Robert Noel and Marjorie Knoller at a previous court appearance, on Feb. 13.
 


Dog and pony show
With players straight out of central casting, San Francisco transforms the most gruesome and deadly canine attack in recent memory into a soap opera.

- - - - - - - - - - - -
By King Kaufman

May 10, 2001 | SAN FRANCISCO -- Marjorie Knoller and Robert Noel, the couple charged in the dog-mauling case that has appalled and fascinated this dog-loving city, came to court to be arraigned Wednesday, and there was only a little bit of strangeness, which itself is strange for this very strange pair.

Unable to post their respective $2 million and $1 million bails, Knoller and Noel have been in the city jail for six weeks, facing charges of second-degree murder (for Knoller only), manslaughter and failure to control a vicious dog stemming from the Jan. 26 mauling death of their neighbor Diane Whipple, killed in the hallway of their apartment building by one of two Presa Canario dogs Knoller and Noel were caring for. The husband and wife were scheduled to be arraigned Wednesday morning -- their fourth such date, delayed so far by defense motions -- and they finally were arraigned in the afternoon, but not before Knoller skipped the morning session claiming illness, and rolled into the continued afternoon session in a wheelchair, looking drawn and grim, head resting on one fist.

Noel's morning appearance had been accompanied by a good-sized crowd of reporters and a pint-sized crowd of second-graders, who fidgeted in the first two rows of the gallery. One of the second-graders is named Vivian, and when she saw 64-year-old District Attorney Terrence Hallinan she said, "Hi, Daddy!" The D.A. doesn't appear in court for just any old arraignment, so this was a good day for a field trip.

The media throng was smaller than the throngs at previous court dates. "Maybe it's delay fatigue," one writer said. Reporters, who fidgeted and gabbed as Judge Philip Moscone spent a half hour at the afternoon session working his way through the Master Criminal Calendar, setting court dates for this defendant and that, were visibly pleased by Knoller's appearance in a wheelchair. Some days, you see, your lead just writes itself.

When they make the movie about the San Francisco dog-mauling case -- and they will make that movie -- you'll watch it, and you'll sit there saying, "Come on. Oh, come on!" But believe that movie. This case, from those initial, shocking news reports on, has given and given and given some more. Every time you think it's gone ahead and become the damndest thing you ever saw, it just goes right ahead and tops itself.

Has there ever been a more appealing victim than Diane Whipple, the sunny, beloved lacrosse coach who was once a star collegiate athlete? Has there ever been a more sympathetic grieving significant other than Whipple's classy, well-spoken lover, who by the way was her lesbian domestic partner, and who discovered that California allows spouses, but not domestic partners, to file wrongful death lawsuits? She's fighting the good fight against that law by filing suit anyway. And have there ever been alleged perps more unlikable than Knoller and Noel, who seemed officious and uncaring in the aftermath of her death?

Dog performs oral sex on Noel

And that was just the start of things. That was before they adopted a 38-year-old Aryan Brotherhood member serving a life sentence, before they told a court that the dogs were sweethearts, one of them a "certified lick therapist," before allegations of an unusual sexual relationship that might have involved the dogs, before a gay former seminarian and a stunning former Victoria's Secret model were appointed to prosecute the case.

Whipple was attacked outside her apartment by Bane, a hulking 123-pound male Presa Canario, as Knoller tried unsuccessfully to control the dog. A female dog of the same breed named Hera, almost as large, was present and may have taken part in the attack.

It was revealed in the ensuing days that Knoller, 45, and Noel, 59, who are lawyers, got the dogs from clients of theirs, a pair of cellmates at Pelican Bay, California's toughest prison, named Paul John "Cornfed" Schneider and Dale Bretches, members of the racist Aryan Brotherhood prison gang who are both serving life sentences without possibility of parole. Prison officials alleged that Bane and Hera had been part of a scheme by the prisoners to raise vicious dogs and sell them to the Mexican Mafia, another prison gang, for use as fighters and meth lab guards. Neighbors began coming forward saying that they'd been terrified of the aggressive animals, and wishing they'd reported them to authorities. Bane was put to death. Hera is being held as evidence. She will likely be euthanized too.

Three days after Whipple's death, Noel and Knoller adopted "Cornfed" Schneider, 38, a move that left the public, not to mention corrections officials, slack-jawed. "We're a little puzzled," said a prisons spokesman with considerable understatement. Noel called Schneider "a man of more character and integrity than most of the people you're going to find in the California Department of Corrections administration." Noel has defended several inmates and guards in lawsuits against the Corrections Department. One of the crimes Schneider's in the pokey for is attempted murder -- of his lawyer. (Not Noel -- or, presumably, "Dad.")

Then Noel and Knoller released a rambling, 19-page letter to the district attorney that accused the sunny, beloved Whipple of bringing on the attack herself by wearing a certain scent and refusing to retreat to her apartment, and portrayed Knoller as a would-be hero, valiantly attempting to save her neighbor. The letter was so patently insulting, so self-serving and offensive, that it stunned a city that is generally beyond stunning.

A few days later the lawyers held a press conference outside the gates of Pelican Bay prison in which they repeated their theory that Whipple may have been using steroids, or wearing pheromone-based perfume, or carrying groceries, any of which might have caused Bane to attack her, and that Whipple -- who had previously been bitten by Bane and was terrified of him -- not only failed to stay in her apartment when she had the chance to do so, but actually punched Knoller in the face during the attack, despite Knoller's warnings that Bane was trying to protect his owner from a perceived attacker.

By this time the story was the biggest local talker since the night four years ago when the campaign manager for the 49ers' new stadium initiative had a birthday party where the entertainment was highlighted by a live sex act that included a Satanic ritual, public urination and the creative use of a whiskey bottle.

And the strange sexual angle in this case hadn't even come up yet.

sexually abused

 

Documents unsealed by the court in late March in response to a legal challenge by news organizations showed that authorities suspected that the dogs had been sexually abused. Investigation revealed no evidence of this, but there was talk of sexually explicit photos of Knoller and Noel, maybe involving the dogs, and sexually explicit communication between the couple and Schneider. Transcripts from the grand jury that handed down the indictments have been sealed by Judge Moscone pending a hearing. Media outlets and prosecutors are hoping to have them released, which would bring any such evidence to light.

Did we mention that Moscone, whose license plate reads "Big Fly" (which is what moscone means in Italian) is a cousin of George Moscone, the San Francisco mayor who was assassinated at City Hall in 1978? Does that matter? No. It's just one more thing you won't believe when you watch the movie.

If Knoller and Noel had any hope to gain points in the court of public opinion, it was because they were dog owners in a city that's just mad about dogs. "There's dog crazy owners everywhere you go, but I think San Franciscans really care about their dogs," says Laura Hawkins Smith, who runs K9to5, a South of Market dog day-care center that was the first of its kind in the Bay Area. "I have owners who [messenger] over their dog's lunch if they forgot it."

San Francisco, a city named after the patron saint of all things fish and fowl, furry and floppy-eared, is a place where dog owners storm municipal meetings to fight leash laws at the beaches, where neighbor battles neighbor over off-leash areas in local parks. It's a city that seven years ago became the first in America that doesn't put adoptable dogs and cats to sleep. And two years ago it almost became the first to adopt a policy that would have changed the words "pet owner" to "pet guardian" in city ordinances, an honor that went instead to Boulder, Colo. And this isn't a new thing: Two of the city's earliest celebrities were Bummer and Lazarus, a pair of stray mutts that roamed the post-Gold Rush Barbary Coast stealing food and killing rats, the latter earning them municipal sanction for the former.

But alas for Knoller and Noel, San Francisco is also a conscientious city, and they did not seem to be conscientious dog owners. Art Tomaszewski, walking his dog in Dolores Park in the Mission District in the days after the attack, said the mauling was topic A among dog owners, and the general consensus was, "They're like your children. You're responsible for what they do."

