Law & Order In San Francisco

Marjorie Knoller was sentenced to the maximum of four years in prison Monday for the dog-mauling death of a neighbor in their apartment building last year. With time served and good behavior, she could be out in about 14 months.

Knoller and her husband, Robert Noel - attorneys who were in practice together - were convicted in March in the death of Diane Whipple, who was attacked outside her door by the couple's two huge Presa Canario dogs in January 2001. Noel is already serving a four-year term.

Whipple, a petite 33-year-old lacrosse coach, was literally ripped to shreds by the dogs, each of which weighed about 120 pounds. Both were euthanized after the killing.

Judge James Warren said Knoller deserved the maximum because she had shown no remorse and had lied under oath in denying that she had seen the two huge dogs bite or menace others.

"You knew those dogs were dangerous, you knew you could not control them, you took them outside anyway and it was clear at some point, someone was going to get hurt by those dogs," he said.

"The victim was particularly vulnerable in this case," said Warren. "Ms. Whipple was in the doorway of her own home - a place a particular sanctity - and was killed at that spot... In your efforts to avoid responsibility for this crime, you knowingly committed perjury over and over again, both before the jury and before the trial."

Knoller, who said nothing in court, also was ordered to pay a $5,000 fine and $6,800 in restitution to Sharon Smith, Whipple's partner.

"This isn't about money. It wouldn't matter if it was $6,800 or $68 million," Smith said outside court. "I'm very happy today to be where we are, and that's Marjorie going to prison. Her being sentenced on manslaughter was my best hope."

Knoller, 47, was convicted of second-degree murder, involuntary manslaughter and having a mischievous dog that killed someone. Noel, 61, was found guilty of the manslaughter and mischievous dog charges.

Knoller could have gotten 15 years to life in prison for murder. But the judge threw out the charge, saying Knoller had no way of knowing the dogs would kill someone when she left her apartment that day.

The judge defended his decision Monday, saying it wasn't his job to satisfy demands for a "sense of justice."

"A sense of justice is personal," he said before the hearing began. "It is infected with bias, prejudice, public opinion, public feeling, everything that the court should not be involved in ... A sense of justice, I suggest, was achieved by Ku Klux Klan members and I daresay a sense of justice was achieved by people who flew airplanes into buildings not so long ago."

The dogs, Bane and Hera, both outweighed the 110-pound victim. Knoller testified that she tried to fling herself between the animals and her 33-year-old neighbor to no avail. Noel was out of town at the time of the attack.

Later, Knoller denied responsibility and said in a TV interview that Whipple could have saved herself simply by going inside her apartment. And Noel suggested Whipple may have attracted the dogs' attention with her perfume or even steroids.

Prosecutors said they were pleased with the sentence, though they had pushed for the murder conviction and had criticized the judge for tossing it out.

"A life sentence won't bring back Diane Whipple. Four years won't bring her back," prosecutor James Hammer said. "The only thing that would bring some peace, I think, to everyone who knew Diane is if this woman here, this lawyer, who lied at least 52 times, who mocked Diane Whipple and blamed her for her own death, would stand up as a human being and say, `I'm sorry. I wish I hadn't done these things. I'm responsible and I'm ready to pay the price."'

Smith said she was not surprised when Knoller ignored this final opportunity to make a personal apology for the attack that cost Diane Whipple her life.

"She has been an attorney from day one," said Smith. "She has not acted like a human... she probably doesn't even believe she's responsible for this."

Defense lawyers left court without comment.

Prosecutors are continuing their appeal of the judge's decision to throw out the murder conviction.

"We filed a notice of appeal," said San Francisco District Attorney Terence Hallinan. "If the murder charge is reversed, then it will be returned to the judge - not for retrial, but to sentence her to 15 years to life on the second degree murder charge."

"We do know that the appeal is going to be an uphill struggle, but this case has been an uphill struggle all the way," said Hallinan, who feels there is only about a five percent chance of restoring the murder charge.

The case stunned this city and made legal history when Smith won the same right as a spouse to sue for damages. The state Legislature enacted a law to allow wrongful-death lawsuits by gay partners.

"Although it's not everything we wanted," said Hammer, "these are two people who said they were not going to be punished a day in their lives for what they did, and they've now received some punishment for that. And that's some justice."