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Judge delays dog mauling sentencing

Marjorie Knoller reacts to the jury's verdict in March.
Marjorie Knoller reacts to the jury's verdict in March.  


SAN FRANCISCO, California (CNN) -- A judge Friday postponed the sentencing of a San Francisco couple whose dogs mauled a neighbor to death, saying he needed more time because of the unprecedented nature of the case.

Superior Court Judge James Warren said he would announce the sentencing June 17. He made that announcement after an hour-long hearing in which both the prosecution and defense argued over the penalty that should be enacted.

Defendants Marjorie Knoller, 46, and her husband, Robert Noel, 60, sat expressionless throughout the hearing, dressed in orange prison jumpsuits.

Sharon Smith -- the domestic partner of Diane Whipple, who was mauled to death in the hallway of their apartment building as Knoller watched -- sat on the front row of the packed courtroom, weeping at times. Warren looked directly at Smith when he announced he needed more than a week before issuing the sentence.

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CNN's Rusty Dornin reports on the sentencing phase of the California dog mauling case (June 7)

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Indictment: People v. Knoller and Noel 
Wrongful death lawsuit by Whipple's mother Whipple-Kelly v. Noel 
Wrongful death lawsuit by Whipple's partner Smith v. Knoeller 
 
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"I wish I could do it right now for you and your family, but I can't," the judge said. "Frankly, it would be unfair to you. It would be unfair to the defendants. The decision in this case has to be reasoned to the best of my ability to do so."

Warren added: "This is a case of first impression in California. There has never been another one like it, and I'm not going to rush it."

Knoller was convicted of second-degree murder, involuntary manslaughter, and keeping a mischievous animal that kills. She faces a mandatory sentence of 15 years to life in prison.

Her husband, Robert Noel, was convicted of the last two charges and could be sentenced to up to four years in prison.

The couple had maintained that Whipple's death was a tragic accident, but jurors in March rejected that claim. They concluded that Knoller and Noel had ignored repeated violent incidents and warnings involving their two large Presa Canario dogs, Bane and Hera.

Whipple, a 33-year-old lacrosse coach, as killed January 26, 2001, in the hallway of the apartment building she shared with Knoller and Noel as she returned home from a trip to the grocery store.

Diane Whipple
Diane Whipple  

The five-week trial, moved to Los Angeles because of pre-trial publicity, gripped much of the nation as prosecutors described a horrific attack in which Whipple was bitten all over her body -- her throat ripped, her clothes torn off -- by at least one of the dogs.

In testimony, Knoller tearfully explained that Bane pulled her down the hallway to Whipple, and that she tried in vain to stop the attack. The other dog was loose in the hallway. Knoller insisted she had no idea her "loving" pets were capable of such an attack.



 
 
 
 



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