Just as bad for the couple, sad to say, is the matter of looks. This shouldn't matter, and it's one of those things that the movie is going to be panned for, but the fact is that Noel and Knoller aren't a pretty pair, and everyone on the other side is at least interesting looking. There's Hallinan, the white-haired, twinkly eyed, ruddy-faced D.A. There's chief prosecutor James Hammer, 39, the boyish-looking, straight-shooting former Jesuit, who's assisted by Kimberly Guilfoyle, the 32-year-old former lingerie model who is widely viewed as hard-working, talented and serious, but who will probably spend the rest of a brilliant career reading the words "former lingerie model" before her name. She hangs out with the city's glitterati, and is said to be close to getting engaged to Supervisor Gavin Newsom, who's part of the Getty/Coppola crowd. And there's Sharon Smith, Whipple's domestic partner, who is handsome and poised and given to tasteful navy blue pantsuits. I hate to be writing about this stuff, really I do, but we're talking about public perception here, and the public likes stylish, good-looking people better than it likes frumpy, not-so-good-looking people.

Wednesday, journalists thronged around the attorneys after the morning session, at which defense attorneys asked for a continuance and said they planned to file a demurrer challenging the indictment. Smith, who had sat in the front row of the gallery with her lawyer and a friend, all wearing blue ribbons to commemorate Whipple, patiently told reporters that she's working with an author named Joe Harrington, who's writing a book about the case called "Death of an Angel."

"The book's going to be written, with or without my involvement," she said. "Joe told me he was writing a book. I did feel it was a little early, but I'd rather be involved and telling my story and our story than not be involved and have somebody try to guess what happened from the outside." She said reading the manuscript was "very painful." Asked whether she thought all the media attention was a good thing or not, she chuckled and said, "I'm generally a pretty private person, so I'm not thrilled with all the attention, but the media's been very respectful."

Asked that same question the day before on the phone, Hammer, the prosecutor, exhaled loud and long -- 15 seconds to be exact. "I think the public has a right to know what's going on, you know? Is the D.A. doing a good job? Are they being careful? Are they being fair?" he said. "I can see how you can totally lose perspective, but I have to say, the sign of my mental health and professional health is when we said no to the 'Today' show a second time. I mean, I told a friend of mine, 'I think that's a good thing.' You know, it's like, yeah, it's important to do because I think people have a right to know. But then, the next time, we have work to do. But I can see getting sucked into it."

At the afternoon court session, Knoller and Noel declined to enter pleas. Their court-appointed attorneys filed their demurrer and the judge set a hearing date of May 21. The demurrer charges that California's vicious dog statute preempts murder or manslaughter charges. In other words, since the vicious dog law covers the crime alleged, Knoller and Noel can't also be charged with the more serious crimes. "We don't agree with that theory," Hallinan told reporters outside the courtroom, "but we will of course be here on the 21st to contest that."

A reporter told Hallinan that Smith had expressed displeasure at children being in the courtroom for the morning session, since this case is so disturbing. "That was my daughter's class," he said. "They've been planning an excursion to the Hall of Justice for the last month and then when this hearing came up I suggested that if they came, here would be a hearing they could sit in on where there might be something exciting. Nothing much exciting happened, but that's why they were here. And I think I'll get a few lawyers out of it."

And then the district attorney and his two underlings began making their way down the hallway toward their office, surrounded by reporters, preceded by five TV camera operators, slowly walking backwards, spotlights blazing.

 

RAW DOGMA written by Nkrumah Steward

Couple on Trial for Dog Mauling Also Practiced Bestiality
Can something still be disturbing while at the same time not the least bit surprisin?
A San Francisco couple are on trial for criminal responsibility for their dog mauling to death their bull dyke next door neighbor. They got the dogs from a guy running a business from behind bars at the Pelican Bay California State Penitentiary.
First of all, you have to understand what Pelican Bay is. The Pelican Bay State penitentiary is a SHU facility. The SHU is a model of the latest trend in incarceration. For those of you that missed the special on MSNBC it is a supermax prison.
Here is a hint. The word "maximum" means "the greatest quantity or value attainable or attained". Maximum for all practical purposes should be sufficient for anyone trying to convey the idea that something is the optimum or the utmost anything. However, for whatever reason, when it comes to prisons we feel the need to preface the word maximum with "super", as in the case of Pelican Bay California State Supermax Penitentiary.
No one can be sent from the private sector directly to Pelican Bay. You only go to Pelican Bay when you are the worst of the worst and that is only proven by how many people you fuck up when you are in the penal system. You have to earn Pelican Bay. Pelican Bay is so fucked up it even has gained a reputation for not only housing the worst prisoners in the state of California but being staffed by correctional officers that for one reason or another, usually because of their brutality or racism couldn't get hired to work anywhere else. Lucky for them no correctional officer worth a spit would even apply to work in a place like Pelican Bay.
So with that said, let me remind you that this couple got these dogs that mauled this woman to death from a couple of entrepreneurs running a business from Pelican Bay.
The couple came into possession of the dogs after they had to be removed from the care of another woman, who said she could not keep them because they had grown too vicious. The dogs originally belonged to their legally adopted son, Paul "Corn-fed" Schneider, a member of the Aryan Brotherhood who is currently serving a life sentence without parole in Pelican Bay State prison who was trying to operate a business, along with a cell-mate from behind bars raising attack dogs to guard illegal drug labs.

Photographs


Photographs found in Corn-Fed's cell, provided evidence of sexual activity between the couple and Bane, according to an investigator in the San Francisco District Attorney's office.
How fucked up can this world get?
The couple had two demands, both were denied. First, they wanted their trial moved to Los Angeles, fearing that they wouldn't be able to get a fair trial in San Francisco considering it was their lesbian next door neighbor that got mauled to death and secondly, they wanted separate trials so that the evidence the prosecution has of their sexual relationships with the dogs secret. They believed the evidence would prejudice the jury against the both of them.
The presiding Judge James Warren ruled that any evidence related to sexual activity would only be admitted if prosecutors can show how it affected the way the dogs behaved.

bitch in heat


At a grand jury hearing in March, prosecutor Jim Hammer testified that Bane, the male dog who was determined to be the primary aggressor in the attack, "put his head in Miss Whipple's crotch" and responded to her the way he would have to a "bitch in heat."
"They blurred the boundaries between dogs and humans, with fatal consequences," San Francisco prosecutor Jim Hammer testified during a hearing earlier this month.
``If the prosecution can get the jury to believe that these people were a couple of bestial Nazis who have pictures of Hitler doing it with his Great Dane on their walls then the case is over,'' said Stan Goldman, a professor at Loyola Marymount Law School in Los Angeles.

 

Just when you thought the twisted tale of the Pacific Heights dog mauling couldn't get any more twisted, it does -- and this time the turn is decidedly X-rated.

For weeks, people have been wondering what lawyer Robert Noel and his wife, Marjorie Knoller, were thinking when they adopted 38-year-old convicted killer Paul "Cornfed" Schneider after taking in his two huge dogs at their Pacific Heights apartment.

Noel has said they adopted Schneider because they had developed a personal relationship with him.

Well, now we find out how personal the relationship really is.

Law enforcement sources tell us that a recent search of convict Schneider's Pelican Bay jail cell turned up a collection of X-rated photos -- featuring none other than Cornfed's new adopted "mom," Marjorie Knoller.

"It was stuff you would see in a B-grade movie," said one corrections source.
photos
The racy snapshots, which were mixed in with Schneider's personal papers, were revealed to San Francisco district attorney's investigators who had been dispatched to the prison last week as part of the criminal probe into the fatal dog mauling of Knoller's neighbor Diane Whipple.  So far, however, all the seized photos and any correspondence between Schneider and his attorney-parents are off-limits -- even to the D.A.'s office -- pending a review by a court-appointed special master hired to ensure that everything about the investigation is done by the book.

Bob Martinez, spokesman for the Department of Corrections, declined to comment yesterday on the pictures or other correspondence, but he did confirm that two D.A.'s investigators had spent the better part of a day last week at Pelican Bay State Prison. "They came up and talked to a number of people, and we assisted in giving them whatever information they requested," Martinez said.

And what do Noel and Knoller say about the photos?

"I'm not going to confirm it or deny it," Noel told us earlier this week.


Noel then said, "There used to be a time when guy-on-guy or woman-on-woman relationships were looked at as unnatural acts. What concern is it to anybody if there is or isn't a personal relationship?"

If anything, Noel said, the disclosures about the photos only go to show that the Department of Corrections -- with which Noel has been battling for years -- is "violating the lawyers again."

