October 4, 2023 • 53 mins
Diane Whipple was returning to her Pacific Heights apartment in San Francisco, California in 2001 when she was attacked by her neighbors' dog, a large Presa Canario. After her death, the owners, Marjorie Knoller and Robert Noel, were charged with second-degree murder and manslaughter, respectively.
Sources for this episode:
SF Gate - 'Dog of death': The horrific killing of Diane Whipple in San Francisco
Dog Bite Law - The Diane Whipple Case
ABC 7 News - Parole denied for Marjorie Knoller, convicted in San Francisco's notorious 2001 dog-mauling death of Diane Whipple
ABC News - Killer Dog's Owner Blames Victim
Daily Mail - San Francisco attorney whose dogs mauled her neighbor to death in 2001 is denied parole after being jailed for life for murder
Rolling Stone - Mad Dogs & Lawyers
SF IST - Woman Convicted in Notorious SF Dog-Mauling Murder Case Gets Denied Parole
Wikipedia - List of people from San Francisco
Wikipedia - San Francisco
FindAGrave - Diane Alexis Whipple
Sources for this episode:
SF Gate - 'Dog of death': The horrific killing of Diane Whipple in San Francisco
Dog Bite Law - The Diane Whipple Case
ABC 7 News - Parole denied for Marjorie Knoller, convicted in San Francisco's notorious 2001 dog-mauling death of Diane Whipple
ABC News - Killer Dog's Owner Blames Victim
Daily Mail - San Francisco attorney whose dogs mauled her neighbor to death in 2001 is denied parole after being jailed for life for murder
Rolling Stone - Mad Dogs & Lawyers
SF IST - Woman Convicted in Notorious SF Dog-Mauling Murder Case Gets Denied Parole
Wikipedia - List of people from San Francisco
Wikipedia - San Francisco
FindAGrave - Diane Alexis Whipple
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:00):
Welcome to Crime on My Coffee.This podcast contains graphic descriptions and adult content
mature audiences only. Please Hi,y'all, and welcome to Crime with My
(00:31):
Coffee. I'm your fabulous hostess withthe Mostess, June, and I'm Suzanne.
We're gonna tell you some stories you'veheard, some of you haven't,
and some you'll wish you hadn't,all with a Texas twang. All right,
Well, welcome back, guys,welcome back. Go glad you're here.
Glad you could join us, absolutely, And if you're here for the
(00:52):
first time, go back and juststart somewhere and listen to everything. But
if you've been here the whole time, we thank you, We appreciate it,
we love it, we love you. Yes, Well, what is
in your mug this week, madam? Well, in my mug, I'm
actually don't have a mug because Idon't know what it was this morning.
(01:15):
When I got up, I waslike coffee, coffee, coffee, coffee,
so I had three cups of coffeeand now I actually am drinking a
Java Monster the Loca mocha and it'snot even ten o'clock in the morning.
I was gonna say y'all were recordingin a slightly different time than we normally
the same day, just a slightlydifferent time, a little bit earlier than
(01:37):
normal. It's not it's like teno'clock almost maybe almost ten o'clock. What
the heck? Woman, I know, I don't know what it was.
I was like, I don't wantanother coffee, and so my husband got
up and he's like, oh,I want a monster and I'm like,
oh, me too. So hebrought it and so that's what I'm drinking
already. I'm like, oh mygod, what is wrong with me today?
(02:00):
Maybe it's because I know cooler weatherwill be here eventually, That's what
I'm thinking. That's what they keepsaying. But it was one hundred degrees
yesterday, so you know, Iknow, I know, so see,
But what is in your mug today? In my mug, I am drinking
the army of dark chocolates, myregular coffee because we spent some time out
(02:23):
of town last week and we triedlots of different coffees. Yeah, and
so I missed my coffee and sothat's what I'm drinking this week. But
next week's episode, I already havemy coffee from where we went, has
been delivered and it has a riseso so so here in that I will
(02:46):
wait on mine then, because yes, I got coffee from there too,
Yes, and we will. Iwill have my coffee. You can have
your coffee, and then the nextepisode will switch because we share our coffee.
