Fridae

Marjorie Knoller has been sentenced to the maximum four years in prison for the dog-mauling death of her lesbian neighbour, Diane Whipple, in their apartment building last year. However, with time served and good behaviour, she could be out in about 14 months.

Knoller, 46, was convicted in March of second-degree murder, involuntary manslaughter and having a mischievous dog that killed someone. She could have gotten 15 years to life in prison for murder but the judge threw out the charge, saying the evidence did not support a murder conviction because Knoller had no way of knowing the dogs would kill someone when she left her apartment that day in January 2001.

Her husband, Robert Noel, 60, was found guilty of the manslaughter and mischievous dog charges and has already begun serving his four-year sentence.

Judge James Warren said Knoller deserved the maximum because she had shown no remorse and had lied under oath in denying that her dogs were dangerous. He also said she ignored evidence that the dogs could kill someone.

"You knew those dogs were dangerous, you knew you could not control them, you took them outside anyway and it was clear at some point, someone was going to get hurt by those dogs," the judge told Knoller.

Knoller, along with her husband, was also ordered to pay a US$5,000 dollar fine and US$6,800 in restitution to Sharon Smith, Whipple's partner.

"This isn't about money. It wouldn't matter if it was $6,800 or $68 million," Smith said outside the court. "I'm very happy today to be where we are, and that's Marjorie going to prison. Her being sentenced on manslaughter was my best hope."

The couple were arrested after their 33-year-old neighbour, was attacked by the two huge Presa Canarios in their apartment hallway. Knoller denied responsibility and later said in a TV interview that Whipple could have saved herself by going inside her apartment.

The case stunned this city and made legal history when Smith won the same right as a spouse to sue for damages. The state Legislature enacted a law to allow wrongful-death lawsuits by gay partners.