Trial in Mauling by Dogs to Be in L.A.

A Superior Court judge ruled Friday that the murder trial in a high-profile dog-mauling death will be moved to Los Angeles, where the larger population gives the defendants a greater chance of finding an unbiased jury.

San Francisco Superior Court Judge James Warren, who picked downtown Los Angeles over San Diego and Riverside counties, will preside over the trial of attorneys Robert Noel and Marjorie Knoller, which is scheduled to begin Jan. 22.

Defense attorneys for Noel and Knoller had argued that the two lawyers, who are married, could never get a fair trial in San Francisco, where the grisly death of Diane Whipple outraged the city.

Whipple, 33, was scrambling to unlock her apartment door and get to safety when Knoller lost control of her two huge dogs in the hallway of their Pacific Heights apartment in January. Hera and Bane, Canary Island dogs that each outweighed Whipple, lunged at the slight woman.

Bane went for her throat, while Hera allegedly tore at Whipple’s clothing. Whipple’s throat was punctured in the attack, and she died at San Francisco General Hospital. The attack was so ghastly that police officers at the scene sought counseling.

Knoller was indicted on charges of second-degree murder, involuntary manslaughter and failing to control a mischievous animal that later harmed someone. She faces 15 years to life in prison if convicted. Noel, charged with the two lesser counts, faces up to four years in prison. Both are in custody on $1 million bail each.

Attorneys for the couple argued that San Diego was a bad choice in part because Noel practiced law there and Whipple coached the women’s lacrosse team at UC San Diego.

In addition, an expert hired on behalf of the defendants polled San Diego County residents and found that “80% of the people surveyed . . . had concluded they were guilty,” said Nedra Ruiz, Knoller’s lawyer. “The judge is well aware of those studies.”

Edward Bronson, who conducted the surveys, testified in September that “the larger the county, the bigger the pool that you have to at least give you a chance of picking a fair and impartial jury,” according to court documents filed by the defense before the Friday hearing.

Los Angeles County has 9.5 million residents, according to the 2000 census, compared with San Diego County’s 2.8 million and Riverside County’s 1.5 million.

The prosecution, however, wanted the case to be tried in San Diego. Assistant Dist. Atty. James Hammer said in court papers that the Los Angeles region has ties to and interest in the Whipple case and that the trial could incite a “media frenzy reminiscent of the O.J. Simpson trial.”

The dog Bane lived for a time in Los Angeles. Members of the Aryan Brotherhood prison gang who owned Bane and Hera contemplated selling fierce dogs like them in the Los Angeles area.

Last summer, Carolyn Murphy of Lennox ran a classified ad in the Los Angeles Times offering Bane’s progeny for sale, calling them “Dog-O-War Presa Canario Pups!” and describing them as “bad to the bone.” A Times story on Murphy’s effort is attached to the prosecution’s pleadings as Exhibit A.

As much as Hammer worried about the case’s ties to the region, he also worried about Los Angeles.

“As the media capital of the country if not the world, Los Angeles County presents the greatest danger that this trial would create a media frenzy,” Hammer wrote.

Then there are logistics. A Los Angeles trial “could involve literally hours stuck on the freeway, transporting witnesses through the worst traffic in California,” Hammer wrote. “In addition to providing an ample source of unbiased jurors, San Diego would also provide a relatively convenient venue for transportation of witnesses to and from the airport for their testimony.”

Pretrial motions will be heard in San Francisco on Jan. 14. Jury selection is to begin in Los Angeles on Jan. 22 and is expected to last two weeks. The trial could take up to two months.