"If they've disclosed any of the confidential materials, then it will be added to the $100 million claim that we're going to file (against the Corrections Department) for breach of the confidentiality of our adoption (of Schneider)," Noel said.

One more thing. No matter how strange you might think the couple's relationship is with their new son, Noel once again took the opportunity to remind us that "at least he's not a Republican."

ENERGY UPDATE: Word is Gov. Gray Davis is going to make an announcement soon about going ahead with some sort of state energy authority -- a plan that could include the state taking over the utilities' power transmission lines.

But there may be a lot more involved than that. As one source in the know told us, "I know there's a lot of talk about transmission lines being the 'hot dog' we're buying -- but I think Gray wants to rethink the whole barbecue."

THE "N" WORD: Too early to tell if Lt. Gov. Cruz Bustamante's verbal blunder this past week in Emeryville will be fatal or simply remembered as a very embarrassing flub.

 


What follows requires a strong stomach. The San Francisco Chronicle, March 20, 2001, in a Debra Saunders piece entitled "One Man's Animal Husbandry," reports that Peter Singer recently wrote an online book review for a pornographic Website in which he defends bestiality. Saunders summarizes Singer's position thusly: "You can have sex with … [animals] but don't eat them." On the problem of securing his victim's "consent," Saunders paraphrases PETA president Ingrid Newkirk: "Singer does not advocate sex that kills or damages animals or requires them to be restrained. Indeed, Singer condemns sex between men and hens because it is 'usually fatal to the hen'." That's consent? That this devotee of debauchery would be so squeamish over trifling depravities like sadism and bondage seems almost quaint. It is truly a "man bites dog" tale (tail?). How prudish his incongruous rectitude must seem to many San Franciscans. On what grounds would this suddenly judgmental professor deny pleasure to the sadomasochistic community of beasts?

Would nonconsensual sex between a man and a woman be acceptable to PETA so long as the woman weren't "killed, damaged or required to be restrained?" Can consent reasonably be inferred from a victim's absence of injury or failure to resist; especially when the victim has only limited ability to comprehend the nature of the act? Singer's animal standard, if applied to humans, is so permissive that it would violate the sexual harassment and sexual assault regulations of his own employer (see http://www.Princeton.edu). In the sexual harassment realm, Princeton prohibits advances toward anyone who has "indicated no interest." How does a sheep "indicate interest" in bestiality? With regard to sexual assault, the university bars sexual contact with anyone "who is unable to consent." Can a goat "consent" to buggery? Would Singer require that lambs, foals, etc., reach the "age of consent" before being considered fair game? Would PETA endorse the creation of a North American Man Puppy Love Association (NAMPLA)?

PETA has issues here and they are far more serious than the imagined contradictions of pro-life beefeaters. It gets much worse.

Although this becomes a bit complicated, on March 12, 2001, in San Francisco, amid much publicity, a homosexual activist named Sharon Smith filed a civil action for wrongful death against neighbors Robert Noel and Marjorie Knoller. The latter are married and both are lawyers. They also own two vicious dogs, both of which allegedly attacked and one of which gruesomely killed a woman named Diane Whipple. Noel and Knoller (as lawyers will) quickly added insult to mortal injury by lamely arguing that Ms. Whipple might have provoked the attack by wearing pheromone-based perfume or using steroids. They also speculated that perhaps the victim hadn't done enough to escape the dog which was tearing out her throat. Ms. Whipple was a lacrosse coach at St. Mary's College and Ms. Smith's lesbian lover.

California law does not permit unrelated "domestic partners" to make claims of this sort but the plaintiff argues that the court should not deny her a remedy on the basis that she was not married to Ms. Whipple while prohibiting her from ever being married to Ms. Whipple. Establishing standing in a wrongful death case would hugely advance the homosexual agenda for redefining marriage. Any expressions of misgiving concerning this proposed "reform" would, of course, be hate-filled and homophobic.

Now comes the bizarre allegation that Mr. Noel and Ms. Knoller were training these dogs, at the behest of inmates at Pelican Bay State Prison, to function as attack dogs; perhaps for a ring of drug dealers. Adding to the otherworldly weirdness of this very sad case, Mr. Noel and Ms. Knoller were reported to have later adopted one of the inmates who had bred these attack dogs.
No ones business
What does this stranger-than-fiction tragedy have to do with PETA and Dr. Singer? In its March 30, 2001 issue, The Orange County (CA) Register published an Associated Press (AP) story stating that criminal investigators now have evidence (including nude photos) suggesting that Mr. Noel and Ms. Knoller were having sex with the killer dogs (this is, after all, The City By The Bay). The article quotes police officer Carlos Sanchez who reports that "…investigators believed the dogs, Hera [female] and Bane [male] were being sexually assaulted by Noel and Knoller. Noel has said the issue is nobody's business [this is, after all, The City By The Bay]." The more liberal Los Angeles Times apparently agreed and discretely censored any mention of interspecies intercourse from its publication of the same AP article.

The point here is that the police aren't treating the alleged bestiality as a private affair among consenting adults (albeit of different species). They see it as rape and must be basing this view on a failure of consent. Would Professor Singer object to this theory of culpability? If so, may we conclude that he thinks animals are entitled to less protection from sexual assault than humans? Does this not out him as a latent speciesist? And if that is his view of sexual assault by humans on animals, what of sexual assault by animals on humans?


Marjorie Knoller, on trial for second-degree murder for her dog's deadly attack, listens to opening statements.



12 min attack
By Rochelle Steinhaus
Court TV
Passionate opening statements, gruesome photos and conflicting accounts of a deadly 12-minute attack marked the first day of the dog mauling trial of two San Francisco lawyers.

Married couple Robert Noel and Marjorie Knoller are being tried in connection with the fatal Jan. 26, 2001, attack that left their 33-year-old neighbor, Diane Whipple, dead.
Hammer
callous
Lead prosecutor James Hammer told the jury that Knoller, 46, is guilty of murder, having done nothing before the attack to protect others from dogs she knew were dangerous — or after the attack, leaving a helpless, naked and bloody Whipple in the hallway alone without calling 911. The college lacrosse coach died hours later.

Displaying graphic autopsy photographs showing numerous deep bite marks on the back of Whipple's neck, arms, back and legs, Hammer refuted Knoller's claim that she used her body as a shield in an effort to save Whipple's life.

"How does Diane Whipple get all of those wounds and every piece of clothing ripped from her body...if that woman is on top of her the whole time?" Hammer asked during his opening statement presented to the Los Angeles jury. The case was moved from San Francisco because of the extensive pretrial publicity.

Knoller's defense lawyer Nedra Ruiz countered that Knoller was soaked in blood as she risked her own life to try to save Whipple. Ruiz had her own photographs to show the jury — of her client covered in blood.
Ruiz
"The evidence will not show that Marjorie stood back and let this horrible thing happen to that beautiful girl," said Ruiz, breaking into tears. "This blood soaking occurs when you put your body on a beserko crazy dog."

In her mocha business suit, Ruiz crawled on the courtroom floor to demonstrate the defense's version of events, which paint Knoller as not a criminal but a heroine.

"No one is sorrier that Marjorie Knoller could not save Ms. Whipple than Marjorie Knoller, who risked her life trying to save Ms. Whipple," she said.

Noel's defense lawyer, Bruce Hotchkiss, said a flat tire was the reason his client wasn't near the grisly scene at the time. The burly 60-year-old defendant faces charges of manslaughter and keeping a dangerous animal stemming from allegations that he and Knoller were aware the dogs were vicious.


Hotchkiss

In his opening statement, prosecutor Hammer said both defendants had "extensive knowledge" and "received repeated warnings" that the dogs were dangerous. He said that Whipple's was not the first incident to demonstrate that Noel and Knoller's two Presa Canarios had aggressive natures, but that there were nearly 30 prior incidents of the dogs acting in an aggressive manner to passersby or neighbors.

"The evidence will show they disregarded all of those warnings and Diane Whipple is dead as a result of that," Hammer said.

Hammer also charged that the two dogs, Bane and Hera, who have since been killed, were part of a dog-raising scheme masterminded by Paul "Cornfed" Schneider, a 39-year-old prison inmate whom the defendants legally adopted three days after Whipple's attack. He detailed the bizarre relationship the married lawyers shared with him. He is serving a life sentence for attempted murder.

