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
Victim
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
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 charged with murdering second-rate murder and accidental assassination, Noel was charged with an accidental murder, and "both of whom were facing criminal offenses to nourish 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 a lesser accidental murder on July 15, 2002. Murder and murder are exclusive: a person can not be punished for ordinary murder and murder to kill the same person. 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 qualified them for murder convictions, and Knoller came out on bail, while second-degree assurance of murder 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.
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
Source of the article : Wikipedia
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