Court to reconsider dog mauling verdict

[Sapphire Blue]

Court to reconsider dog mauling verdict
By PAUL ELIAS, Associated Press Writer


SAN FRANCISCO - A woman whose dogs fatally mauled a neighbor could get more prison time, after the California Supreme Court on Thursday ordered a trial judge to consider convicting her of second-degree murder rather than involuntary manslaughter.

A jury had first found Marjorie Knoller guilty of second-degree murder in the 2001 death of 33-year-old Diane Whipple. However, the presiding judge ruled that Knoller wasn't aware her two leashed Presa Canario dogs, each weighing more than 100 pounds, would escape her control and kill Whipple. The judge lowered the conviction to involuntary manslaughter.

(snip)

The California Attorney General's office, which took over prosecution of the case in the appeals court, said it will ask that the second-degree murder conviction be reinstated.

"Her conduct was heinous and egregious and was one of the worst second-degree murders I have ever seen," said Deputy Attorney General Amy Haddix. "We are very determined for the sake of the victims."

(snip)

The Supreme Court refused to hear the appeal of Knoller's husband, Robert Noel. Noel, who was convicted of involuntary manslaughter, wasn't at home during the grisly attack that tore all of Whipple's clothes from her body and left her with 73 different bites, including fatal injuries to the neck.


Continued @ http://news.yahoo.com/s/ap/20070601/ap_on_re_us/fatal_dog_mauling

[Bitwit1234]

1. Isn't that double jeopardy

after a person is found quilty of a crime, how can they be convicted with a different verdict for the same crime. You hear on TV all the time about double jeopardy. I guess I am not a lawyer and don't understand.

[napi21]

3. I'm not a lawyer either, but if you read the op, you'll see that this

lady WAS originally convicted of 2nd degree murder BY THE JURY. It was the judge who reduced the charge to manslaughter. The DA is trying to get the original charge with it's associated conviction re-established. I don't think THAT would amount to double jeopardy because it's NOT a new charge, or a new trial, but the overturning of a ruling by the judge who seems to have gone against the jury verdict.

[flvegan]

4. No, it isn't

It's a reconsideration of the charges.

[Suich]

2. This makes me very happy!

Thanks for posting the story, Sapphire Blue!

:hi:

[Sapphire Blue]

5. If there is any justice in this case, the second-degree murder conviction be reinstated.

[Suich]

6. Do you know what happened to the guy who they said owned the dogs?

The one the "adopted?" Wasn't he in Soledad?

[Sapphire Blue]

7. Serving a life sentence @ Pelican Bay state prison.

Biographies of dog trial figures
Jaxon Van Derbeken and Henry Lee, Chronicle Staff Writers
Thursday, March 21, 2002

Paul "Cornfed'' Schneider, 39. Inmate at Pelican Bay state prison, where he is serving a life sentence for attempted murder of a fellow inmate's lawyer, aggravated assault and robbery. A reputed leader of the Aryan Brotherhood prison gang, Schneider and his cellmate, Dale Bretches, came up with a scheme to use outsiders to help them raise and sell Presa Canarios under the name "Dog O' War.'' Noel and Knoller represented Schneider, ended up with two of the dogs, and in January 2001 adopted Schneider as their son. Schneider met the lawyers when he testified in a trial of a prison guard who was accused of co-owning a weapon with Schneider.

http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2002/03/21/bios.DTL

[alittlelark]

8. I live w/in 35 miles of the event - it was covered VERY WELL

Their 'Presa Canario' dogs http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2001/02/07/MNW32356.DTL are very expensive and sought after by ppl w/... uh, not good reasons.