True, so I will Yeah,well, we'll have different coffee next
time. I'm excited. Feels sogood anyway, but does But aside from
(03:12):
all the coffee talk, I dohave a case for us this week.
Oh, I'm excited. So wetook a trip to San Francisco, California.
Like oh, personally, we physicallygot on an airplane at dark o'clock
in the morning and flew from Texasto California, hung out in San Francisco
(03:32):
for a few days, and thengot on a plane in the afternoon and
flew back to Texas. It wasso much fun. We've seen so much
stuff, We did so many things. It was amazing. It was Well,
we'll make a Patreon episode about ourtrips to San Francisco, and we'll
(03:53):
put that out on Patreon within thenext couple of weeks. Yea. But
because we went to San Francisco,I have been doing some research on several
cases in San Francisco, got somepictures and all that to go with these
cases. This case I did notget pictures of anything for necessarily, this
case is going to take us toSan Francisco, California. Woo, our
(04:17):
little baby geography lesson here, becauseI know we've been to San Francisco several
times. We're getting ready to goa couple of more. San Francisco is
the commercial, financial, and culturalcenter of Northern California. It is the
fourth most populous city in California,and it houses the headquarters of big,
huge companies like Wells, Fargo,Levi's Uber, Airbnb, Twitter that is
(04:45):
now x and not Twitter anymore.Yeah, it makes no sense, among
several others. It is the fifthmost visited city in the US. I
see why, though, I absolutelydo, and I do want to mention
you were talking about big companies fromthere. I was shocked, for whatever
reason, that Garidelli actually is based. It is a San Francisco chocolate,
(05:14):
which I thought Garidelli it just soundsI don't know, French or something,
you know, and it's really goodchocolate. So we did see the sign.
The one thing we didn't see inSan Francisco, though, was Rice
a Roni? You know what?Yeah, but I mean we really didn't
go to any grocery stores. Wedidn't, so but we can find Rosserni
(05:41):
here at home. That's fine.I saw but I saw a box yesterday
at the grocery store and I almostgrabbed it just so I could take it
to the post office Monday and mailit to your husband and be like,
look, we thought of you whilewe were in San Francisco. Yeah,
but I didn't. Anyway, weare going to talk about a place in
the Pacific Heights neighborhood. Pacific Heightsis an affluent neighborhood that features homes built
(06:04):
after the nineteen oh six earthquake thatcompletely devastated San Francisco, and it's really
popular with only young professionals now.The Pacific Heights neighborhood was actually just a
couple of blocks away from where westayed. It almost kind of neighbored it
sweet. The population in two thousandwas about seven hundred and seventy seven thousand
(06:27):
people. Wow. And the populationin two ten was about eight hundred and
five thousand people. Oh my god. I just want to mention a couple
of people from San Francisco. Okay. Steve Jobs, the co founder of
Apple. I want to mention himbecause while we were there, we saw
people in line at the stores waitingto get the newest iPhone releases or Gap.
(06:51):
They were definitely waiting in line forsomething and I was them. Lines
were long. They were Nax Levchin, Peter Deal. They are the co
founders of PayPal, Wow, TomHanks, Robin Williams, Sweet, couple
(07:14):
of bands Journey, Metallica and GratefulDead, Nice. And one more person
I wanted to mention is Abigail Folger. She was the Folgers coffee heiress and
she was a victim of the Tatemurders. Thanks Manson, you freaking jerky.
Yeah, that's all for our geographylessons. That's that's sweet. That's
(07:35):
sweet. So we're going to talkabout a young woman named Diane Whipple.
She was born January thirty first,nineteen sixty seven, and she was raised
on the East Coast of the US. She was born in Princeton, New
Jersey, but she called Manassett Manhasset, New York on Long Island her hometown.