Before testimony began, Hotchkiss concluded his brief opening statement by telling the jury he expects prosecutors to present evidence that will showcase the couple's "unconventional lifestyle."

"Having an unconventional lifestyle does not determine guilt or innocence," he said.

Both sides revealed some of the witnesses will take the stand during the trial, such as canine experts, neighbors who will testify about the dogs' behavior and the woman who initially raised Bane and Hera.

Perhaps the most unexpected revelation was confirmation that Knoller will testify.

The announcement came as a result of Ruiz's attempt to play a recording of Knoller's police interview for the jury. Although Judge James Warren wouldn't allow it, since the tape is not in evidence and would be considered hearsay, he did say that Ruiz could summarize for the jury what Knoller will testify to — if she is taking the stand.


Warren
"Ms. Knoller will definitely testify in this action," Ruiz told Warren.

Though jurors unable to hear Knoller's police statement, they did get to see the couple's interview with "Good Morning America" which was conducted prior to the couple's indictment. During the interview, Knoller denied that the dogs were vicious — along with any responsibility for the attack.

"Ms. Whipple had ample opportunity to move into her apartment," Knoller says in the video. "She could have just slammed the door shut — I would have."

Among other witnesses the jury will hear from is Esther Birkmair, a 78-year-old neighbor who prosecutors say heard the attack and even saw part of it through her peephole. While Hammer said that the elderly woman observed a dog on top of Whipple and heard the dogs pounding on her door following the attack, Ruiz maintains that Birkmair later identified the body on top of Whipple's as Knoller's. The defense also contends that it was not the dogs pounding on the door, but Knoller in a desperate call for help.

Hammer also told jurors that police arrived on the scene to find Whipple alone in the hallway with one of the dogs still running loose. But Ruiz says that Knoller had already secured both dogs inside the apartment and that, contrary to her own client's grand jury testimony, Knoller was not looking for her keys before police arrived.

While the prosecutor outlined several examples of witnesses who say the dogs were dangerous, Ruiz noted instances in which the dogs displayed obedient behavior and the couple acted as responsible dog owners.

The trial was broadcast on Court TV during opening statements, and will air live during closing arguments and the verdict. While Court TV sought to broadcast the trial in its entirety, the judge only allowed cameras in the courtroom during those three phases of the trial.
 

 

San Francisco Chronicle

January 27, 2001

Powerful Dogs Maul Woman, Kill Her
S.F. neighbors' pets lunged down hallway

A San Francisco woman died last night after being attacked inside her apartment building by two English mastiff and Canary Island cattle dogs as the dogs' horrified owner struggled to pull them away.

The leashed dogs -- with a combined weight of 233 pounds -- bolted from Marjorie Knoller's Pacific Heights apartment, dragged her down the hallway and lunged for the 32-year-old victim's throat as she frantically tried to open her front door, police and witnesses said.

The animals mauled the victim for about five minutes before Knoller, who was also bloodied in the 4 p.m. melee, could pull them back into her apartment at the corner of Pacific Avenue and Fillmore Street.

whipple hospital

The victim died at 8:55 p.m. at San Francisco General Hospital, where she had undergone surgery for deep bite wounds on her throat. Authorities withheld her name at her family's request.

Paramedics had performed cardiopulmonary resuscitation as they raced the unconscious woman, who was near death and bleeding profusely, to the hospital.

"When she arrived . . . she was in full cardiac arrest," said Dr. S. Marshall Isaacs, an emergency room physician. "There were no signs of life."

SURGEONS WORKED

Surgeons spent almost two hours repairing the veins and arteries of her neck. Some of wounds were 1 1/2 inches deep, Isaacs said, and doctors had to insert a tube into her throat to support her trachea. She remained in "very critical" condition for 70 minutes after surgery before dying.

Detectives initiated an investigation into the attack almost immediately.

"They need to determine if anything criminal occurred," said Police Lt. Mary Stasko. "Right now it's a horrible accident. But they'll interview people to see if there's any history of aggression or any negligence."

The attack came as Knoller returned from walking the dogs around her Pacific Heights neighborhood, police investigators said. The victim apparently arrived home at about the same time.

The dogs were still on their leashes when they bolted from Knoller's sixth- floor apartment and bounded 15 feet down the hallway toward the victim, who was unlocking her door, police and witnesses said.

Bane, a 2 1/2-year-old male bullmastiff weighing 120 pounds, grabbed the victim by the throat, police said. A 2-year-old female named Hera and weighing 113 pounds joined the attack moments later.

A STRUGGLE

Knoller struggled to pull the dogs off of the screaming woman, said Robert Noel, Knoller's husband.

"My wife was covered with blood from the top of her head to her feet," said Noel, who arrived just after the attack ended. "Most of it was somebody else's (blood)."

Witnesses painted a harrowing picture of the attack.

"She was screaming in a major way," said David Kuenzi of New York, who was visiting a friend in the building. "I personally thought she was being mugged or raped."

Police and paramedics found the woman lying in blood, with bloody handprints covering the walls. Bits of clothing littered the floor, and a blood-soaked green nylon leash was lying nearby.

"It was a gruesome scene," said San Francisco Police Officer Leslie Forrestal. "There was shredded clothing, obviously a lot of blood. It was horrific."

TRANQUILIZERS USED

Animal control officers fired three tranquilizer darts into Bane before removing him and Hera from Knoller's apartment. They remained locked up last night in the city's animal shelter.

Noel, an attorney, said he obtained the dogs several months ago from a family that planned to breed the dogs before giving them up.

"They weren't really being taken care of very well," he said. "They apparently had been chained out in the weather."

Noel said the animals had no history of aggression and had seen the victim on several occasions without acting aggressive.

"I've had 80-year-old ladies want to come up and pet them," he said. "The dogs have always been really people-friendly."

But some of Noel's neighbors said they were intimidated by the animals' imposing size and always gave them a wide berth.

"People are visibly taken aback when they see the size of these dogs," said Ed Lewis, who lives on the fifth floor. "When neighbors have complained, they (the owners) have been standoffish."

The last dog attack that made headlines in San Francisco occurred on last March when Sidney, an Old English sheepdog, bit San Francisco police officer Jennifer Dorantes.

The attack came as Dorantes and her partner, Officer Julian Ng, responded to a 911 call at a home in the Castro-Amazon district. Ng fired at the dog and missed, instead wounding his partner and an 11-year-old boy in the house.

 

San Francisco Chronicle

Sunday, January 28, 2001

S.F. Neighbors Say Dog Was Aggressive  'This woman died from our negligence'


 

One neighbor referred to him as "Killer Dog" Others, "Dog of Death."

Bane, the Canary mastiff that mauled to death a 33-year-old Pacific Heights woman Friday, tragically lived up to their fears.

Yesterday, a number of neighbors said they knew that 3-year-old Bane was aggressive and regretted that they hadn't reported him to the city before.

One neighbor, who asked not to be identified, said she went so far as to work out a schedule with Bane's owner, Robert Noel, so their quarreling canines would not cross paths.

"None of us ever filed a complaint, and that's what makes me sick now," said Cydnee Dubrof, a dog owner who lives a few doors away from Noel and his wife, Marjorie Knoller. "This woman died from our negligence.'

On Friday afternoon, the 123-pound Bane lunged at Diane Whipple, who lived next door to Bane's owners in an upscale apartment building at Pacific Avenue and Fillmore Street. Whipple had just returned home from her job as women's lacrosse coach at St. Mary's College in Moraga.

"Marjorie just about had the dogs completely in the apartment when the elevator door opened and our neighbor came out," said Noel, who arrived home shortly after the attack. "Bane sort of perked up and headed down to the end of the hall. The woman had the apartment door open and was just standing there" when the dog attacked.

Despite the efforts of Noel's wife to come between the two, Whipple sustained deep bites to her neck and died at San Francisco General Hospital about five hours later.

"Marjorie was telling the woman to stay still, but she kept moving and Marjorie would try to cover her again," Noel said.

Whipple weighed less than the dog that killed her, said Susan Scheetz, a longtime friend who was Whipple's lacrosse coach at Penn State University. Scheetz guessed Whipple weighed 110 pounds and stood 5 feet 3 inches.

