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Dogs in Fatal Attack Called Friendly

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TIMES STAFF WRITER

The two dogs that mauled a San Francisco woman were normally friendly, calm and well-behaved, according to witnesses who testified as the defense began presenting its case Tuesday.

One defense witnesses described the dogs as sweet and beautiful. Several witnesses said they never saw the dogs growl, bite or lunge at anyone.

“They didn’t behave in any way different than a normal, friendly dog would,” said Allan Paul, owner of a brew pub that the dogs’ owners, defendants Marjorie Knoller and Robert Noel, frequented with the two Presa Canarios.

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The testimony offered a picture of the dogs that contrasted sharply with what jurors had heard during the first two weeks of the trial.

Dozens of prosecution witnesses described terrifying encounters they had with the massive dogs. Several testified that the dogs had jumped at them, and one reported a dog had bitten him on the buttocks.

Diane Whipple, a 33-year-old lacrosse coach, died Jan. 26, 2001, after being attacked by the dogs in the hallway of her apartment building. The dogs, Bane and Hera, have been destroyed.

Knoller and Noel, who were Whipple’s neighbors, are being tried in Los Angeles County Superior Court on charges of involuntary manslaughter and keeping a mischievous dog. Knoller, 46, also faces a second-degree murder charge and could receive a prison sentence of 15 years to life. Noel faces a possible sentence of four years.

Prosecutors argue that the couple knew the dogs were vicious and did not heed advice to put muzzles or choke chains on them.

But defense attorneys maintain that Knoller and Noel were responsible owners who kept their dogs under control. The attack on Whipple was unexpected, they say.

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Paul, owner of the San Francisco Brewing Company, told jurors that Noel and Knoller came to his pub two or three times a week and often had one or both of the dogs by their side.

Paul said that the couple usually sat by the main entrance with the dogs outside and that the dogs never misbehaved.

When asked by Noel’s attorney, Bruce Hotchkiss, whether the dogs got along with his customers, Paul said, “Always ... or I would have asked them to leave.”

Another witness, a veterinarian who conducted a physical exam and vaccinated Hera in April 2000, described the dog as very calm.

Stephanie Flowers, the veterinarian, said Hera did not bite or lunge at her or a technician during a 25-minute session. Flowers added that she was able to clean Hera’s ear without sedating the animal.

“I praised her for tolerating the procedure as well as she did,” Flowers said.

The dog had a heart murmur and was emaciated at the time of the examination, Flowers said.

Bonnie Seats, a longtime friend of the couple, testified that she first encountered Hera in August 2000 when she visited with Knoller and Noel in front of their apartment building on Pacific Avenue.

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Seats said she knelt down, rubbed Hera’s ears and stroked her fur. “She is just a sweet girl,” she testified she had told the couple.

During a brief cross-examination, the witnesses acknowledged they did not know how the dogs behaved inside the apartment building where Noel, Knoller and Whipple lived.

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