(07:59):
Okay, yea. She was raisedprimarily by her grandparents and By all
accounts, she was an accomplished athlete, which became apparent pretty early on in
her life. Lacrosse became her sportof choice. She was a two time
All American in lacrosse. In highschool. She played for Penn State and
(08:20):
twice she made the US Women's LacrosseWorld Cup team. Oh wow, that's
awesome. She's kicking ass and takingnames. Yeah, she is. In
her mid twenties. She had aboutwith cancer, but from everything that I
could glean from what I was readingand such, she kicked its ass because
(08:43):
she's awesome in amazing. Yeah.She moved to San Francisco, and around
the age of twenty nine or so, she became or She came within just
seconds of qualifying for the nineteen ninetysix Olympic Games in at Lanta, Georgia,
in the eight hundred meter dash.Wow. She was a little cross
(09:05):
coach at Saint Mary's College in Moraga. One of her players was quoted as
saying, we were the bad newsBears when she came here, but she
made us a team. Nice,very nice. In mid January of two
thousand and one, she ended up. You know, she went out,
she ran a marathon and Then,on January twenty sixth of two thousand and
(09:26):
one, just five days before herthirty fourth birthday, Diane was coming home
to her apartment building there in PacificHeights in San Francisco. She had picked
up the most delicious ingredients from thegrocery store. She and her live partner,
Kristen not her real name, bythe way. Okay, they were
(09:50):
having tacos for dinner. Sweet,I know I told you the most delicious
ingredients for dinner. I'm just sayingI had the most delicious ingredients in my
dinner last night. Yes, rude, I'm gonna have to go make tacos
now. They were so good.Sounds delicious? Yes, Well, Diane
(10:16):
is heading to her door from herelevator and her neighbor, Marjorie Noler was
working on dropping a bag of dogpoop into the trash shoot after taking one
of her dogs named Bain up tothe roof to go potty. Now,
Bain was one of two dogs thatNoler and her husband Robert Noel or Noel,
(10:39):
I don't know. I'll probably pronounceit both ways throughout this story here
were they were either fostering them orthey were owners of them. It's a
little murky. We'll get into thestory of that in a little bit and
you'll understand why it's kind of confusing. But that's when Noler lost control roll
(11:00):
of Baine and he attacked Diane.Oh no, what kind of dog is
this? Is he a big dog? He is a big dog. He
is a Presso Canario. And tome, I've seen pictures of them.
Yeah, we'll get into the historyof the the Canarios in a little bit.
But to me, because I googledit, because I had never heard
(11:22):
of this breed either, they lookvery similar to like the Kane Corsos.
Yeah, I don't know what thatis either. How do you not know
what those are? They are justdogs? I probably probably you probably do.
No, you know, we'll probablydo. I'm gonna look at a
picture while you continue on. Okay, okay, anyway, Yeah, No,
(11:46):
Bain was about one hundred and thirtypounds. I mean he was a
big dog out, Yeah, heis. People in the surrounding apartments reported
that they heard this attack take placeand that it took about twenty minutes,
or that it about twenty minutes,but they didn't go out to help.
This is a huge dog. Yeah, but I do know that for sure.
(12:09):
At least one of the neighbors callednine one one. Oh. Wow,
police showed up, and the scenewas horrific. Diane was laying there
in the go ahead, well,I was gonna say. So this happened
on the roof or inside the building, inside the building, in the hallway,
Okay. Diane got off the elevatorgoing in, going to her apartment.
(12:33):
Her apartment was right next door tothe apartment that these dogs lived in.