Bane, not a bull mastiff as initially reported but a lethal mix of English mastiff and Canary Island cattle dog, was destroyed at the city's animal shelter later Friday night. The couple's other dog, Hera, who was also in the hallway but according to Noel did not join in the attack, remained at the shelter yesterday. A shelter spokesman said the fate of 112-pound Hera, also a Canary mix, depended on the outcome of a police investigation.

Noel said he would be meeting with shelter officials today.

Yesterday, no charges had been filed against Noel, 59, or Knoller, 45, both attorneys who work out of their sixth-floor apartment.

In fact, police say they're not even sure what the charges would be, it's so rare for a person to die from a dog attack.

At St. Mary's last night, spectators held a moment of silence before the men's basketball game against Pepperdine. Members of the women's lacrosse team,

wearing small black ribbons, huddled in a corner of the tiny gym.

Athletic Director Carl Clapp, who had been in Los Angeles with the women's basketball team, flew back to lend his support.

"The thing I remember most about Diane was her passion," Clapp said. "Whenever she talked about the women's lacrosse team, her eyes would start to water."

Friends described Whipple as an animal lover. She had two cats; she once owned a chinchilla, and she really loved dogs, they said. Heidi Peterson, an assistant coach at St. Mary's last year and a longtime friend, said she had to talk Whipple out of adopting a dog about two weeks ago.

"That's why this is so absolutely, completely ridiculous," Peterson said of the tragic incident. "I can't think of any other word for it. It's just ridiculous."

Despite neighbors' fearful accounts, Noel insisted that neither dog had ever shown aggression toward humans. In fact, Bane had in the past befriended a kitten, whom he would gently carry around in his mouth.

Noel recalled a greyhound he once owned who nipped at some children. "Inside the hour, that dog was at the vet with a needle in his arm," Noel said.

"If Bane had shown any aggression toward people, he wouldn't have been here."

Noel recounted numerous stories of people, young and old, stopping on the street to pet his unusual charges.

Noel said he adopted the dogs about three months ago after suing, pro bono, on behalf of a client to have them released from a breeding facility that was leaving them chained outdoors.

The couple is known for their pro bono work, particularly on behalf of the city's homeless.

When Noel won the case, it was discovered that Bane and Hera were ineligible for breeding because of health problems. Noel decided to adopt them to keep them from being destroyed; the other dogs were returned to their owner,

who wanted to breed them.

Both were underweight; Bane had sores the size of half dollars on his ears from horsefly bites.

Noel remembered the first time he met Bane, whom he affectionately called 'The Big Guy.'

"The first thing Bane did was he sniffed me and licked my hand, then started licking me from my toes on up."

With women, Bane would usually give a few "well-placed sniffs," then roll over on his back so his stomach could be scratched, Noel said.

As for Hera, "She's a very perceptive person," Noel said, refusing to call her a dog. "When I'm feeling down, she'll sit down next to me and start licking me. She won't stop until she has me laughing."

The Canary dog is a powerfully built animal bred for dog fighting, according to information provided by the Animal Care and Control Department. The breed nearly became extinct in the 1960s because of a ban on dog fighting in its homeland, the Canary Islands.

Noel said Bane had his share of run-ins with other dogs -- one which ended in Noel having his right index finger almost severed.

The incident took place at Crissy Field a few months ago, he said, when another dog ran up and attacked him, and then Bane.

"I don't know who did it, but when the dust settled, I looked down and my finger had been almost completely severed," he said.

Knoller was recovering from injuries herself yesterday, Noel said, and did not want to talk to the press. She opted not to be treated at the emergency room at S.F. General because the couple were not ready to face the victim's family, who also were there, Noel said.

Noel said his wife has received death threats over the phone because of the incident.

He was at a loss to explain the attack on Whipple, who moved into the building to live with a friend about a month ago.

"Bane and I had encountered her at least four or five times in the past month," he said. "He had never shown the least bit of interest in her.

"It's a horrible tragedy for everybody involved," he said. "For our neighbor, her parents and family and people who loved her, it's got to be like ripping your heart out."

Yesterday, bouquets of flowers collected at the entrance to the apartment building.

Inside, the rug where the attack had taken place had been torn up and lay in a heap in front of Whipple's apartment door. A man who identified himself only as the building manager was scraping the floor.

Although Noel described his pets as gentle, experts on the breed say the dogs are notoriously aggressive.

Merry Johnson of Baltimore has bred and shown mastiffs for the past 25 years. She said in an interview that the Canary Island mix, Presa Canario, was bred for fighting contests in Spain.

So dangerous were the purebred Canario that Spain outlawed them in the 1930s, Johnson said. Mixing such a ruthless fighter with the large English mastiff, bred for pulling coal carts during wartime in England, is foolhardy, Johnson said.

Dr. Carl Semencic, in his book "Pit Bulls and Tenacious Guard Dogs," says of the breed: "As a guardian breed with man-stopping ability there is no dog that is more effective than the Canary Dog. . . . This dog . . . will not hesitate to attack anyone whom it perceives as a threat to its family or home. Such an attack could only be a hopeless situation for any man involved."

The descriptions come as no surprise to dog walkers familiar with Bane and Hera.

"He looked like the beast of death," said Dubrof, who referred to Bane as "Killer Dog" to her friends. Whenever she and her shepherd-Doberman mutt neared Bane, Noel would try to keep his distance, she said. "He definitely took evasive measures."

Another neighbor who worked out the dog-walking schedule with Noel said she began walking her dog in tennis shoes and bought pepper spray in case she ever needed to react quickly. "I literally changed my behavior. I needed to be prepared if the dogs got into a fight."

She became particularly concerned when she began to see Knoller walking both dogs. She had doubts that Noel could control one dog; she didn't think his wife would be able to control two, she said.

"I literally would take my dog and walk back into my apartment" if she saw them, she said.

She had never experienced such a problem before.

"He's the only dog in the neighborhood I've ever had an issue with," she said.

Lynn Gaines, a professional dog walker who has worked in Pacific Heights for four years, actually asked Noel to put a muzzle on his dogs after they scared her charge.

"I predicted there would be bloodshed," Gaines said. "If they wear a muzzle,

they can't sink their teeth into somebody's neck," she said.

Although he disagrees with his neighbors' assessment of his dogs, Noel is aware of how they feel. It's because of that sentiment, he said, that he may find another home for Hera if she's released by the animal shelter.

"I think she'd be fine here, but I don't know how the neighbors would feel, " he said.

For their part, Noel and Knoller, who have lived in their rented apartment about 11 years, have no plans on moving.

Reached at her apartment, Whipple's roommate declined to comment.

Whipple, a former member of the U.S. lacrosse team, had worked at St. Mary's since October 1999. Formerly, she was the head coach at the Menlo School, a college preparatory academy in Atherton.

The attack further riled debate over the city's leash law, which requires dogs to be leashed in public except in sanctioned dog parks, like at Crissy Field.

The Golden Gate Recreation Area's Citizens Advisory Committee last week delayed for 120 days a decision on whether to overturn a 22-year-old policy allowing dogs to run free on recreation area land.

The last dog attack that made headlines in San Francisco occurred last March when an Old English sheepdog bit a San Francisco police officer who was responding with her partner to a 911 call in the Castro.

The partner fired at the dog and missed, instead injuring the officer and an 11-year-old boy in the home.

 

San Francisco Chronicle

Monday, January 29, 2001

Frightened Callers Swamp LinesWith Scary Dog Reports
Fatal attack has residents on edge
 

After the fatal dog attack on a woman in her Pacific Heights apartment building Friday, fearful callers flooded the San Francisco Animal Care and Control Department during the weekend with complaints of scary or unleashed dogs in their neighborhoods.

"People are just afraid," said Animal Control Sgt. Judy Choy. She said calls are coming in round-the-clock, compared with six to 12 calls a day before the mauling.

Neighbors of the woman killed by at least one of two dogs who live down the hall from her have said they regret not calling Animal Control to report fears of the dogs before the attack.

But Choy said animal control officers could take away a dog only if the police requested it or following a severe bite or other dangerous incident.

In this case, that was too late.

Diane Whipple, 33, a lacrosse coach at Saint Mary's College in Moraga, died from massive injuries after being mauled brutally for five minutes by at least one of her neighbor's dogs.

