Take away the courtroom theatrics, accusations of pressure from the gay community and the outrage of animal lovers.
You still have murder.
That’s the ruling in a California courtroom in the highly publicized dog mauling case — a ruling that has serious implications for owners of dangerous pets.
The second-degree murder conviction of Marjorie Knoller is appropriate and just, as is the involuntary manslaughter conviction of her husband, Robert Noel.
Knoller’s lawyer, Nedra Ruiz is one of the reasons this case is headline news. Her behavior throughout the trial included crawling on the floor, kicking the jury box, crying —and perhaps the most egregious, her accusation that prosecutors were trying to "curry favor with the homosexual and gay folks." The word inappropriate doesn’t go far enough to define her courtroom conduct.
The victim, 33-year-old Diane Whipple did nothing to provoke the ferocious and deadly attack, and her sexual orientation is utterly irrelevant to this case. Testimony showed that Bane, a 120-pound mastiff Canary Island breed, and his housemate Hera were aggressive dogs with a history of intimidating and biting their neighbors. And, therein lies the crux of the issue: Bane and Hera were unruly animals and their owners, Knoller and Noel, were well aware of the risk they assumed in taking these dogs out in public — awareness which translates to liability for the harm caused by their pet’s behavior.
We must remember, however, that we can’t use a one-size-fits-all approach to cases of this sort. Every case is different, just as every animal is different. We can, however, insist that owners of aggressive animals bear more responsibility for the criminal actions of their pets — just as owners of loaded firearms are liable for their misuse — however unintended.
Dog owners should be aware that although this California ruling has little bearing on cases in our state, society’s expectations are running toward holding owners of potentially vicious animals responsible for maintaining these pets in an environment that assures the safety of innocent people.
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