Okay, So they were literally neighborsin this apartment, not just neighbors
in the sense that they live inthe same apartment building. Neighbors as in
they share walls. Okay, Okay, so the police show up. The
scene is gruesome. Diane was layingthere naked, covered in blood. There
(12:56):
was blood all over the walls.It extended four feet up the walls and
thirty feet down the hallway. Wow. Was she a nudist? She goes
shopping nude? No, No,we'll get to why. I mentioned that
a little bit later on. Okay. There was bits of cloth, bits
(13:18):
of her clothing all over the floor. They found Baine locked up in the
bathroom in Nohler's apartment, and Ido believe Harrah, which was his mate,
the other dog that they had inthis apartment, was kind of running
loose in the hallways or whatever.There wasn't really anything that they could do
for Diane. She she did,unfortunately pass away later that night at the
(13:41):
hospital. Her autopsy report would revealthat she suffered seventy seven bite wounds.
Oh my god, vicious, themedical examiner said. The only place on
her body that didn't have any woundswere her scalp and the soles of her
feet. Oh my goodness. Nowlet's talk about her neighbors for a minute,
(14:09):
okay, and how they came toget these dogs. Yeah, huge
horses. Now, Harrow was notas big as Baine. I think Harrow
was only like a hundred pounds.But still one hundred pounds is big for
a dog, I feel. Imean, can't see me pointing at my
(14:30):
dog. He is about ninety pounds, is he really? Because he's like
he really is size is my dog? And she is fat, she's between
ninety and one hundred pounds. Infact, Before I take him to get
his before I go to give himhis heartword medication, next or this month,
I need to take him to thevet and have him weighed to make
sure that it's it's still still he'sstill within the weight for what I have.
(14:54):
Well, I wouldn't have guessed that. I mean, I would ext
he weighed the same as my dog, which is seventy five. He's between
ninety and one hundred pounds. Wowwow, Okay, Yeah, he's a
big boy. But he's no,he's not. But okay. Anyway,
So Robert Noel and Marjorie Nohler wereboth attorneys. Oh wow, Okay they
(15:22):
had as of this attack, theyhad recently been working out of their apartment
doing their own practice. Okay.They were both on their third marriage.
Noel had been married to his firstwife for twenty three years when he divorced
her in nineteen eighty six. Wow. He grew up in Baltimore, went
(15:46):
to the University of Maryland, wentto law school, and in nineteen eighty
he and his family moved out westso that he could become an assistant US
attorney in San Diego. Then heslid on over into corporate law. After
his divorce, he moved to SanFrancisco. There he married and subsequently divorced
(16:07):
a legal secretary before he met MarjorieNoeler now Marjorie grew up in Brooklyn and
wanted to become an FBI agent whenshe grew up, she didn't know she
ended up going to law school.She met Noel when she was a thirty
two year old divorced law school graduate. She was just starting her career at
(16:30):
the firm that Noel worked at,and they went to lunch one day and
evidently they hit it off and sparkswere flying, because they moved in together
just a week later. Oh wow, okay, yeah, like boom done.
In May of nineteen eighty eight,they both resigned from this firm and
they began to take on more probono work. Okay. In nineteen ninety
(16:52):
four, they got a case thatthey called interesting, which would end up
changing their lives. Their new clientwas a guard at Pelican Bay State Prison.
Pelican Bay State Prison is located innorthwest California. It's up kind of
close to the border of Oregon andlike the coast, so it's I mean,
(17:17):
it's like really close. But therehad been a bunch of complaints from
the inmates at this particular prison,which had only recently opened. It opened
in nineteen eighty nine, so itwas a fairly new prison in nineteen ninety
four. But there had been awhole lot of complaints coming from the inmates
in this prison about brutality and crueland unusual punishment from coming from the guards
(17:40):
towards the inmates, basically saying,you know, the step these guards are
doing, it's torturous, like they'rebasically torturing us. They ended up filing
a lawsuit against the prison or thestate, I don't really remember which one
it was. But during this lawsuit, this particular guard, which I am
not going to name, he didgo against the grain and he testified for
(18:03):
the inmates, backing up their claims, saying, no, yeah, these
guards are being it's wrong. Youknow, these guards are not good people.