The incident occurred when Bane, a 123-pound English mastiff and Canary Island cattle dog mix, bolted from Marjorie Knoller's apartment, dragged her down the hallway and lunged for the victim's throat as she frantically tried to open her front door. Knoller's husband, Robert Noel, said their other dog, 112-pound Hera, had not been involved in the attack.

Bane was destroyed at the animal shelter Friday night. Hera remained at the shelter yesterday. Her fate is expected to be announced today after an investigation.

Animal control officers said there were no recorded complaints about the couple's two dogs, but Noel had been asked by a professional dog walker in the neighborhood to put a muzzle on his dogs after they scared her pet.

"There is nothing we can do to force them to do anything," Choy said.

Although the Canary dog is a powerfully built animal bred for dog fighting, dog expert Carl Semencic said the breed was no more dangerous than any other dog trained to be a guardian and could make wonderful pets.

"This is not something you would expect of a Canary dog breed more than any other breed," he said. "I get calls all the time about these horrific stories, and it is always a different breed."

Big dogs are not necessarily ill-suited for urban living because they are often quieter and better guardians than small dogs, he said.

At Alta Plaza, a few blocks from the site of the attack, reaction was mixed.

Playing with his 9-month-old son Henry in the sand, Craig Asher, 34, was horrified to learn there is nothing people can do if they fear a neighbor's dog.

"They have to wait for them to kill somebody," he said. "The fact that there is no law that you could do something about it is scary."

Meanwhile friends of the woman killed in the attack described her as a creative and inspirational coach. Whipple, who was raised in Manhasset, N.Y., helped to make lacrosse popular on the West Coast.

"She was full of energy," said Judy Massey, whose daughter was coached by Whipple at Menlo School before Whipple moved to Saint Mary's. "She had this passion for this sport, and so many girls would come out for this sport they had never heard of. It was infectious," Massey said.

Services have not yet been announced.

 

Los Angeles Times

January 30, 2001,


 SAN FRANCISCANS OUTRAGED AS THEY MOURN DOG ATTACK VICTIM; 
TRAGEDY: MANY DEMAND PROSECUTION FOR OWNERS OF ANIMAL THAT MAULED WOMAN. OTHERS FEAR NEW RULES ON PETS.


The mauling death of a 33-year-old athlete, whose throat was punctured by a dog that outweighed her, pushed this city to high levels of fear and outrage Monday.

People called the district attorney's office, demanding that authorities throw the book at the couple who owned Bane--a 123-pound crossbreed who charged Diane Whipple in her apartment building hallway Friday in an attack so gruesome that police at the scene needed counseling.

Many of those calling the department of animal control wondered whether all canines of similar breed--part English mastiff, part Canary Island cattle dog--should be put to death. But they also pondered whether the dog was abused and what could have driven it to attack.

Callers to the San Francisco Society for the Prevention of Cruelty to Animals were even more a breed apart; they feared a backlash against animal rights, worrying that landlords might become more restrictive and that leashless dogs might be banned from the Golden Gate National Recreation Area, where they are allowed to run free in some sections. The Park Service had begun considering such a prohibition before Friday.

The death of the college lacrosse coach symbolizes a particularly gruesome brand of urban nightmare. But here in San Francisco--a city named for the patron saint of fur and feather, where shelters for homeless animals are more plush than those for homeless people--not everyone is afraid of the same thing.

Even so, said Carl Friedman, San Francisco director of animal care and control, "the city is in shock" over Whipple's brutal death. Friedman's department has fielded 50 to 100 calls a day since the attack in an upscale apartment building in flossy Pacific Heights. The SPCA also has received hundreds of calls.

"I am just so sick," Friedman said. "I get sick when people hurt animals; I get sicker when animals hurt people. It's such a tragedy. There have been so many phone calls."

Whipple, who was about 5 feet 3 and 110 pounds, was putting her key in the door of her sixth-floor apartment at about 4 p.m. Friday, when two large dogs bounded toward her. Bane bit Whipple's neck; 112-pound Hera tore at her clothes. Each time the dogs' owner, Marjorie Knoller, tried to get between Bane and Whipple, the dog attacked. Bane dragged Whipple 20 feet down the hallway.

"The dogs got away from Knoller and attacked her," said Jess Crosslin, a friend of Whipple's who lived nearby and saw paramedics bring the mortally wounded woman from the building. She died at San Francisco General Hospital. "The attack went on for several minutes. She never did get away from those dogs."

Whipple's friends said the animal-loving All-America lacrosse player, nicknamed "the Whip," had been bitten by Bane before. "She hated that dog," said Cheri DiCerbo of New York, a childhood friend. DiCerbo said Whipple's roommate told her Monday about the earlier biting incident.

Whipple wasn't alone in her feelings about the dog. Cydnee Dubrof, who lived down the street from Whipple, said the strapping Bane was known as the Beast, Killer Dog and Dog of Death in the neighborhood of high-end apartment buildings overlooking the San Francisco Bay.

"The male owner would physically restrain the dog and pull him to the other side of the street or up an alley to get away from my dog when I would walk my dog," Dubrof said, adding that some local dog owners timed their walks when Bane and Hera were not strolling with their owners.

Jackie David, spokeswoman for the Los Angeles Department of Animal Services, said officers from her agency and its counterpart with the county of Los Angeles had begun to look into reports that the animals once lived in Southern California.

And, according to the Associated Press, two white supremacists serving time at Pelican Bay State Prison are now part of the investigation into Whipple's death. The inmates are being investigated for any role they might have played in organized dogfights.

Marjorie Knoller and her husband, Robert Noel, who are attorneys, have visited the two inmates in a professional capacity, prison officials said Monday. Authorities did not say whether that's where they got the dogs or whether the dogs were used in any fights.

San Francisco police have been investigating the incident, which spokesman Sherman Ackerson described as horrible. "There was blood and human hair all over the place," Ackerson said. "It was so bad officers on the scene needed psychological counseling."

Bane was put down over the weekend by lethal injection, Friedman said. Hera remains in protective custody awaiting the results of the investigation.

Fred Gardner, spokesman for Dist. Atty. Terence Hallinan, said the D.A.'s office is assigning one of its own investigators to aid in the effort. At the crux of the investigation is the thorny question of how much the dogs' owners knew about the animals' temperaments. The answer will help decide what crime, if any, Knoller and Noel are charged with. Knoller and Noel could not be reached Monday.

If the owners knew that the dogs had a propensity to fight or attack, Gardner said, they could be charged with involuntary manslaughter. They could also be charged with failure to exercise ordinary care with a dog, he said, "and if it's a felony, they could get two to four years in prison."

"The dogs were in Los Angeles at some point and were chained or abused," Gardner said. "The Noels took pity on them and wanted to save them from that fate. In the course of that, we have to find out what the reason was--were they chained because they had bitten, or were they abused?"

Angry callers to the D.A.'s office Monday were demanding stiff penalties, Gardner said. "Whenever something horrible happens, people think harsh prosecution can contain the situation. In this instance, it might. . . . It's fair to say that people are outraged."

Ed Sayres, president of the San Francisco SPCA, said the organization hoped to have its Web site updated by Wednesday with information to help animal owners find proper training for their pets.

"We're getting constant calls," Sayres said. "In San Francisco, the direction is, 'I hope this doesn't make any setbacks to the off-leash dog recreation area or the landlords being more restrictive.' People are afraid of a backlash. This is a very unusual, singular incident."

On Monday, the San Francisco Board of Supervisors unanimously approved a resolution for a letter of condolence to be sent to the Whipple family. At St. Mary's College in Moraga, where Whipple coached the women's lacrosse team, tearful friends and colleagues worked to organize an on-campus memorial service, and students continued to receive grief counseling.

The tears started Saturday morning, said Carl Clapp, director of athletics at the private Catholic college, "shock, disbelief, just a whole range of emotions, particularly for the young people. Diane was a mentor, a coach and a friend for the student athletes. They've lost somebody who's very special and important in their lives."

And at Alta Plaza, a hillside park where Knoller and Noel often walked their animals, dog owners said the incident is giving all dogs a bad name.

"Unfortunately, with 99.9% of all dogs you're not going to have that problem," said one woman who would not give her name but feared both Bane and Hera. "But you watch, here comes a bunch of new laws that penalize innocent animals: They're going to pass more restrictive leash laws and ban all big dogs from apartment buildings. It's a shame."

