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Grand jury indicts two lawyers in dog attack

The Associated Press
Wednesday March 28, 2001

 

Two lawyers whose dogs fatally mauled a woman in the hallway of her apartment building in late January were indicted Tuesday night by a grand jury on murder and other charges, and were arrested in a small town in far northern California. 

Marjorie Knoller and her husband, Robert Noel, surrendered in a house in Corning, about 170 miles northeast of San Francisco. They are set for arraignment Wednesday, and are expected to be returned to San Francisco within a few days. 

Knoller, 45, was charged with second-degree murder, involuntary manslaughter and keeping a mischievous dog that killed a human being. She was being held in lieu of $2 million bail. 

The second-degree murder charge carries a possible sentence of 15 years to life in prison, Hallinan said, adding that “the charge of murder is one not likely to be plea bargained.” 

Noel, 59, was charged with involuntary manslaughter and keeping a mischievous dog that killed a human being. He was being held in lieu of $1 million bail. 

“He’s angry at me, and he’s going to be a lot angrier when he goes to prison,” Hallinan said. 

Knoller and Noel were caring for the two Presa Canario-mastiffs when the dogs – a 120-pound male named Bane and a 113-pound female named Hera – mauled St. Mary’s College lacrosse coach Diane Whipple, 33, on Jan. 26. The lawyers lived next door to the 110-pound Whipple. 

The animals were raised as part of a dog-fighting ring run out of Pelican Bay State Prison by inmates Paul Schneider and Dale Bretches, prison officials said, adding that the dogs were trained to guard criminal operations such as methamphetamine labs. 

Schneider and Bretches are serving life sentences without parole. Schneider is doing time for robbery and attempted murder. Bretches was convicted of murder and assault with a deadly weapon while behind bars. Both belong to the Aryan Brotherhood, a white supremacist prison gang. 

In one of the case’s many strange twists, Noel and Knoller adopted Schneider as their son in a procedure that became official just three days after Whipple’s death. 

A few days later, Noel sent a letter to prosecutors blaming Whipple for the attack, suggesting she should have gone inside her apartment and not aggressively reacted to the dogs. He also accused Whipple of striking his wife as Knoller tried to pull the dogs away. 

Noel also speculated in his letter to prosecutors that the attack may have been brought on by pheromone-based cosmetics Whipple might have been wearing, or that the lacrosse coach may have used steroids that could have attracted the dogs. 

Hallinan seemed relieved the couple finally was behind bars and that the curious series of events seemed to be coming to an end. 

“The adoption of the Aryan Brotherhood guy. The sending of this 18-page letter to me in the middle of the night by way of a TV station. The other things that they did, which to my mind will raise a problem for them if they do seek a change of venue because they’re the ones that created this publicity,” Hallinan said. 

The indictments capped a bizarre day for the lawyers. They testified Tuesday afternoon before the 19-member grand jury, and paramedics were called to assist Knoller after she suffered an anxiety attack while testifying. 

A short time later, Noel was stopped by California Highway Patrol officers near Woodland — about 95 miles northeast of San Francisco — and cited for driving at more than 85 mph in a 65 mph zone. They were arrested a few hours later in Corning. 

A San Francisco police officer in an unmarked car followed the couple as they drove north, a highway patrol officer said. The police called the highway patrol and requested them to stop the couple’s car for driving recklessly, investigators said. 

“They were driving at a high speed in a northerly direction out of the jurisdiction of San Francisco,” Hallinan said, though he stopped short of saying the couple was attempting to flee.