8
Tuesday, June 18, 2002
new
THE BATTALlol
Murder conviction thrown out in dog mauling case
SAN FRANCISCO (AP) — Citing a lack of
evidence, a judge tossed out Marjorie Knoller’s
murder conviction Monday in last year’s dog
mauling death of a neighbor. He also sentenced
Knoller’s husband to the maximum four years in
prison.
Knoller, 46, could have faced 15 years to life in
prison for murder. Like husband Robert Noel, she
now faces up to four years for involuntary
manslaughter and having a mischievous dog that
killed someone.
The judge’s decision stunned friends and rel
atives of the 33-year-old victim, Diane
Whipple. Knoller’s sentencing was delayed
until at least July 15 so prosecutors can argue
that her second-degree murder conviction
should be reinstated.
“We have not yet given up on our chance of con
vincing the judge that the murder charge is appro
priate,” said District Attorney Terence Hallinan.
Superior Court Judge James Warren said that
Knoller and Noel are “the most despised couple in
this city” but that the evidence did not support the
murder conviction.
He said Knoller had no way of knowing her
dogs would kill someone when she left her apart
ment Jan. 26, 2001.
“There is no question in this court’s mind that
in the eyes of the people, both defendants are
guilty of murder,” Warren said. “In the eyes of the
law, they are not.”
Whipple, a college lacrosse coach, was
attacked by the couple’s two huge Presa Canario
dogs in their apartment hallway last year. The
judge called the dogs “a canine time bomb that
would at some inevitable point explode with dis
astrous consequences” even as he threw out
Knoller’s conviction.
“I’m in shock,” said Sharon Smith, Whipple’s
partner, who shed a tear as the judge ordered a
new trial for Knoller.
If Warren does not change his mind and his
decision stands, prosecutors will have to consider
whether they can retry Knoller for murder without
violating her constitutional right against double
jeopardy. She was convicted of manslaughter lor
the same crime.
“Whether we can retry it or not, we’re not
u
There is no question in this
court’s mind that in the eyes of the
people, both defendants are guilty
of murder. In the eyes of the law,
they are not.
— Judge James Warren
Superior Court judge
exactly clear,” Hallinan said. “It’s a much trickier
question.”
The prosecutor added that he was surprised by
the judge's decision: “I thought this went beyon:|
manslaughter.”
Knoller was walking the dogs just beforethil
attacked Whipple — her husband was out of tod
— and testified that she tried to throw herse
between the animals and her neighbor. The judj
threw out the murder conviction despite sayingl
did not believe much of Knoller’s testimony.
"I cannot say as a matter of law that she:
jectively knew that day that her conduct wou!:|
cause death," he said.
Warren also pointed out that Noel was oi
charged w ith murder and that Noel, in the judgeI
view, was more culpable than his wife.
The judge said Noel knew his wife could r i
control the dogs, each of which weighed mortl
than 100 pounds, and knew they would have tokl
walked at some point that day. The burly Noeltiil
been unable to control the animals at least tux:I
previously, the judge noted.
The judge said that both Knoller and NoeUe-J
cavalier about Whipple's death and even blair; j
the dead woman in interviews.
olun
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uper
ummer
avings
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Violence continues
in Middle East as
Arafat blasts Rice
JERUSALEM (AP)—Yasser
Arafat rebuked U.S. national
security adviser Condoleezza
Rice on Monday for saying his
Palestinian Authority is corrupt
and “cavorts with terror” hut the
Palestinians also were trying to
muster U.S. good will with a pro
posed outline for a state living in
peace with Israel.
The proposal, obtained
Monday by The Associated
Press, appears to soften the
Palestinian demand that all
1949 war refugees and their
descendants have the right to
return to Israel, and for the first
time proposes Israeli sover
eignty over part of Jerusalem’s
Old City.
The outline was delivered to
U.S. Secretary of State Colin
Powell in Washington last week
by Palestinian Cabinet Minister
Nabil Shaath, Palestinian offi
cials said, speaking on condition
of anonymity.
Israeli reaction was muted.
Prime Minister Ariel Sharon
maintains that a final peace
deal is far off and rejects key
Palestinian demands, such as a
renewed division of Jerusalem
and a dismantling of Jewish
settlements.