As a dozen dogs ran about the park without leashes, dog owner Tom Larson said the ultimate responsibility of a dog's conduct lies with the owner.

"The owners are responsible," he said. "Why would this couple keep two big dogs in a small one-bedroom apartment? Owners need to know the histories of the pets they buy, and they need to know the animal's limitation, especially in a crowded urban environment like this one."

Los Angeles Times

January 31, 2001

KILLER DOG LINKED TO RING RUN BY INMATES;  ATTACK: THE BREEDING OPERATION WAS DIRECTED BY WHITE SUPREMACISTS INSIDE PELICAN BAY PRISON, AUTHORITIES SAY.

 What first looked like a terrifying tragedy--young woman killed by rogue dog--has revealed an illegal guard dog-breeding operation run from behind the walls of the state's most secure prison, law enforcement officials said Tuesday.

Authorities investigating the death of Diane Whipple, 33, are on the trail of a bizarre story, complete with white supremacists, a surprise adoption and the Mexican Mafia.

The dog that killed the college lacrosse coach in her apartment hallway here was raised at the direction of two members of the Aryan Brotherhood, a white supremacist gang, who were illegally controlling a guard-dog breeding operation while incarcerated at Pelican Bay State Prison, corrections officials said.

Whipple was mauled to death Friday by Bane, a 123-pound English mastiff-Canary Island crossbreed. The dog belonged to two attorneys who had represented Paul "Cornfed" Schneider, 38, and Dale Bretches, 44, who are serving lengthy sentences for violent crimes, said Russ Heimerich, a spokesman for the California Department of Corrections.

San Francisco police are investigating whether Bane and eight other dogs were being raised at a remote Northern California farm as professional fighting dogs or guard animals for members of the Mexican Mafia, another prison gang, said San Francisco police Lt. Henry Hunter.

And in a strange twist, the attorneys acknowledged in a brief telephone interview with The Times on Tuesday that they had filed court documents in San Francisco to adopt Schneider, who is serving a life sentence without possibility of parole for attempted murder and aggravated assault while in prison.

The adoption was granted by Superior Court Judge Donna J. Hitchens on Monday, according to court documents, which say the attorneys and the inmate have "agreed to assume toward each other the relation of parent and child."

Couple Could Face Charges

The attorneys, Marjorie Knoller and Robert Noel, who owned Bane and another English mastiff-Canary Island mix named Hera, could be charged with a felony in the death of Whipple within three weeks, San Francisco Dist. Atty. Terence Hallinan said Tuesday.

Hallinan said they could be charged with responsibility for injuries caused by trained fighting dogs. They could face as much as four years in prison and a $ 10,000 fine, if convicted. Authorities would have to prove that the owners knew that Bane and Hera had a propensity for violence.

Until Noel and Knoller took custody of the animals 10 months ago, the dogs were being cared for by Janet Coumbs on her Hayfork, Calif., farm, where they had already killed more than two dozen farm animals, including a ram, sheep, chickens and a house cat, the Trinity County woman said in an interview.

Coumbs said she had unwittingly become involved in the dog operation after she began visiting Schneider at Pelican Bay as part of a Christian outreach. Coumbs said she and her 17-year-old daughter "felt like prisoners to those dogs."

Whipple died Friday after a brutal attack that has stunned this normally animal-loving city. The athlete and coach had just gotten home from her job at St. Mary's College in Moraga when Bane gripped her throat, while Hera tore at her clothing. Knoller tried to intercede to no avail.

Whipple was taken to San Francisco General Hospital, where she died several hours later. Bane was put to death over the weekend. Hera is in protective custody, awaiting a Feb. 13 hearing about her fate.

As the incident gained attention, police began receiving calls about the couple and the animals, including reports from neighbors and others alleging that Bane and Hera had attacked other animals. One of the callers was Coumbs.

Coumbs, 49, who suffers from arthritis and asthma, said she began corresponding with Schneider in 1997 after a friend suggested that she reach out to local prison inmates. She visited Schneider several times before he proposed that she begin raising the animals as a way to make extra money on her tiny farm.

Coumbs said she was instructed to contact a kennel in Chicago and select two puppies. Looking at pictures the kennel supplied her, she decided on Bane, then three months old, and a 9-month female. The dogs were later delivered to her at the Sacramento airport after she paid $ 1,200 apiece for the animals, money that she said Schneider supplied her.

Schneider soon instructed her to purchase two more females from a kennel in Ohio. "He said I could make more money by breeding the dogs," she said.

But the arrangement went sour when Coumbs stopped receiving money for the dogs' upkeep from Schneider and from a Sacramento woman, who she said also instructed her on the dogs' care. Schneider never told Coumbs to train them to attack, she said, and she did not, but "he told me not to make wusses out of them."

In debt for the dogs' care, Coumbs said, she declined to answer a letter sent by the convict. Months later, she was sued by Noel and Knoller for custody of the animals.

breeding dog cornfed

Lt. Ben Grundy, a spokesman for Pelican Bay, said Schneider and Bretches allegedly ran the dog-breeding operation from behind bars by writing to accomplices in code to hide the identity of those involved and the extent of the operation.

The prison investigated the operation, which Grundy described as "lucrative," between October 1999 and April 2000. At that point the research was turned over to the FBI.


According to a U.S. Department of Justice advisory that Hallinan received Tuesday, detailing the prison's investigation, an Aryan Brotherhood group at Pelican Bay had allegedly maintained a business to buy and sell fighting dogs for profit.

The Department of Justice report said the gang used associates outside the prison to raise and sell the dogs and funnel the profits back to incarcerated gang members, Hallinan said, adding that some dogs were to be sold to the Mexican Mafia.

It is illegal for inmates to operate moneymaking enterprises from inside prison. But Heimerich said the FBI found no evidence of illegal practices outside the prison involving the dog-breeding operation. As a result, charges were never filed.

Last April, Knoller and Noel got custody of all nine dogs from Coumbs and took Bane and Hera home to their one-bedroom apartment. Authorities are investigating what happened to the other seven animals.

The attorneys would not comment on the incident or the investigation.

According to Heimerich, however, the two attorneys were frequent visitors to Schneider in Pelican Bay, visits that overlapped with the dog-breeding operation. They also had represented Schneider in at least one lawsuit.

Officials Got Letters

In 1998, Knoller and Noel wrote on behalf of Schneider to a laundry list of public officials, including California Sens. Barbara Boxer and Dianne Feinstein and then-U.S. Atty. Gen. Janet Reno.

In the letter, Knoller and Noel wrote that they have represented half a dozen Pelican Bay state correctional officers charged with civil rights violations against inmates.

Two guards had been found guilty of conspiring with inmates who belonged to white supremacist groups, including the Aryan Brotherhood. The guards and inmates had conspired to set up brutal attacks against convicted child molesters and other inmates at the bottom of the prison hierarchy.

At one point in the 39-page letter, obtained by The Times, Noel and Knoller pleaded with Del Norte County and federal officials that Schneider's life was in danger because he was being forced to share a cell with another inmate.

"I strongly urge you to offer Mr. Schneider the immediate option of being single celled," Noel wrote then-warden of Pelican Bay, Robert Ayres, in March 1998. "I strongly urge you to consider an immediate transfer of Mr. Schneider to another institution for his safety."

The letter was written during a war inside the ranks of the Aryan Brotherhood, internecine violence marked by several murders. At the time, according to Noel, the Aryan Brotherhood inside Pelican Bay had splintered into at least three factions, two of which were allegedly trying to murder Schneider.

 

Los Angeles Times

February 1, 2001,
 

 CALIFORNIA AND THE WEST;  GUARD DOG OPERATION DOWNPLAYED;  CORRECTIONS: OFFICIALS SAY THE ENTERPRISE LINKED TO THE MAULING DEATH OF A SAN FRANCISCO WOMAN NEVER GOT OFF THE GROUND.

 State prison investigators say the dog that killed a San Francisco woman last week was part of a fledgling operation by the Aryan Brotherhood called the "Dogs of War," an enterprise to train fighting guard dogs that never got off the ground and never made the prison gang its intended profits.

They say the operation, despite its ominous title, consisted of six dogs at most, half of them eventually killed by the mixed breed Canary Island-English mastiff named Bane. This was the same powerfully built dog that mauled to death 33-year-old Diane Whipple at the door of her San Francisco apartment Friday.

