Diane Whipple
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Diane Alexis Whipple (January 21, 1968 – January 26, 2001) was a lacrosse player and coach, who is best known as the victim of a fatal dog attack in San Francisco in January 2001. The dogs involved were two Presa Canario/mastiff mixes named Bane (male) and Hera (female), owned by neighbors living in the same apartment building.
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[edit] Life
Whipple was born in Princeton, New Jersey. Her hometown became Manhasset, New York on Long Island, where she grew up and attended high school. She was raised primarily by her grandparents, and it quickly became apparent that she was a gifted athlete. As her athletic prowess increased, lacrosse became her sport of choice.
A two-time All-American in high school, and at Penn State, perhaps no other factor more defined Whipple's life than her athletic talent and drive. She was twice a member of the U.S. Women's Lacrosse World Cup team.
Whipple later moved to San Francisco, and came within seconds of qualifying for the U.S. 1996 Olympics team in track and field, for the 800 meters. Failure to make the team was a huge disappointment for her. She became a coach and teacher, assuming the position as the lacrosse coach at Saint Mary's College of California in Moraga, California. She was often described as a beloved and memorable mentor. Whipple was openly lesbian and lived with her long term partner Sharon Smith, an investment banker.[1]
[edit] Death
Whipple was killed on January 26, 2001 by two large Presa Canario/mastiff dogs who attacked her in the hallway of the apartment building. The dogs were owned by neighbors, Marjorie Knoller and her husband Robert Noel, both attorneys. Knoller failed to restrain her dogs when they attacked Whipple. Noel was not present during the attack.
The jury found Noel and Knoller guilty of involuntary manslaughter and owning a mischievous animal that caused the death of a human being. The jury also found Knoller guilty of second degree murder. Their convictions were based on the claim that they knew the dogs were aggressive towards other people and did not take sufficient precautions with such large and dangerous animals. Whether they had actually trained the dogs to attack and fight remained unclear.
A few people testified against them, including a professional dog walker, who, after telling Noel to muzzle his dogs, was told to "shut up" and called offensive names. Another one of Noel's freinds stated that Noel did not apologize after the freind had been viciously bitten by Hera a year before the attack.
The dogs had been raised on behalf of 38-year-old Paul Schneider, a high-ranking member of the prison gang Aryan Brotherhood who was serving a life sentence in Pelican Bay State Prison. Schneider and his cellmate Dale Bretches were attempting to start an illegal Presa Canario fighting-dog business from within the prison cell. Noel and Knoller had become acquainted with Schneider while doing legal work for prisoners, and, for some reason, adopted him as their son a few days before the mauling.[1] They agreed to take possession of the dogs when the previous caretaker, a farmer near the prison, fell out of favor with Schneider after the dogs attacked and killed a goat and a few chickens without ever being corrected, thus both of them assuming they could continue with such behavior. The dogs were chained to a remote corner of the farm, which caused them even more problems with aggression.
Allegations were also made that the two committed zoophilia against their dogs, and the prosecution contends that this may have triggered the attack[2]. The judge, however, did not allow these claims into evidence.
The trial judge ordered a new trial on Knoller's second degree murder count, ruling that implied malice requires a defendant's awareness that his or her conduct had a high probability of resulting in death. State prosecutors appealed, seeking to reinstate the second degree murder conviction. As of early 2004, both Knoller and Noel had served their terms for the manslaughter conviction, and Knoller was out on bail while her conviction was under appeal. In May 2005, the Court of Appeal reversed the trial court's call for a new trial on the second degree murder count, and Knoller appealed to the California Supreme Court.
On June 1, 2007, the California Supreme Court ruled that the correct standard for implied malice was that a defendant had been aware of engaging in conduct that endangered the life of another. The Court held that the trial court had set the bar too high, finding that implied malice would only be possible if the defendant knew his or her conduct had a high probability of resulting in death. In contrast, the Court found that the appellate court had set the bar too low, finding that implied malice would be possible if the defendant knew her conduct risked causing death or serious bodily injury. The Court ordered the trial court to reconsider whether to allow the second degree murder conviction to stand, in light of the correct standard.
In addition to the criminal charges, Whipple's partner, Sharon Smith, also succeeded in suing Knoller and Noel for $1,500,000 in civil damages, which she donated to St. Mary's for funding the women's lacrosse team. Three months after her death, Whipple was celebrated at St. Mary's by her lacrosse team and over 600 friends and others.
[edit] Further reading
- Jones, Aphrodite. Red Zone: The Behind-The-Scenes Story of the San Francisco Dog Mauling. ISBN 0-06-053782-5
- Millan, Cesar. Cesar's Way (contains a section on this case).