Israeli government spokesman
Dore Gold said he wasn't aware
of the proposal and didn’t know
whether the Americans had
passed it on to Israel, but said it
was premature to discuss ideas for
peace talks.
Also Monday, a Palestinian
blew himself up on Israeli terri
tory near the West Bank, killing
only himself, and Israeli forces
continued their pursuit of mili
tants in Palestinian villages.
In El Khader, a village near
Bethlehem, Israeli soldiers
shot and killed Walid Sbeh, a
member of the A1 Aqsa
Martyrs Brigades militia, wit
nesses and Israeli military
sources said. The sources,
speaking on condition of
anonymity, said Sbeh organ
ized suicide attacks in Israel.
Later, Palestinian security
officials said some Israeli tanks
and jeeps moved into El
Khader. The Israeli military
had no comment.
Near Ramallah, Israeli sol
diers shot and killed a
Palestinian who was pushing a
cart, Palestinians said. Another
man was wounded. The Israeli
military had no comment.
Also, Palestinian witnesses
said Israeli tanks and jeeps sur
rounded the house of Hamas fugi
tive Raed Ifrahat at the entrance to
Yamoun village near Jenin.
Ifrahat was not there and the sol
diers left after firing tank shells
near the house. The army said it
blew up a car containing a bomb.
After the start of construc
tion of the first 75-mile section
of an electronic fence to keep
suicide bombers from leaving
the West Bank, Israeli officials
said planning would begin soon
to extend the fence to cover a
total of 215 miles — roughly
the length of the unmarked edge
of the West Bank.
More than 220 Israelis have
been killed in the past 21
months by suicide bombers, all
from the West Bank. The Gaza
Strip, where the radical Hamas
group is based, is fenced in.
Arafat has been under U.S.
Israel builds fence
along West Bank
JERl
vill sei;
lands
bgainst i
bmment
respond
(liat kil
and woi
Shon
vas am
)f Isra
entered
Jablus
attack h
ntness*
earlier i
refugee
Smmedi
[in eithei
Tues
^lestin
studded
|in Jerus
70th si
Israel started building the fits!
section of a controversial
electronic fence to keep
Palestinian suicide bombers anc I
gunmen from leaving the Wes:
Bank and attacking Israeli tows
The 75-mile-long fence
will follow the so-called
Green Line — Israel’s Satem,
border before the capture
of the West Bank
in the 1967
war.
Palestinians
believe the fen-
will carve uptfie
West Bank and
allow Israel to
seize more lane
GAZA
STRIP
WEST:
JerusalemO
BANK
ISRAEL
SOURCES: Israeli De fense
Ministry. Associated Press. ESKi
and Israeli pressure to
attacks on Israel, and
nations have urged elections
reforms in Arafat’s Palestine
Authority. -j
Rice, in an interview with
Mercury News of San
Calif., said a Palestinian
should not be based on
Authority, which she sai
“corrupt and cavorts with ten®
Asked about Rice s ^
ment. Arafat said Monday. -
does not have the right to
impose orders on us about
to do or not to do.”
“We are doing what we
as good for our people an
do not accept any orders
anyone,” Arafat said.
Arafat also denoune
Israel’s fence as “a f aS
apartheid measure.” U.S.
cials warned that borders nr
be negotiated, though ^ s '" ae .
the fence was not a border j
security measure.
The Palestinians app ar '
hoped their new proposal "
generate good will in the
administration.
It sticks to the long-stand^
demand for a Palestinian
with its capital in east JeruS^j
hints at softening ll
B
but
A i
:ram
mdeq
dth tl
teachi
“A,
jbe ci
becau
I denial
Parrot
idvise
[he Ci
Th
'ertif
Palestinians’stance on key i ; IP f
that undid an ambitious p 1 | ..
effort a year and a half ago. p
It calls for “a fair and a S .|
upon solution” to the ' eI 'Ti
problem, based on U.N. G el
Assembly Resolution I" • .
resolution gives the relug 66
right to choose whether tore '
to their former homes oi re .
compensation, a concept
saying an influx of »|
of Palestinians p 0
rejects
lions