18 Apr 2002

dog maul case woman may get retrial; sentence delayed

A San Francisco judge ruled that he will allow a new attorney for the San Francisco woman convicted of murder in a fatal dog attack.

A San Francisco judge has agreed last week to accept a new lawyer for Marjorie Knoller, the woman convicted of second-degree murder in the dog mauling death of Diane Whipple, according to media reports.

Whipple, 33, died of her injuries on Jan. 26, 2001, following the attack in the hallway of her Pacific Heights apartment she shared with her partner of seven years, Sharon Smith.

Knoller, 46, and her husband Robert Noel were in court Friday, as new attorney Dennis Riordan argued to have the verdict thrown out. Her husband Noel, 60, was found guilty of involuntary manslaughter, and of being the owner of a mischievous animal, which caused death.

Riordan replaces defense counsel Nedra Ruiz who is said to have argued her case in a dramatic style and was on her fours mimicking the dogs in the courtroom at one point. Her behaviour during the trial got her into trouble with the judge and the jury.

She further claimed that Whipple might still be alive if her partner Sharon Smith had lodged a complaint against the dogs.

The judge's decision has attracted criticism - highlighting the fact that asking for a retrial may be an antic as the pair who are lawyers are more than likely to have control over the situation and Ruiz.

The judge postponed sentencing for Knoller from May 10 to June 7 and will either sentence Knoller to 15 years to life in prison or grant her a new trial.

United States