DogBiteLaw.Com
Diane Whipple Mauling Death
Timeline of the Proceedings and the
Trial
The investigation began on the night of the
attack, January 26, 2001.
The dangerous dog hearing was on February 13,
2001, and the decision was announced February 22, 2001.
The evidence hearing was on March 7,
2001.
The presentation to a grand jury in San
Francisco began March 8, 2001. It rendered indictments against Knoller and Noel
on March 27, 2001.
Sharon Smith filed a wrongful death case against
the dogs' owners on March 12, 2001.
Noel and Knoller, on behalf of themselves and
Schneider, requested a writ from the Court of Appeal on March 22, 2001,
directing the trial court to exclude evidence seized from the attorneys'
apartment and Schneider's cell. The writ was denied.
On March 28, 2001, Knoller and Noel made their
initial court appearance on the criminal charges pursuant to the indictments.
Bail was set at $2 Million for Knoller and $1 Million for Noel.
Noel and Knoller have repeatedly postponed their
arraignment (i.e., the court proceeding in which they will be formally charged
with the crimes, and they will enter pleas).
On May 9, 2001, Noel and Knoller filed a
demurrer to the criminal indictment. A "demurrer" is a challenge to the
sufficiency of a legal pleading -- in other words, it is the equivalent of
saying that the indictment itself is not legal. On May 29, 2001, the demurrer
was overruled, allowing the case to proceed with the original charges of second
degree murder (against Knoller), and manslaughter and keeping a mischevious
animal (against both Knoller and Noel). The defendants pleaded not guilty to
those charges. The judge assigned the case to Judge James Warren for the purpose
of trial.
In June 2001, the prisoners who allegedly owned
the two Presa Canarios filed a motion in the civil case, asking to be made
defendants. It was denied.
On July 27, 2001, Judge A. James Robertson II
denied motions by Noel and Knoller to dismiss Sharon's Smith's wrongful death
case against them. There is no legal precedent for the judge's ruling. Noel and
Knoller most likely shall appeal, and the Court of Appeals most likely will
overturn the lower court's decision.
Also on July 27, 2001, Judge James Warren ruled
that Hera should be destroyed. However, destruction was delayed until after a
decision as to whether the city's dangerous dog laws are proper. On August 3,
2001, Noel and Knoller, through attorney David Blatte, filed a petition for
mandamus directed to the animal control hearing division of the San Francisco
Police Department. "Mandamus" is a court order directed to a specific
governmental agency, in this case the canine court in San Francisco that ordered
Hera to be put down. The petition asked the Court to order the Police Department
to conduct a new hearing to determine whether Hera should be euthanized. It was
denied on August 21, 2001, by Judge A. James Robertson. Effectively, the judge
ruled that Hera must be destroyed. This decision was appealed to the California
Court of Appeals and the California Supreme Court, both of which let stand Judge
Robertson's decision. The Supreme Court ruling was on January 16, 2002.
On August 13, 2001, Noel and Knoller, through
their attorneys, filed a motion asking for a change of venue -- a different
location for their criminal trial. A political science professor at California
State University testified (by written declaration) on their behalf, saying that
media coverage of this case presented "one of the highest levels of prejudice I
have ever seen." For that reason and others, the defendants asserted that they
will never receive a fair trial in San Francisco. The motion was granted, and
Los Angeles was selected as the place for the trial.
On August 21, 2001, Knoller removed Jan
Lecklikner and replaced her with Nedra Ruiz, who therefore will be Knoller's
defense attorney in the criminal case.
On the same day, Ruiz filed a motion to permit
Knoller to go free prior to trial. It was denied.
The trial of Noel and Knoller is sceduled to
begin in January 2002. It is unlikely, however, that it will start on or even
near that date.
On January 4, 2002, Noel and Knoller filed
motions to have separate trials. The motions were denied.
Also on January 4, 2002, Noel and Knoller filed
a federal lawsuit on behalf of their son, Schneider, charging prison officials
with giving him inadequate medical attention. The suit claims that surgical
packing was left in his lower right leg during surgery in 1986 and was not
removed until last year.
Resource: Kenneth
Phillips DogBiteLaw.Com
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