By Rochelle Steinhaus
Court TV
(Court TV) A San Francisco judge who will sentence a couple convicted in the fatal dog mauling of their neighbor put off their sentencing Friday to consider the defense's motion for a new trial.
Judge James Warren continued the sentencing of married lawyers Marjorie Knoller and Robert Noel until June 17 and apologized to the victim's domestic partner for the delay.
"This is a case of first impression in California never been another one like it and I'm not going to rush it," Warren said.
The San Francisco judge's comments came after a hearing in which attorneys on both sides presented arguments over the defendants' request for a new trial.
 | | Victim Diane Whipple |
Knoller was convicted of second-degree murder and manslaughter and Noel of manslaughter for the Jan. 26, 2001, mauling of their neighbor, Diane Whipple, by the couple's two Presa Canarios. It marked the first time a defendant was convicted of murder in California in connection with a dog mauling.
In the event a retrial is denied, Knoller faces a mandatory sentence of 15 years to life in prison. Noel, however, faces a maximum of four years but the judge has the discretion to hand out a lighter term or even probation in lieu of prison time. Noel's lawyers argued during the trial that he should not have been held responsible because he was not there at the time of the attack.
Whipple, a 33-year-old college lacrosse coach, was mauled to death by the couple's dogs as she was entering her apartment located down the hall from the couple's.
In a motion filed by Knoller's lawyer, Dennis Riordan, the defense claims that there was insufficient evidence to convict Knoller of murder. They also contended that a defendant cannot be convicted of murder and manslaughter for the same act, and asked that the murder conviction be reversed.
But prosecutors responded that they did indeed prove what is legally necessary to win a murder conviction, and argued that even if a defendant can not be convicted of both charges, the law dictates that the more serious charge stand.
Lawyers on both sides also addressed issues relating to the trial, including the contention that Knoller was denied her right to counsel when Warren admonished trial defense lawyer Nedra Ruiz for objecting during the prosecution's closing argument. Riordan told Warren that he respectfully objected to the judge telling Ruiz that if she were to object she would be doing it "from a holding cell."
Citing 50 pages of documents that he just received Thursday and hours of oral arguments presented Friday morning, Warren said he simply needed more time to render a fair decision and apologized to Whipple's domestic partner, Sharon Smith, for the delay.
"I wish I could do it today for you," he said to Smith, who sat in the courtroom, "but I can't. It would be unfair to you, it would be unfair to the defendants."
 | | Sharon Smith, the victim's partner, breaks down in tears during Friday's hearing. |
Following the proceeding, Smith said that she appreciated the judge's comments, but admitted that it was disappointing.
"I respect the judge's decision. He's thorough and fair," said Smith, who broke down into tears during one of the hearing's breaks. "That doesn't dismiss the fact that it is very difficult to have to put this off another week or so."
Smith has also been waging a legal battle in civil court, filing a wrongful death suit against the couple for Whipple's death. The civil suit has been considered a groundbreaking case by gay rights groups, after an appeals court reversed a lower court decision that initially denied Smith the right to sue because she was a lesbian partner, not a legal spouse.
The rescheduled sentencing proceeding is slated for June 17 at 12 p.m. ET.
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