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SAN FRANCISCO (AP) A judge on Wednesday denied the bulk of a
request by news organizations to unseal court documents connected
to the dog-mauling death of a San Francisco woman, but details from
a prison search warrant were released.
The Associated Press, San Francisco Chronicle and KGO-TV
requested that a Superior Court judge unseal search warrants and
prosecutors' theories supporting the searches of Robert Noel and
Marjorie Knoller's apartment.
The couple housed two Presa Canario-mastiffs that attacked and
killed 33-year-old lacrosse coach Diane Whipple last month in the
hallway of their San Francisco apartment building.
Authorities have said they believe the pair conspired with
prison inmates to breed dogs trained to fight and kill. Noel and
Knoller have not been charged, and authorities are working to
discover whether the couple knew the dogs they kept in their
apartment were dangerous, a key element in a dog-mauling
prosecution.
Even so, Judge Lenard Louie released a warrant in the Jan. 29
search of two Pelican Bay State Prison inmates Paul "Cornfed"
Schneider and Dal Bretches who authorities believe conspired with
Noel and Knoller in running a dogfighting ring. The judge, who
sealed the bulk of the case after prosecutors said it would hinder
their investigation, agreed to release the prisoners' search
warrant after it was leaked Monday to KPIX-TV in San Francisco.
The warrant also says prosecutors were investigating whether the
couple was having sex with dogs. Prosecutors declined comment on
whether bestiality is relevant to the Whipple investigation.
However, sex acts with animals are misdemeanors in California.
The search warrant seeks "any materials or correspondence
describing sexual acts by Noel or Knoller that involve dogs."
Noel and Knoller did not return messages seeking comment.
It is not known whether authorities obtained information
regarding bestiality or other evidence that might support a
prosecution in connection to Whipple's death. That information is
sealed even to prosecutors, and the judge will hold a hearing
Thursday on releasing it to District Attorney Terence Hallinan's
office.
Even if the seized materials are released to prosecutors, a gag
order prohibits them from publicly discussing evidence discovered
in any search related to the case. The news organizations were
unsuccessful Wednesday in their attempts to get the judge to lift
that order.
The reason prosecutors have not been given evidence seized from
the Crescent City prison is based on attorney-client privilege.
Noel is Schneider's attorney. The privilege, however, is nullified
when an attorney and client are accused of engaging in a crime
together.
The couple have said they will file a defamation lawsuit against
the state Department of Corrections. They said the department was
incorrect when it told reporters the two inmates were running a
dogfighting ring.
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