Diane Alexis Whipple (January 21, 1968 - January 26, 2001) is a lacrosse player and a college coach. He was killed in a dog attack in San Francisco on January 26, 2001. The dogs involved were two Presa Canarios: a man named Bane and a woman named Hera. Paul Schneider, the dog owner, is a high member of the Aryan Brotherhood and is serving a life sentence in a state prison. The dogs are being treated by Schneider's husband-and-wife lawyers Robert Noel and Marjorie Knoller, who live in the same apartment building as Diane Whipple. After a fatal attack, the state brought criminal charges against the lawyers. Robert Noel, who was absent in the attack, was convicted of ordinary murder. Marjorie Knoller, who was present, was accused of second-degree murder and convicted by a jury. Knoller's assassination belief, an unusual result for an unwanted dog attack, was rejected by a court judge but eventually enforced. This case clarifies the meaning of murder of the implied crime.
Video Death of Diane Whipple
Korban
Whipple was born in Princeton, New Jersey. He grew up and studied at a high school in Manhasset, New York, on Long Island. She was raised mainly by her grandparents, and is a talented athlete from a young age. He became an All-American lacrosse player twice in high school, and then at Penn State. He twice became a member of the US Women's Lacrosse World Cup team.
Whipple then moved to San Francisco, and came a few seconds after qualifying for the 1996 US Olympic team on the track and field, for 800 meters. However, he did not compete in the 1996 Olympic Team Exam. He became a lacrosse coach at Saint Mary's College of California in Moraga, California.
At the time of his death, Whipple lived in San Francisco Pacific Heights with his partner in the country for six years, Sharon Smith.
Maps Death of Diane Whipple
Performers
Marjorie Fran Knoller (born 1956) and Robert Edward Noel (born c.1942) are lawyers married to each other. They had a dog that killed Diane Whipple in San Francisco on January 26, 2001. After a trial that attracted international attention, they were sent to prison for accidental killing. But on August 22, 2008, San Francisco Judge Charlotte Woolard returned [2] the conviction of Knoller's second degree murder. Knoller was immediately taken into custody. In September 2008 he was offended for 15 years living in prison. [2]
Since Knoller was reported to be 46 years old in 2002, he was born c.1956. After studying at Brooklyn College, Knoller graduated from McGeorge School of Law in Sacramento, California.
Since Noel was reported to be 60 years old in 2002, he was born c.1942. He "graduated from the Law Faculty of the University of Baltimore in 1967."
Both were married in 1989. (p.138) Beginning in the mid-1990s, Noel and Knoller ran their "law office... from the changed cabinets in their Pacific Heights apartments" in San Francisco. (p.144)
In 2000, Knoller and Noel "acquired their two Presa Canarios, named Bane and Hera, through their relationship with a pair of Prison inmates of the Bay State Prison Jail, Paul 'Cornfed' Schneider (whom they adopt as their son) and Dale Bretches, a gang member Aryan Brotherhood. "Knoller and Noel first met Schneider in court. (p.148) Bane is a Hera male and female; in January 2001, "Bane weighs 140 pounds and Hera is close to 100 pounds."
Events dated January 26, 2001
Though due to his larger size, Noel "usually handles Bane," Knoller "alone at home with dogs" on January 26, 2001, and "Bane had to go out," so "he decided to take Bane to the roof, only one flight up the stairs. "Diane Whipple" came back from a trip to the grocery store "when Bane and maybe Hera attacked her in the hallway. (The role of Hera in persecution is never really established. "There is no" way to prove or disagree "that Hera participated in the attack on the Whipple, but," Hera has parts of Diane's [Whipple] clothing in his droppings, "and "experts and authorities speculate that the bite in Whipple's inner thighs is likely to be from Hera." (pp.277-278) .)
The dog (s) caused "77 wounds" to the Whipple, with "only the scalp and legs escaping [ing] harm." Whipple died at San Francisco General Hospital; the cause of death is "blood loss from some traumatic injuries (dog bite wounds)." (pp.10,28)
Aftermath
Bane "was destroyed immediately after the attack"; Hera was arrested and destroyed in January 2002.
