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Owners of Attack Dogs Protest Evidence Seizure

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From Associated Press

The owners of the dogs involved in a fatal attack on a San Francisco woman say police have improperly seized evidence from their house.

Robert Noel, representing himself and his wife, Marjorie Knoller, reviewed the 11 envelopes of documents police took Feb. 9, and contested the taking of six of them Thursday.

“I’m concerned that attorney-client material doesn’t get violated,” he said before San Francisco Superior Court Judge Lenard Louie.

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Noel said the envelopes contained letters from him and Knoller to Pelican Bay State Prison inmate Paul Schneider and Schneider’s cell mate Dale Bretches. Authorities allege the two inmates ran a fighting-dog ring that included the two dogs involved in the death of Diane Whipple last month.

Police seized a computer, files, letters, magazines and photos, none of which prosecutors have seen yet. Louie appointed a representative to accompany police on the search, and the representative will review the documents that Noel contested to determine if they do breach attorney-client privilege.

Investigators must determine if Noel and Knoller knew the dogs were dangerous. If they did, they could face criminal charges.

Noel is the attorney for Schneider and Bretches, and he and Knoller are also Schneider’s adoptive parents. The two adopted the 38-year-old inmate last month.

Noel and Knoller owned the two dogs called Hera and Bane and lived down the hall from Whipple. Bane is the dog reported to have killed Whipple, 33, on Jan. 26 in the hall of her apartment building.

Bane was put down that night. City animal control officials considered Hera’s fate Tuesday. On Wednesday, before they reached a decision, Dist. Atty. Terence Hallinan ordered the officials not to kill her, saying she might serve as evidence should charges be brought against Noel and Knoller.

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Noel and Knoller have repeatedly denied the dogs were vicious.

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