Corrections investigators said Wednesday that earlier reports of the dogs being trained to guard methamphetamine labs were "pure speculation," and that whatever the prison gang intended to do with the animals, it was never able to carry out its plans.

"It was a fledgling enterprise at best, and half the dogs were eaten by Bane, according to our sources," said one corrections investigator close to the case who spoke on the condition of anonymity. "The story here is that a fine young woman was killed. All this other drama about meth labs and a big prison dog-breeding ring is made-for-TV stuff."

State corrections investigators said they began a serious investigation into the Aryan Brotherhood more than a year ago when a woman raising the dogs told them she was being threatened by the inmates. She said she was being threatened for not teaching fighting skills to Bane and a handful of similarly bred dogs shipped out from the Midwest, investigators said.

The trail then led to Pelican Bay State Prison, the remote lockup near the California-Oregon border that holds leaders of the Aryan Brotherhood, Mexican Mafia and Black Guerrilla Family in one of the most secure housing units in the country. Even so, the Aryan Brotherhood has managed to run drugs and direct murders from inside the prison, so the tip that the group had organized a fighting-dog ring was taken seriously.

That sent investigators to the cell of Paul "Cornfed" Schneider, 38, one of the most notorious inmates in California, and his fellow gang member, Dale Bretches, 44, both of whom had set up the "Dogs of War" enterprise, corrections officials said.

Schneider, who is serving a life sentence plus 11 years for stabbing a guard as well as one of his former attorneys, is a reputed U.S. Air Force-trained expert in escape and survival who boasted a "highly developed talent for weapons manufacture, use and concealment," according to a letter from one of his attorneys obtained by The Times. In addition to his prowess with knives, Schneider is an accomplished pencil and crayon artist.

At the direction of Schneider and Bretches, the dogs ended up at a remote farm belonging to Janet Coumbs of Hayfork, Calif. Coumbs, who had been visiting Schneider in prison as part of a Christian outreach effort, was enlisted by the gang members to teach the dogs to fight, corrections investigators said. But she resisted, and at some point, two associates of the gang visited her.

"They tell her to get with the program, you either teach the dogs to fight or you get your arms and legs broken," said the corrections investigator. "Coumbs is one tough lady or she apparently didn't understand who she was dealing with, because she told them she wasn't going along with the plan."

Herman Franck, a Spokane lawyer who has represented Schneider in the past, scoffed at the idea that Schneider and Bretches were running a ring to breed attack dogs.

"These guys are artists," Franck said. "They wanted to have someone raise the dogs so they could have their pictures and paint them. . . . As far as I know they were just giving the dogs away, not making any money from it."

Franck said both men love the Presa Canarios, or Canary Islands, breed of dog. They adorned their prison cells with self-made artwork of the animals. The two also produce art featuring horses and "all kinds of furry animals," said Franck, who added that in much of their work "the animals will be next to a beautiful woman."

Corrections investigators have turned their information over to San Francisco police. Detectives are trying to determine if two San Francisco lawyers--who gained ownership of Bane and a second dog that attacked Whipple--knew the animals were violent.

City detectives said they are investigating reports that the two dogs kept by attorneys Robert Noel and Marjorie Knoller were involved in a spate of attacks in recent months. A postman reported that he was bitten by one dog while delivering mail. Another mailman told police that the dogs lunged at him while being restrained by either Noel or Knoller.

"We have reports that these animals were aggressive toward people in the past, and we're following up every lead," said San Francisco Police Lt. Henry Hunter.

Hunter said police are also investigating an incident at San Francisco's Baker Beach in which Bane, which literally means death, allegedly attacked Noel.

San Francisco Dist. Atty. Terence Hallinan said Wednesday that his office is focusing on a possible prosecution of Noel and Knoller. He said authorities would have to prove that the dogs were trained to attack and that the owners were negligent.

"We are considering a variety of options right now, from a felony conviction that could bring two, three or four years, all the way to homicide," Hallinan said.

Corrections officials say the husband-and-wife lawyer team of Noel and Knoller, who shared the same apartment complex with Whipple, are well known to them. The couple, who this week took the unusual step of adopting inmate Schneider, have represented half a dozen guards on behalf of the California Correctional Peace Officers Assn. At the same time, they have represented members and relatives of the Aryan Brotherhood.

"Noel and Knoller have represented several correctional officers accused of brutality against inmates, and they've yet to win a case," said Mark Roussopoulos, a special investigator with state corrections who was once sued by Noel and Knoller in a racketeering case thrown out of court.

Noel is a former assistant U.S. attorney who handled tax and bank failure cases, and Knoller specialized in financial, banking and Securities and Exchange Commission regulatory work.

They have represented Pelican Bay officers charged with civil rights violations against inmates. Two of the officers have been found guilty of conspiring with inmates who belonged to white supremacist groups. The guards and prisoners had conspired to set up attacks against convicted child molesters and other inmates at the bottom of the prison hierarchy. A third guard accused of brutality faces federal trial this year.

Because the guards were working in concert with white prison gangs, Noel and Knoller became familiar with the operations of the Aryan Brotherhood. Out of this familiarity, corrections investigators say, friendships grew between the two attorneys and gang members. In a 39-page letter in 1998, Noel and Knoller told Del Norte County and federal officials that Schneider's life was in danger because he shared a cell with a violent inmate.

The letter was written in the midst of a war within the Aryan Brotherhood. At the time, according to Noel, the gang inside Pelican Bay had splintered into at least three factions. One of them was headed by Schneider, who claimed his life was threatened by the other two factions.

In 1994 and 1995, according to Noel's letter, Schneider had put his weapons and artistic skills to use when he managed to hide several knives inside the prison's Security Housing Unit.

Schneider had removed a metal vent cover from the law library and used the vent to craft several knives, or shanks. The missing vent was never discovered, Noel wrote, because Schneider had replaced it with a pencil and ink drawing made to look like a vent.

At some point, Schneider decided to turn over the knives. Noel said he handed over the knives to authorities in hopes of gaining a transfer to another prison. That transfer never came.

Two years ago, Schneider struck up a friendship with Coumbs, the Hayfork woman who agreed to raise the dogs.

This week in Hayfork, a hard-luck mining town deep in the woods southeast of Eureka, residents said they couldn't imagine Coumbs training fighting dogs at the behest of the Aryan Brotherhood.

"I don't think Janet knew what she was getting into when she saw those cons," said David Godfrey, a local feed store owner who has known Coumbs since she was a girl. "She wouldn't do anything to hurt anyone. She just got conned by some cons."

Visiting Schneider and Bretches at Pelican Bay was no easy feat for Coumbs. The Crescent City prison sits 180 miles on twisting mountain roads from Hayfork. Residents described Coumbs as a devoutly religious woman who was often in town with her 17-year-old daughter. She got by on welfare payments, they said, and no one could recall if she ever held a job.

Her home, a white clapboard structure surrounded by cars and a few beat-up old camper trailers, is just off the main road that winds into town. On a recent day, a pair of sheep grazed in the back and a few chickens skittered among patches of snow.

"She's a quiet person. She's always out doing fund-raisers for the church," said Angela Riggs, manager of a local coffee shop. "I would never picture her raising fighting dogs."

Coumbs was away from home Wednesday. Neighbors said the dogs were kept penned and didn't cause problems, though the muscle-bound animals were an intimidating presence.

"They were scary," said Darlene Booth, a neighbor who lives half a mile from Coumbs' house.

Her husband, Donald Booth, said the biggest dog was often kept on a chain out front. Coumbs told him about the arrangement with the Pelican Bay prisoners, he said, adding that "it seemed a little strange."

State corrections investigators say reports that members of the Mexican Mafia were part of the fighting dog ring appear to be exaggerated. They say that one Los Angeles family, whose father and son are members of the Mexican Mafia, received as a gift one of the surviving dogs raised by Coumbs.

Investigators said Bretches recently took out a strange advertisement in a magazine for breeders of the Presa Canario dogs. The inmate had penned an elaborate drawing of Bane, with exposed fangs and in full snarl. He offered to draw a similar portrait for other dog owners and asked that they send photos to the Security Housing Unit at Pelican Bay.

"It was a very accurate and frightening drawing," said the investigator. "It looked like a killer dog."