Testimony About Sex Is Barred in Dog-Mauling Trial

A Superior Court judge Monday barred testimony in the San Francisco dog-mauling trial involving the defendants’ alleged sexual conduct with their dogs, but said jurors would be allowed to hear about their ties to a white supremacist prison gang.

The case involves defendants Marjorie Knoller and Robert Noel, the married owners of two Presa Canario dogs that attacked lacrosse coach Diane Whipple on Jan. 26, 2001, as she was trying to unlock her apartment door in San Francisco. Whipple was killed.

Deputy Dist. Attys. James Hammer and Kimberly Guilfoyle Newsom have argued that Knoller and Noel “actively encouraged the vicious nature” of the dogs as part of a scheme with Pelican Bay State Prison inmates Paul “Cornfed” Schneider and Dale Bretches to breed and train aggressive attack dogs.

The prosecutors argued that the defendants, both of whom are lawyers, and the inmates were involved in a conspiracy with the white supremacist Aryan Nation Brotherhood to run an attack dog operation outside prison.

Although prosecutors will be allowed to introduce evidence about their ties to the group, they will not be allowed to describe it as a white supremacist organization.

Nedra Ruiz, Knoller’s attorney, argued that neither her client nor Noel had any relationship with the Aryan Brotherhood as a group, although she conceded that Schneider was a member.

She said the Aryan Brotherhood testimony would merely bias the jury. “To allow the prosecution to argue that the Aryan Brotherhood is responsible for this horrible tragedy ... is to allow them to try my client with material that is irrelevant, immaterial and incredibly inflammatory,” Ruiz said.

Hammer countered strongly.

“These defendants were part of a conspiracy between much of the Aryan Brotherhood to breed, raise, train and sell aggressive dogs.”

Hammer and Newsom also sought to introduce testimony regarding sexual matters involving the couple and the dogs, but no details have been released on how that relates to the charges.

However, they have argued in court papers that evidence revealing the closeness of the relationship between Noel and Knoller and Schneider would help the jury assess whether any testimony provided in the trial by the inmate was biased in the defendant’s favor.

Some of that information may come out in a series of letters that Judge James Warren agreed to allow prosecutors to show jurors.

Warren also agreed to allow a video showing one of the dogs and others of her breed barking and jumping around and to permit experts to testify whether the dogs’ actions reveal an aggressive nature. Both sides will offer expert testimony about the dogs’ actions shown in the video.

The trial is being held in Los Angeles because Warren ruled earlier that Knoller and Noel could not get a fair trial in San Francisco because of publicity in the area.

Knoller, 46, and Noel, 60, face charges of involuntary manslaughter and keeping vicious dogs. Knoller, who was with the dogs during the attack, also is charged with second-degree murder. She could be sentenced to up to 15 years in prison if convicted. Noel could get four years.

The attack happened as Knoller emerged from her apartment with the two dogs on a leash. Whipple was carrying groceries and was trying to get into her apartment when the dogs broke away and attacked her. One dog, known as Bane, attacked her throat, as the other dog, Hera, ripped at her clothes. Both have been euthanized.

Opening statements in the trial are expected to start Feb. 19.