The inmates did win their lawsuit,and this present did clean up their
act according to everything that I've read, you know, they went through cleaned
house, made sure you know they'rethey're not completely treating these these inmates like
(18:26):
they're less than human or anything.And but this guard that testified for the
inmates backing up their claims, hewas now being harassed for breaking ranks.
So he files a lawsuit and Noeland Noeler take up his cause. They
become his attorneys. They they theyjumped at this chance to represent him in
(18:52):
the lawsuit that he filed against theCalifornia Department of Corrections. Okay, Unfortunately
he would lose his lawsuit and heand he did end up hanging himself afterwards.
Oh no, but this led themto take on another guard as a
client. This guard had been accusedof colluding with the Aryan Brotherhood to set
(19:19):
up a child molluster for beatings andmurder. This guard. Yeah, this
guard was eventually found guilty and oneof the inmates that they called as a
witness was later murdered. There wasanother inmate that testified in this particular case.
His name was John Cornfed Schneider.We're not going to use his nickname.
(19:44):
I just mentioned it because I don'tknow why his nickname wouldn't be Cornfed,
because he comes from California, andhe was not one of the cornfed
Midwest boys that are huge and gigantic. That eeas, that's funny, because
that's when you said, that's whatI thought. I thought, big old,
big old bubba dude. Nope,that's funny. Not from the pictures
(20:07):
I saw, well, maybe theywere just being mean to him. Then
probably not because it we'll get tothat. Let's say that. Okay,
Okay, So now let's talk aboutSchneider. Okay. Schneider was born in
nineteen sixty two. He grew upin Cerritos, California, with his two
younger sisters, his mom, andhis stepdad. His stepdad was a retired
(20:30):
Air Force officer. Schneider described hischildhood as a happy one. He said,
you know, good childhood. Stepdadwas great, he was awesome.
Oh yeah, I've always loved dogs. In fact, when I was sixteen,
I got a summer job with acompany out of Los Angeles that specialized
(20:51):
in lending Junkyard protection dogs to smallbusinesses in the area. And so what
I would do is I would transportthe dogs in the evenings to these businesses,
dropped them off, and then thenext morning I would go and I
would pick these dogs up and takethem back to where they lived. Sounds
like a pretty gravy job, That'swhat I'm thinking. In nineteen seventy nine,
(21:12):
he graduated early from high school andthen joined the Air Force. Now,
while he was in the Air Force, he had to spend a week
at a time in an underground bunkerand participate in round the clock drills where
they were told that a nuclear attackwas imminent. They were given five minutes
(21:32):
to scramble the jets, and theywere not told if this was a drill
or if this was the real thinguntil the mission was over. Wow,
this isolation from being in this undergroundbunker for a week at a time,
This intense psychological pressure from not knowingif you're legit being attacked with nuclear weapons
or not. It ended up beinga super awesome, great prep work for
(21:56):
Schneider and it helped his ability towithstand the torturous conditions he would later in
his life experience in the correction system. M Okay one of his sisters,
though she told a very different storyabout their childhood. She said their home
(22:18):
was more like a prison and theirstepdad was like the warden. He would
wake the kids up randomly in themiddle of the night and make them go
scrub the pots in the kitchen,or he would wake them up in the
middle of the night and make themgo scrub the floors in the bathroom with
toothbrushes. She said she remembers herfirst beating from her stepdad when she was
about eight years old. Oh no. And it was a couple of years
after that that he started to sexuallyabuse her. Oh my god. She
(22:42):
said that her brother Schneider stood upto this guy, you know, because
he was super protective of his sisters. Said that, you know, he
tried to stand up to his stepdad. He's a kid though, you know.
