Date=3/21/02

Type=Correspondent Report

Title=Dog Mauling Verdict (L-Only)

Number=2-287841

Byline=Mike O'Sullivan

Dateline=Los Angeles

Internet=YES

Content=

Voiced At:

Intro: A jury has found a San Francisco couple guilty on all five counts in the mauling death of a neighbor. Mike O'Sullivan reports from Los Angeles that the woman, Marjorie Knoller, was found guilty of second-degree murder in a case that legal experts have been watching closely.

Text: More than a year after the attack that killed the San Francisco sports coach, 33-year-old Diane Whipple, a jury found her neighbor, Marjorie Knoller, guilty of all three charges against her. In a Los Angeles courtroom, the court clerk read the verdict.

/// COURT CLERK ACT ///

We the jury in the above-entitled action find the defendant, Marjorie Knoller, guilty of the crime of being the owner of a mischievous animal who kills in violation of section 399 of the California penal code.

/// END ACT ///

Marjorie Knoller, who is 46, was also found guilty of involuntary manslaughter and the more serious charge of second-degree murder. Her husband, 60-year-old Robert Noel, was convicted of owning a dog that kills, and involuntary manslaughter. Noel was not charged with murder because he was not present when the mauling took place.

The sensational trial revolved around the question of the owners' responsibility for controlling their two dogs, 54-kilogram Presa Canarios, which are known for aggressive behavior.

/// REST OPT ///

The couple, who are both lawyers, specialized in lawsuits on behalf of accident victims, homeless people and prison inmates. They obtained the dogs from a convict, a 39-year-old reputed white supremacist.

Prosecutors introduced more than 30 witnesses who said the dogs had terrorized them. The prosecutors compared the couple's handling of the dogs to the careless handling of a loaded gun. The lawyer for Marjorie Knoller said the dog-owner tried to save the victim by throwing herself between the dog and the woman.

But after the attack, the couple blamed the victim, a fact that the prosecutor highlighted to jurors.

Penny Whipple-Kelly is the mother of the victim. She spoke with reporters outside the courtroom.

/// WHIPPLE-KELLY ACT ///

Marjorie, from what I could see, never took any responsibility until it was convenient for her to do so at trial, or Mr. Knoller. They had tried all along to blame my daughter and anybody else that they possibly could instead of looking to themselves. And I'm just glad that the verdicts came out the way that they did.

/// END ACT ///

The trial was moved to Los Angeles because of the overwhelming publicity surrounding the case in San Francisco. The couple will return to San Francisco in police custody as they await sentencing May 10th.

The convictions for involuntary manslaughter carry possible sentences of up to four years in prison. Marjorie Knoller's conviction for second-degree murder carries a possible sentence of 15 years to life. (Signed)

Neb/PT