On January 29, 2001, "Knoller and Noel formally adopted [ed] Schneider, who [[[]] served a life sentence for aggravated aggression and attempted murder." It was reported that "even their relatives did not understand" adoption.
In March 2001, a grand jury demanded Knoller and Noel. Knoller was charged with murdering second-degree murder and accidental murder, Noel was alleged to have committed an accidental murder, and "both of whom were facing criminal offenses to nourish a dog."
The trial by the jury, which began in January 2002, "was transferred to Los Angeles due to extensive publicity in the Bay Area." Among other aspects, the trial was noted for:
- Kimberly Guilfoyle's participation as the "second chair" to lead prosecutor James Hammer. (p.211)
- Opens the argument by Knoller's defense attorney Nedra Ruiz in which he "kicks the jury box, yells and falls with his hands and knees to reimpose what he describes as Knoller's attempt to protect Whipple from dog attacks." li>
- Knoller's testimony, which included claims that he "tried [ed] to protect Whipple," that "he... kicked out neighboring doors for help," and that "12 of 13 incidents were told by witnesses of previous attacks by dogs the couple "has not happened yet. Attorney Hammer tried to "pierce the hole" in this testimony.
- "National and international press" (for example, in "Japanese, English, and Australian"), with a "media circus" atmosphere, and "flood" talks in the Internet chat room about the case. (pp.287-289,293)
The jury punished Knoller and Noel in all respects in March 2002. Knoller became "the first person ever convicted of murder in case of persecuting dogs in California." The jury interviewed after the trial said that Knoller's testimony "can not be trusted."
In April 2002, Knoller replaced his lawyer Nedra Ruiz with Dennis Riordan's lawyer. A San Francisco Superior Court judge, in a June 2002 ruling, canceled the conviction of Knoller's second degree murder because he could not "say, as a matter of law, that his [Knoller] behavior was such that he subjectively knew on January 26 that a humans seem to be dying. "Prosecutor Hammer called the decision a" parody. " (p.307)
Noel was sentenced in June 2002 "with a maximum sentence of four years" for unintentional murder. He was sent to the Deuel Vocational Institution but was later transferred to Oregon because "concerns that he represents prisoners and turnkey in California may jeopardize his safety."
Knoller was sentenced in July 2002 to four years in prison for accidental killing and "transferred within hours" to Valley Valley for Women (VSPW). In September 2003, Knoller "still serves his time" at VSPW when Noel was sent from Oregon to the Desert High Country Prison and then released to Solano County.
While in VSPW, Knoller "refuses to work." The January 1, 2004, Los Angeles Times stated that Knoller underwent all "16 months of four-year sentence" in VSPW, which is "typical for inmates who avoid trouble in prison and receive credit, for serving in prison before punishment. "The January 1, 2004, San Francisco Chronicle states that Knoller will be released from VSPW to" serve a three-year parole somewhere in Southern California. " According to a newspaper report dated January 3, 2004, however, Knoller was actually released from the Central California Women's Facility on January 1, 2004, and sent to Ventura County on parole.
The provisions of Knoller and Noel's haters include:
- did not contact Schneider.
- have no dogs.
- do not call each other.
The Office of the California Attorney General, Bill Lockyer, filed an April 2003 appeal against the June 2002 High Court that overturned the conviction of Knoller's murder. In May 2005 California District Superior Court returned the jury's verdict on second-degree murder; Knoller's lawyer Dennis Riordan said he would appeal the Court of Appeal's decision.
Following Knoller and Noel's beliefs in 2002, the State Bar of California has suspended their legal license. In April 2007, it was reported that Knoller and Noel had lost their legal license. Knoller resigned from his license in January 2007, and Noel was dismissed in February 2007.
In May 2007, the California Supreme Court sent the case back to the High Court in 2002 "to consider returning the level of conviction for second-degree jury murder." California Supreme Court "rejected both lower court standards and said Knoller, or other defendants responsible for accidental but fatal injuries, could be punished for murder if they acted 'consciously ignoring dangers to human life'."
