adopted the prisoner, Paul "Cornfed" Schneider, as their son.
Schneider, a member of the Aryan Brotherhood prison gang, was planning a guard dog business to be called "Dog-O-War."
Knoller, who has already served three years in prison, will have to serve 12 more years before she can apply for parole.
In denying Knoller's plea for probation, 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.
Knoller left Whipple "in the hallway to die alone," Woolard said, adding that Knoller "continues to deny direct and personal responsibility for the death of Ms. Whipple."
"She has blamed the victim and has held her dogs in higher regard than humans," Woolard said.
Whipple's partner, Sharon Smith, addressed Knoller before she was led off to jail. Smith told Knoller that she had lived her life "recklessly" and that Whipple's death "was as preventable as it was tragic."
Smith called Knoller's relationship with the two dogs and the prisoner "perverted" and expressed satisfaction with the lengthy prison sentence.
"It is very hard to find forgiveness for someone who doesn't accept responsibility," Smith said.
Neither Knoller nor her attorneys offered a statement on her behalf during the hearing.
Knoller's attorney Dennis Riordan said outside the courtroom that he would appeal the second-degree murder conviction as "an unconstitutional judgment."
"Legally it is not and never has been murder," Riordan said.
Riordan claimed several errors had been made in the case, including the refusal by the superior court to appoint the trial judge James Warren, now retired, to hear the case after the Supreme Court sent the matter back to the superior court.
"There have been judgments in this case that have been politically driven, as well as legally driven," Riordan said.
Riordan said he hoped a decision on his appeal would be based on the law and not "controlled by San Francisco politics," he said without elaborating.
Riordan also said, "It simply isn't true that (Knoller) hasn't felt profound remorse for what has happened."
Deputy Attorney General Amy Haddix denied that politics had anything to do with the case, and maintained that Woolard's decision had been made after "a very careful evaluation of the facts."
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