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petnews May 24th, 2002 10:05 PM

Dog-Mauling Suspect Seeks New Trial
 
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Dog-Mauling Suspect Seeks New Trial


The Associated Press
Thursday, May 23, 2002; 10:38 PM

SAN FRANCISCO The woman convicted of second-degree murder after the huge dogs under her care mauled a neighbor to death in an apartment building hallway is seeking a new trial.

Lawyers for Marjorie Knoller argued in papers filed Thursday that her conviction should be dropped because the judge improperly allowed prosecutors to associate Knoller with a white supremacist prison gang.

Lawyers also argued that Knoller cannot legally be convicted of both murder and involuntary manslaughter in the January 2001 death of college lacrosse coach Diane Whipple.

A jury in March convicted Knoller. Her husband, Robert Noel, was convicted of involuntary manslaughter. Whipple lived in a neighboring apartment.

Prosecutors said they are confident the motion will be dismissed.

"That's the final bottom line was this a fair trial?" prosecutor Jim Hammer said. "There's no question in our mind that this was a fair trial.

A hearing is scheduled for June 7, the same day Knoller and Noel are to be sentenced.

Knoller, 46, faces 15 years to life in prison on the murder conviction. Noel, 60, faces up to four years.

2002 The Associated Press


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