On September 22, 2008, the San Francisco Superior Court re-established Marjorie Knoller's conviction for second-degree murder. The court sentenced Knoller to serving 15 years living in a state prison, with credit for the time spent.
References
Attack
On January 26, 2001, after returning home with a shopping bag, Whipple was attacked by two large dogs Perro de Presa Canario in the hallway of his apartment building. The dogs, named Bane and Hera, were cared for by neighbor Marjorie Knoller and her husband, Robert Noel.
The real owner of the dog, Paul Schneider, is a high-level member of the Aryan Brotherhood prison gang who is serving a life sentence in Pelican Bay State Prison. Schneider and his cellmate, Dale Bretches, tried to start Presa Canario's illegal dog business from prison. They initially requested acquaintances of Janet Coumbs and the owner of the Hard Times Kennel/breeder James Kolber from Akron, Ohio to raise dogs during their imprisonment. Against Kolber's suggestion, Coumbs chains the dogs in a remote corner of the farm, which causes them to become more aggressive. After Coumbs fell in love with Schneider, lawyers Noel and Knoller agreed to take over the dogs. They had become acquainted with Schneider while doing legal work for the prisoners, and had adopted Schneider (then aged 38) as their lawful son a few days before the persecution. Bane, which is bigger than a dog, weighs 140 pounds (64 kg).
Just before the attack, Knoller took the dogs to the roof; Bane - and maybe Hera - attacked Whipple in the hallway. (Hera's role in the persecution was never really established.) Whipple suffered 77 cuts on every part of her body except for her scalp and buttocks. Another neighbor called 911 after hearing Whipple's scream. Whipple died a few hours later at San Francisco General Hospital from "blood loss due to some traumatic injuries (dog bite wounds)".
Bane was euthanized immediately after the attack; Hera was arrested and then euthanized in January 2002.
Whipple memorial ceremony at St. Mary's College, held on Thursday, February 1, 2001, was attended by over 400 people.
Legal proceedings against dog owners
In March 2001, a grand jury demanded Knoller and Noel. Knoller was indicted for a second-rate murder and accidental murder, Noel was alleged to have committed an innocent murder, and "both were facing criminal offenses to nurture a dog".
In the trial, Knoller argued that he had tried to defend the Whipple during the attack. However, the witness testified that Knoller and Noel had repeatedly refused to control the dogs; a professional dog walker gave testimony that, after he told Noel to muzzle his dogs, he told him to "shut up" and call his offensive names. An acquaintance Noel testified that Noel did not apologize after Hera bit him a year before the fatal attack. In the end, the jury found Noel and Knoller guilty of unintentional murder and possessed a mischievous animal that caused the death of a human, and found Knoller guilty of second-degree murder. Their beliefs are based on the argument that they know the dogs are aggressive towards others and that they do not take adequate precautions. Whether they actually train dogs to attack and fight remains unclear.
Although the jury found Knoller guilty of second-degree murder, court judge James Warren gave Knoller a new trial of second-degree murder conviction; The judge believes that the proper standard for convicted crime killing necessitates that Knoller knows that bringing a dog into the hall involves a high probability of death. Although the judge gave a new trial for second-degree murder charges, he sentenced Knoller to four years in prison for involuntary unintentional murder on July 15, 2002. Murder and murder are exclusive: a person can not be punished for ordinary murder and murder to kill a person same. The state appealed to the judge's actions and attempted to restore the conviction of second-degree murder.
After Knoller and Noel's conviction in 2002, the State Bar of California suspended their legal license. Noel was fired in February 2007.
On September 14, 2003, Noel was released from prison.
In early 2004, both Knoller and Noel had fulfilled their requirements for assassination conviction, and Knoller came out with guarantees, while second-rate assassination was under appeal.
