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Hera won't be euthanized until it is determined whether he is needed for evidence

Second dog in fatal attack gets death sentence

SAN FRANCISCO (CNN) -- Authorities Thursday ordered the euthanization of a second dog involved in the fatal attack on a 33-year-old woman in the hallway of her apartment building.

But they also granted a stay until it is determined whether the dog is needed as evidence.

Diane Whipple was killed January 26 when her neighbors' dogs, a pair of mastiffs each weighing more than 100 pounds, mauled her.

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Hera, a female, was ordered to receive a lethal injection by the San Francisco Animal Control Department. "Hera is vicious and dangerous" and poses a significant risk to the community, said Sgt. Bill Herndon.

Bane, a male, was put to death soon after the attack.

The dogs were raised in a dog-breeding ring run by inmates at Pelican Bay State Prison.

Robert Noel and his wife, attorneys who had represented inmates in the past, got the dogs from a client, also an inmate.

Noel suggested Whipple, a women's lacrosse coach at St. Mary's College, might have been using steroids or wearing perfume that triggered his dogs' attention.

San Francisco Police rejected the suggestion.

The owners can appeal to the San Francisco Superior Court. In three prior cases where that has been done, the judges upheld the police department's decision.

It was not clear whether the district attorney or family or friends of the woman will press charges against the dog's owners and, if so, whether Hera would be needed as evidence.

Under the California penal code, any person owning, or having custody of a dog trained to attack or kill may be held liable should the dog kill a human. The felony carries a maximum of four years in state prison.

Owner gives account of fatal dog attack
February 2, 2001
Police investigating dog attack death
February 1, 2001

Pelican Bay State Prison
San Francisco Police Department

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