Death of Diane Whipple

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Template:Short description Template:Requested move notice Template:Use mdy dates Template:Infobox person Diane Alexis Whipple (January 31, 1967 – January 26, 2001)<ref>Template:Cite web</ref> was an American lacrosse player and college coach. She was killed in a dog attack in San Francisco on January 26, 2001. The dogs involved were two Presa Canarios belonging to Paul Schneider, a high-ranking member of the Aryan Brotherhood serving three life sentences in state prison.<ref>Template:Cite web</ref> The dogs were looked after by Schneider's attorneys, Robert Noel and Marjorie Knoller, a husband and wife who lived in the same apartment building as Whipple. After the fatal attack, the state brought criminal charges against the attorneys. Noel, who was not present during the attack, was convicted of manslaughter. Knoller, who was present, was charged with implied-malice second-degree murder and convicted by the jury. Knoller's murder conviction, an unusual result for an unintended dog attack, was rejected by the trial judge but ultimately upheld. The case clarified the meaning of implied malice murder.

Early life of Diane Whipple

Whipple was born in Princeton, New Jersey. She grew up and attended high school in Manhasset, New York, on Long Island. She was raised primarily by her grandparents, and was a gifted athlete from a young age. She became a two-time All-American lacrosse player in high school, and later played at the university level at Penn State. She was twice a member of the U.S. Women's Lacrosse World Cup team.Template:Cn

Whipple later moved to San Francisco and tried to qualify for the 800 meters running event in track and field for the U.S. 1996 Olympics team, but she did not qualify and did not compete in the formal Olympic team trials.<ref>Template:Cite webTemplate:Dead link</ref> She became the lacrosse coach at Saint Mary's College of California in Moraga, California.Template:Fact

At the time of her death, Whipple lived in San Francisco's Pacific Heights with her domestic partner of six years, Sharon Smith.<ref name=advocate1>Template:Cite web</ref>

Background of the dogs

Attorneys Marjorie Fran Knoller (born June 20, 1955) and Robert Edward Noel (June 22, 1941 – June 22, 2018)<ref>Template:Cite web</ref> had care and control of the dogs that killed Whipple.

After attending Brooklyn College,<ref name=Costantinou>Costantinou, Marianne. Bad Company: How did two otherwise unremarkable lawyers end up enmeshed in one of the most bizarre and brutal killings San Francisco has seen in recent years? San Francisco Chronicle, June 10, 2001.</ref> Knoller received her J.D. degree from McGeorge School of Law in Sacramento, California.<ref name=Derbeken1/> Noel graduated from the University of Baltimore Law School in 1967.<ref name=Derbeken1/>

Noel and Knoller married in 1989.<ref name=Jones/> Starting in the mid-1990s, they ran their law office out of a converted closet in their Pacific Heights apartment in San Francisco, next door to Whipple.<ref name=Jones/>

In 2000, Knoller and Noel obtained the two Presa Canario dogs, named Bane and Hera, through their relationship with a pair of Pelican Bay State Prison inmates, Paul 'Cornfed' Schneider (whom they had legally adopted as their son), and Dale Bretches, both members of the Aryan Brotherhood prison gang.<ref name=Derbeken1/><ref name=Costantinou/> Knoller and Noel had first met Schneider at a trial.<ref name=Jones/> Bane was male and Hera female; by January 2001, Bane weighed 140 pounds and Hera close to 100 pounds.<ref name=Lockyer>Lockyer, Bill, et al. Appellant's Opening Brief. In the Court of Appeal of the State of California / First Appellate District, Division Two. The People of the State of California, Plaintiff and Appellant, V. Marjorie F. Knoller, Defendant and Respondent. San Francisco County Superior Court No. 18181301, The Honorable James L. Warren, Judge. April 11, 2003.</ref>

Attack

On January 26, 2001, while returning home with bags of groceries, Whipple was attacked by the two dogs in the hallway of her apartment building. Knoller was taking the dogs out of their apartment at the same time Whipple returned. The dogs escaped her control and attacked Whipple.<ref name="Derbeken1">Template:Cite news</ref><ref name="Jones">Template:Cite book</ref>

Schneider and his cellmate Dale Bretches were attempting to start an illegal Presa Canario dog-fighting business from prison. They initially asked acquaintances Janet Coumbs and Hard Times Kennel owner/breeder James Kolber of Akron, Ohio, to raise the dogs during their incarceration. Against Kolber's advice, Coumbs chained the dogs in a remote corner of the farm, which caused them to become even more aggressive. After Coumbs fell out of favor with Schneider,<ref name="Jones" /> attorneys Noel and Knoller agreed to take possession of the dogs. They had become acquainted with Schneider while doing legal work for prisoners, and had adopted Schneider (then age 38) as their legal son a few days before the mauling.<ref name="Lockyer"/>