In May 2005, the country's appellate court overturned a judge grant for a new two-story murder trial for Knoller. The appeals court ruled that the murder of implied crime requires no knowledge of the likelihood of high mortality but rather as a conscious abandonment of serious bodily injury. The appeal court returns the case to the lower court to reconsider Knoller's actions for a new court by using a serious body injury standard for murder of implied crimes.
Knoller appealed the appeal court's decision to the California Supreme Court.
On June 1, 2007, the California Supreme Court rejected the Court of Appeal's decision and ruled that the murder of a deliberate crime requires proof that a defendant acted "consciously ignoring" the danger to human life. The Supreme Court declared that the standard of trial trials for murder of implied crimes (which demanded a high probability of death) was too strict and the standard of appeals court (which required only serious physical injuries and not harm to human life) was too wide. The Supreme Court returns the case to court to reconsider whether to allow second-degree murder convictions to stand before this new excuse. San Francisco Superior Court returned the sentence for second degree murder, and on September 22, 2008, the court sentenced Knoller to death 15 years.
Knoller then appealed to the court action.
On August 23, 2010, the First District High Court unanimously sued Knoller's conviction, discovering that he acted consciously disregarding human life when Presa Canario escaped and killed Whipple. The California Supreme Court refused to hear its appeal for the decision. Knoller is currently serving his sentence at Valley State Prison in Chowchilla.
In November 2015, Knoller petitioned the United States Court of Appeals for the Ninth Circuit to overturn the conviction of second-degree murder. In February 2016, the Ninth Circuit confirmed the belief of Knoller's second degree murder.
Mitra Whipple, Sharon Smith, also managed to sue Knoller and Noel for $ 1,500,000 in civil damage. He donated a portion of the money to Santa Maria California High School to finance the lacrosse women's team.
See also
- A fatal dog attack in the United States
- Kimberly Guilfoyle, the attorney (along with James Hammer) in the first trial
References
Further reading
- Harrington, Joseph. "Angels' Death: The Inside Story of How Justice Applies in the San Francisco Dog-Mauling Case".
- Jones, Aphrodite. Red Zone: The Behind-The-Scene of the San Francisco Dog Mauling . ISBN: 0-06-053782-5
- Millan, Cesar. Cesar's Way (contains a section on this case).
- O'Leary, Shannon. Pet Noir (contains a story by O'Leary, illustrated by MariNaomi, of this case), Manic D Press.
- Wright, Evan. Hella Nation (contains an investigative report into the case, entitled "Mad Dogs and Lawyers")
External links
- Legal Discussion of Dog Biting
- Mauling San Francisco Dog
- TV coverage in court for case of Diane Whipple dog persecution
- San Francisco Chronicle Coverage
- "Descent into Darkness - Southern Poverty Law Center
- http://articles.latimes.com/2002/feb/25/local/me-maul25 Anna Gorman, LA Times, "Attorneys in the Mauling Dog Case Spreading a Very Different Style," February 25, 2002
- Jackson, Alex (August 30, 2014). "Dog owners are convicted of second-degree murder in fatal attacks against women". Los Angeles Times .
This case, against a backdrop of territory that often serves as an unwanted pet dump, is one of only a few national trials where prosecutors have brought murder charges in fatal dog attacks.... The National Canine Research Council estimates about 30 people are killed by dogs every year.
- Documentary Mugshots series from Court TV (now TruTV) "MUGSHOTS: Knoller and Noel - The Dog Scandal Assault" episode (2002) on FilmRise
- Document Archive SearchLaw News - Smith v. Knoeller, Noel, et. al ( San Francisco Dog Attack ). Retrieved 29 Dec. 2007.
- Marjorie Knoller in the Internet Movie Database. Retrieved 29 Dec. 2007.
- Robert Noel in the Internet Movie Database. Retrieved 29 Dec. 2007.
- Barry, David. Descent into Darkness. Two San Francisco liberal lawyers are involved in the Aryan Brotherhood. It costs them their freedom, and their soul. Intelligence Report , Southern Poverty Law Center, Summer 2002.
Source of the article : Wikipedia
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