Lawyer in Dog-Attack Case May Be Cited

A defense lawyer in the San Francisco dog-mauling case could be held in contempt of court for allegedly calling the victim’s partner a liar, a judge said Thursday.

Superior Court Judge James Warren said he was told by at least six people that defense lawyer Nedra Ruiz had said in a television interview Tuesday that victim Diane Whipple’s partner lied or exaggerated about Whipple being bitten by one of two Presa Canario dogs a month before she was fatally attacked.

“It’s precisely the type of conduct that is likely to infect the jury, if they ever hear of it,” Warren said while the jury was outside the courtroom. “It does no good for counsel to go out and make comments like that.”

Ruiz, who represents defendant Marjorie Knoller, appeared on a television show on the Fox News Network titled “On the Record With Greta Van Susteren.”

During the show, Van Susteren asked Ruiz about her cross-examination of Whipple’s partner, Sharon Smith, and about Whipple’s previous encounter with one of the dogs.

“What exactly were you implying?” Van Susteren asked.

Ruiz said she was implying that Smith was “exaggerating or lying about an allegation that Diane was bitten in December before the attack.”

Later in the interview, Van Susteren also asked, “Are you saying that Sharon lied about it?”

Ruiz said, “Yes, I am.”

Ruiz was ordered to attend a court hearing on May 17 in San Francisco to explain her conduct to the judge. If the jurist holds her in contempt, she faces a maximum penalty of a $1,000 fine and five days in jail.

Warren went through a similar experience with Ruiz last summer when she told reporters her client had an excellent character and should have her bail reduced. She apologized to the judge, who did not impose sanctions.

During a break from testimony Thursday, Ruiz defended her comments on the show.

“I meant no disrespect to Judge Warren and no disrespect to his orders,” she said. “But I feel that my client has the right to be heard. My client has a right to have her side explained, to have her points made accessible to the media.”

Whipple, a 33-year-old lacrosse coach, died in January 2001 after being attacked by the two dogs in the hallway of her San Francisco apartment. Her neighbors, Knoller and Robert Noel, who owned the dogs, were indicted in connection with the killing.

The case was moved to Los Angeles because the judge was concerned that publicity in the Bay Area would prevent Knoller and Noel from receiving a fair trial.

The gag order in the case allows lawyers to provide reporters with a brief update of the “results of the day’s testimony and the purpose for which such testimony was offered.” But the order forbids them to make any “comment regarding the credibility or veracity of any witness.”

Ruiz, who has an unconventional and dramatic style in the courtroom, drew criticism last week when she asked Smith during cross-examination if she believed she could have saved Whipple’s life by reporting the earlier attack.

Smith testified that one of the dogs bit Whipple on the hand in their apartment building in December 2000. The incident made Whipple terrified of the dogs, Smith told jurors.

But Ruiz said on the Fox show that she did not believe Smith and Whipple were scared of the dogs.

“[Smith] contends that her life partner lived in fear to even use her own elevator,” Ruiz said. “Her life partner, Diane Whipple, was afraid to go out into the hallway. I don’t believe it.”

Michael Cardoza, who represents Smith in a wrongful death civil suit, faxed a letter to Warren on Wednesday about Ruiz’s appearance on the television show.

“My client is extremely offended by Ms. Ruiz’s character attack on a nationally televised program,” he wrote, calling the statements slanderous.

In an interview Thursday, Cardoza said, “It’s unbelievably unethical. To say it’s over the top is being euphemistic.”

San Francisco Dist. Atty. Terence Hallinan, who may face sanctions for comments he made in January, also must appear before Warren on May 17.

During an interview with the San Francisco Daily Journal on the grand jury proceedings that led to indictments against Knoller and Noel, Hallinan said, “Knoller’s testimony is full of such blatant lies, and it’s clear that she is just making things up.”

In testimony Thursday, a defense witness who was several floors below where the attack occurred said he heard a woman’s screams and ran toward them to investigate.

“Her voice was wild,” David Kuenzi testified. “I mean, she was screaming for her life.”

Kuenzi said the screaming turned to a whimper and finally ceased.

He said he then heard the “resigned” voice of a woman saying, “Stop. Please stop.”

Kuenzi said he did not see who was speaking because he was too frightened to approach the scene. Instead, he ran downstairs to call police.

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Times staff writer Laura Loh contributed to this report.