Just prior to the attack, Knoller was taking the dogs up to the roof;<ref name="Costantinou"/> Bane, and possibly Hera, whose role in the mauling has never been firmly established, attacked Whipple in the hallway.<ref name="Derbeken1" /> Whipple suffered a total of 77 wounds to every part of her body except her scalp and bottoms of her feet. Another neighbor called 911 after hearing Whipple's screams.<ref name=Chmielewski2>Chmielewski, Dawn C. Tragic Accident or Criminal Act? - Mauling Trial Lawyers Clash in Final Arguments. Heavily Watched, Emotion-Charged Case Against S.F. Couple Goes to Jury Today. San Jose Mercury News, March 19, 2002.</ref> Whipple died hours later at San Francisco General Hospital from "loss of blood from multiple traumatic injuries (dog bite wounds)".<ref name="Jones" />

Bane was euthanized immediately after the attack; Hera was seized and later euthanized in January 2002.<ref name="Derbeken1" />

Whipple's memorial service at St. Mary's College, held on February 1, 2001, was attended by more than 400 people.<ref>Template:Cite web</ref>

In March 2001, a grand jury indicted Knoller and Noel. Knoller was indicted for second-degree murder and involuntary manslaughter, Noel was indicted for involuntary manslaughter, and "both also face[d] felony charges of keeping a mischievous dog".<ref name=Chiu>Chiu, Alexis. Grand Jury Indicts Two in Fatal S.F. Dog Mauling. 2nd-Degree Murder, Manslaughter Among Charges Husband, Wife Face. San Jose Mercury News, March 28, 2001.</ref>

The trial by jury, which began in January 2002, "was moved to Los Angeles because of extensive publicity in the Bay Area."<ref name=Chmielewski1/>

At trial, Knoller argued that she had attempted to shield Whipple with her body during the attack, which the prosecution disputed as she had suffered no injuries aside from minor bruising to her hands. However, witnesses testified that Knoller and Noel had repeatedly refused to control the dogs; a professional dog walker testified that, after she told Noel to muzzle his dogs, he told her to "shut up" and called her offensive names. An acquaintance of Noel's testified that Noel did not apologize after Hera bit him a year before the fatal attack. Many other neighbours testified about the dog's long history of uncontrollable and dangerous behaviour and Noel and Knoller's indifference towards it, refusing suggestions that they get the dogs trained or fit them with a choke collar. Knoller also admitted that she did not call 911 to get help for Whipple after the attack.<ref name=Kennard/><ref name="Jones" /><ref name=Derbeken2>Van Derbeken, Jaxon. Knoller picks new attorney for appeal. Flamboyant trial lawyer Ruiz replaced by veteran Riordan. San Francisco Chronicle, April 10, 2002.</ref><ref name="Chmielewski1">Chmielewski, Dawn C. "Testimony Is Challenged - The Prosecutor Disputes Details from Marjorie Knoller, Saying She has Been Inconsistent in Her Accounts in Court and to the S.F. Grand Jury About Efforts to Save Diane Whipple." San Jose Mercury News, March 13, 2002.(p. 211)</ref>

Ultimately, the jury found both Noel and Knoller guilty of involuntary manslaughter and owning a mischievous animal that caused the death of a human being, and found Knoller guilty of second-degree murder. Their convictions were based on the argument that they knew the dogs were aggressive towards other people and that they did not take sufficient precautions, and, in Knoller's case, that she had allowed the dogs to maul Whipple to death without trying to save her. Whether they had actually trained the dogs to attack and fight remained unclear.<ref name="Derbeken1" /><ref name=Zamora>Zamora, Jim Herron. Knoller likely to be freed from prison. Parole may begin today in dog-maul case. San Francisco Chronicle, January 1, 2004.</ref><ref>Webby, Sean. "Judge Sentences S.F. Woman to 4 Years for Fatal Mauling - Maximum Term for Neighbor's Death." San Jose Mercury News, July 16, 2002.</ref><ref name=Matier2003>Matier, Phillip, and Andrew Ross. Robert Noel, of killer-dog case fame, to get out of prison. Former attorney will serve 2-year parole in Solano County. San Francisco Chronicle, September 10, 2003.</ref>

Although the jury found Knoller guilty of second degree murder, trial judge James Warren granted Knoller a new trial on the second-degree murder conviction; the judge believed the appropriate standard for implied malice murder required that Knoller knew taking the dog into the hall involved a high probability of death. Although the judge granted a new trial for the second degree murder charge, he sentenced Knoller to four years in prison for the lesser-included involuntary manslaughter on July 15, 2002.<ref name="Mintz" /> The state appealed the judge's action and sought to reinstate the second degree murder conviction.<ref name="Kennard" />

