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Arraignment delayed again in dog mauling case

Knoller, left (in orange), and Noel appear in court Friday.

SAN FRANCISCO, California (CNN) -- The arraignment for a couple charged in the fatal dog mauling of a neighbor was postponed Friday after their public defenders asked a judge for more time to review documents in the case.

The attorneys also asked the judge in San Francisco Superior Court to keep sealed grand jury testimony in the case, and the judge agreed to do until the next court date, set for April 25.

This was the second delay of the arraignment for Marjorie Knoller and her husband, Robert Noel. Their first attorney, George Walker, had said he wanted an upfront payment of $50,000, but the couple was not able to pay it.

DOCUMENTS • Read the indictment (People v. Knoller and Noel) (FindLaw) (PDF) • Read the hearing account of the California dog attack (FindLaw) (PDF) Documents in PDF format require Adobe Acrobat Reader for viewing.  VIDEO CNN's Rusty Dornin explains the background of the San Francisco dog attack case Play video (QuickTime, Real or Windows Media)  ALSO Bite pattern of second dog in fatal attack to be checked Owner gives account of fatal dog attack  MESSAGE BOARDS Pet laws

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Knoller and Noel are charged with involuntary manslaughter and keeping a mischievous animal that killed a human being. Knoller, who was present during the mauling, is also charged with second-degree murder.

"This case is eminently tryable," said Jan Zecklikner, Knoller's public defender. The case against her client, she said, "is a spin machine that has gone amuck."

The couple's two large Presa Canario dogs mauled to death neighbor Diane Whipple, 33, in the hallway of their apartment building Jan. 26. Knoller and Noel, both of whom are attorneys, said they were caring for the dogs on behalf of a Pelican Bay State Prison inmate, whom they have since adopted.

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

San Francisco District Attorney Terence Hallinan said Knoller could be sentenced to more than 15 years to life in prison if convicted on all counts. He said he is confident of a conviction based on negligence.

Hera, the female dog of the pair, was ordered to receive a lethal injection by the San Francisco Animal Control Department, but has not been destroyed because she may be used as evidence in the case.

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

Arraignment postponed in dog mauling case
March 29, 2001
Bite pattern of second dog in fatal attack to be checked
March 9, 2001
Owner gives account of fatal dog attack
February 2, 2001

San Francisco Police Department
Pelican Bay State Prison

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