Original Judge Will Not Hear Retrial
The possible retrial of Marjorie Knoller, whose second-degree murder conviction for the dog mauling death of Diane Whipple in 2001 was later reduced to involuntary manslaughter, moved forward Friday with a decision not to allow the original trial judge to hear the matter.
San Francisco Superior Court Presiding Judge David Ballati denied a motion by Knoller's attorney to have Judge James Warren, the original trial judge, come out of retirement to rule on the case. Warren set aside the murder conviction. He issued the two involuntary manslaughter verdicts instead and four years in prison.
03/17/08: Marjorie Knoller May Go Back to Jail
San Francisco, CA - The case of a woman whose dogs fatally mauled a neighbor in San Francisco is scheduled to be back in court. The hearing in San Francisco Superior Court will center on which judge will get the case of Marjorie Knoller. The original judge in the case has retired.
Knoller was convicted of second-degree murder in 2002 after her Presa Canario escaped and killed her neighbor, Diane Whipple, but the judge reduced the conviction to manslaughter. The California Supreme Court ruled last year that the judge used the wrong legal standard, and ordered the court to reinstate the murder conviction or order a new trial.
03/22/02: SFGate Multimedia Special
03/22/02: The Verdict: Murder
06/05/01: Who's Who in the Whipple Case
06/06/01: The Prosecutors
02/24/02: A Controversial Defender
01/27/01: Powerful Dogs Maul Woman, Kill Her