After Knoller's and Noel's convictions in 2002, the State Bar of California suspended their law licenses.<ref name=Lagos>Lagos, Marisa. Couple convicted in dog mauling lose licenses to practice law. San Francisco Chronicle, April 7, 2007.</ref> Knoller resigned from the bar in January 2007;<ref>State Bar of California. "Marjorie Fran Knoller - #158054." Retrieved December 23, 2019.</ref> Noel was disbarred in February.<ref>State Bar of California. "Robert Edward Noel - #68477." Retrieved December 23, 2019</ref> On September 14, 2003, Noel was released from prison.<ref>Template:Cite news</ref><ref>Template:Cite news</ref>

By 2004, both Knoller and Noel had served their terms for the manslaughter convictions, and Knoller was out on bail while her second-degree murder conviction was under appeal.Template:Fact

In May 2005, the state appellate court reversed the judge's grant of new second-degree murder trial for Knoller. The appellate court ruled that implied malice murder did not require knowledge of a high probability of death but rather just a conscious disregard of serious bodily injury. The appellate court returned the case to the lower court to reconsider Knoller's motion for a new trial using the serious bodily injury standard for implied malice murder.<ref name="Kennard">People v Knoller, 41 Cal. 4th 139 (2007)</ref>

Marjorie Knoller in 2018

Knoller appealed the appellate court decision to the Supreme Court of California.<ref name="Lockyer" /><ref name="Egelko2005">Egelko, Bob. Jury's verdict reinstated in dog mauling. State appeals court overrules judge who reduced conviction. San Francisco Chronicle, May 6, 2005.</ref> On June 1, 2007, the California Supreme Court rejected the Court of Appeal's decision and ruled that implied malice murder required proof that a defendant acted with "conscious disregard" of the danger to human life.<ref name="Kennard" /> The California Supreme Court held that the trial court's standard for implied malice murder (which required a high probability of death) was too strict and the appellate court's standard (which required only serious bodily injury rather than a danger to human life) was too broad. The court remanded the case to the trial court to reconsider whether to allow the second-degree murder conviction to stand in light of this new reasoning.<ref name="Egelko2007">Egelko, Bob. State's top court OKs dog maul murder charge. Judge ordered to reconsider owner's original conviction. San Francisco Chronicle, June 1, 2007.</ref><ref>"California Supreme Court Sends Murder Conviction in S.F. Dog Attack Case Back To The Trial Court Using The Correct Test For Implied Malice." California v. Marjorie Knoller, May 31, 2007.</ref> The San Francisco Superior Court reinstated the conviction for second-degree murder, and on September 22, 2008, the court sentenced Knoller to 15 years to life.<ref>"Knoller Gets 15 to Life in Dog-Mauling Case"- law.com</ref>

Knoller then appealed the trial court's actions. On August 23, 2010, the First District Court of Appeal unanimously upheld Knoller's conviction, finding that she acted with a conscious disregard for human life when the dogs under her care escaped and killed Whipple. The California Supreme Court declined to hear her appeal of that decision. Knoller is currently serving her sentence at Central California Women's Facility in Chowchilla.<ref>Template:Cite news</ref>

In November 2015, Knoller petitioned the United States Court of Appeals for the Ninth Circuit to overturn her second-degree murder conviction.<ref name="Mintz">Template:Cite journal</ref> In February 2016, the Ninth Circuit upheld Knoller's second degree murder conviction.<ref>Appeal from the United States District Court for the Northern District of California</ref><ref>Template:Cite journal</ref><ref name="BAR">Template:Cite web</ref>

On February 7, 2019, California commissioners denied Knoller's first application for parole.<ref>Template:Cite news</ref><ref>Template:Cite web</ref> Her December 2021 parole hearing was first postponed until August 29, 2022, then again until February 15, 2023.Template:Cn Her parole was denied. The two member panel cited her prison record and stated she would be a danger to society if released. She will again be eligible for parole in 2026,<ref>Template:Cite web</ref> at which point she will be 70–71 years of age.

Whipple's partner, Sharon Smith, also succeeded in suing Knoller and Noel for $1.5 million in damages.<ref name="Mintz"/> The civil case was notable in that the San Francisco Superior Court ruled in July 2001 that Smith was entitled to bring suit as Whipple's domestic partner under the Equal Protection Clause, against the defense's argument that a same-sex unmarried partner did not have standing.<ref>Template:Cite web</ref> She donated some of the money to Saint Mary's College of California to fund the women's lacrosse team.

Later life of Robert Noel

Noel lived in relative obscurity following his release from prison, working for a time as a baker in Fairfield, California. By 2016, increasing health problems led to his living out of a van for some time before he relocated to the San Diego area.<ref name="BAR"/>

Noel died of heart failure in a La Jolla nursing home on June 22, 2018, the day of his 77th birthday.<ref name="BAR"/> In her 2023 parole hearing, Knoller stated that she did not know about Noel's death until three months after it happened.<ref>Template:Cite web</ref>

See also

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References

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Further reading

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