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SAN FRANCISCO
(AP)
A woman convicted of second-degree murder in the dog mauling death of her neighbor has hired a new attorney and requested that her sentencing be delayed. Appeals specialist Dennis Riordan on Monday filed a motion to represent Marjorie Knoller and asked Judge James Warren to postpone her May 10 sentencing hearing. Riordan also wants the judge to extend the deadline for requesting a new trial until June 8, so he can review the case. A hearing on the delay motion was set for Friday. Marjorie Knoller, 46, faces 15 years to life in prison in the death of Diane Whipple, 33, who was fatally mauled on Jan. 26, 2001, outside her apartment. Knoller's husband, Robert Noel, 60, was found guilty of manslaughter and having a mischievous dog that killed someone. He faces up to four years in prison. Riordan's motion claims the prosecution's case was "novel and untested," and urges Warren to carefully examine the evidence and the law before Knoller is sentenced. "A conviction for second-degree murder arising from a dog mauling death is unprecedented in this state," the motion read. "This is an extraordinarily serious and tragic case." Riordan replaces trial lawyer Nedra Ruiz, whose dramatic style and out-of-court comments got her into trouble with the judge. Ruiz's courtroom antics – at one point she got on her hands and knees in imitation of a dog – were also questioned by some legal experts. Ruiz did not immediately return calls for comment Tuesday.
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