US Judge throws out murder conviction on dogowner

A San Francisco judge has thrown out a murder conviction against the owner of a dog that mauled a neighbour to death.

But the judge has let stand manslaughter convictions against the owner and her husband.

Superior Court Judge James Warren says Marjorie Knoller and Robert Noel are "the most despised couple in this city."

But he added the evidence did not support a murder conviction because Knoller had no way of knowing her dogs would kill someone when she left her apartment that day.

Knoller and Noel, both lawyers, were arrested after their two huge presa canario dogs pounced on 33-year-old college lacrosse coach Diane Whipple outside her apartment door in January 2001, as she carried groceries home.

Knoller, who was with the dogs at the time of the attack, was convicted in March of second-degree murder. She also was found guilty, along with her husband, of manslaughter and having a mischievous dog that killed someone.

Knoller, 46, could have faced 15 years to life in prison on the murder conviction. She and Noel, 60, now face up to four years on the other convictions.

Judge Warren threw out the murder conviction despite saying he did not believe much of Knoller's testimony, and that both Knoller and Noel acted terribly in the days following the attack. He said they were cavalier about Ms Whipple's death, and even blamed the dead woman in interviews.

"Their conduct from the time that they got the dogs to the weeks after Diane Whipple's death was despicable," the judge said.

Knoller and Noel went on the offensive almost immediately after the attack, granting numerous interviews. They hired and fired lawyers, who warned them their public comments were hurting their case.