And she said that stepdad would beatthe living snot out of Schneider either
way. That his childhood actually went. Schneider ended up getting kicked out of
(23:03):
the Air Force after a couple ofyears. He they get rid of him
because he was riding some bad checks. Hmm. So they're like, nope,
you gotta go bro right. Soafter that he started working at a
pizza place. He becomes the managerthere. He's managing this pizza place for
a while and then he decides,you know what this night tonight, Yeah,
(23:26):
I'm gonna put on a mask andI'm gonna get a gun and I'm
gonna go rob this pizza place.Wow inside, but yeah, yeah,
and then he stepped up his gameand he robs an armored car. What,
Oh my goodness. Yeah, itwas. It was picking up deposits
(23:47):
from the I want to say,the grocery store that his sister worked at
or something. So he kind ofknew the schedule of this armored truck and
yeah, so he totally wouldn't robbedit too. Oh my god. So
he showed up at his stepdad's housea little bit after these robberies with a
new motorcycle, and so a stepdadstarted thinking, I met Schneider was involved
(24:10):
in these robberies. So Stepdaddy callsthe cops. Wow. And in nineteen
eighty five, at the age oftwenty three, Schneider began his career in
the California Department of Corrections. Ohwow. By July of nineteen eighty seven,
(24:30):
he had earned his way into theAryan Brotherhood. This man was thriving
in prison. He ended up workinghis way through the ranks of the Aryan
Brotherhood until he was one of thetop tier people in this particular gang.
Wow, like he was, hewas up there. He was about it.
(24:52):
Yeah. Well, in nineteen ninety, a few years before Noel and
Noeler would become acquainted with him,Schneider was set to testify in a case
involving another inmate. I don't reallyhave the details on that case itself.
I didn't really look it up,but he made a splash. Nonetheless,
the warden at the time where hewas serving time at had recently instituted some
(25:18):
new anti smuggling ways in his prison, saying, you know, oh my
prison is you know, you can'tget stuff in, you can't get stuff
out, like m my security measuresare lots chef's kiss Okay, And Schneider
was like, dude, bro,it's not as great as you think.
I got something for you. Sohe found a way to smuggle a shank
(25:42):
made out of a soup ladle withhim into courtroom on this day. Oh
my god, and he stabbed thedefense attorney with it. Oh my god.
Now it has never been said exactlyhow the soup ladle shank was smuggled
out of the prison and into thecourtroom or anything like that, but there
(26:04):
have been signs. Oh yeah,there was fecal matter found in the wounds
on this attorney. Yeah, thereyou go. When Schneider was asked why
he did this, you know,he said the bit about showing the warden
you know, you're not as greatas you think you are. Look what
I can do, and they askedhim, you know, well, why
did you attack this attorney? Andhe was like, man, I really
(26:26):
didn't like him. Wow, butI'm just assuming since he attacked the defense
attorney, now this attorney was probablyrepresenting him. No, no, no,
Remember I said he was going totestify in a case involving another kingmate.
Okay, never mind, it wasnot his attorney he was. He
was being called as a witness.Okay, Okay, makes more sense now.
(26:51):
So he ended up being given alife sentence for this particular stunt,
and that's when he was transferred toPelican Bay, which, like I said,
had opened in nineteen eighty nine andhad the torture's prison guards there.
Okay. While he was at PelicanBay, Schneider kept having issues. Dude,
you're in the Arian brotherhood. Idon't think you're a good person.
(27:14):
Yeah, it doesn't surprise me thatyou're having issues or making issues or starting
issues or you are the issues.Yeah, I'm just saying. Anyway,
he eventually was sent to live inthe oscillation unit. After there was he
had a skirmish with a member ofa rival gang. The FBI even said
that they are pretty sure he mastermindedthe murder or the attempted murder of twenty
(27:38):
four people, including the killing ofa cop. Oh my god. Yeah.
Anyway, he ends up in theshoe for a bit and then while
he was there, he came acrossa dog magazine and this made him come
up with the idea of running dogAwar, a kennel that he set up
(28:00):
that is essentially dedicated to breeding,to breeding and raising and selling pressa Canarios.
These big beautiful dogs. Okay,now, Canarios looks like I said
before, they look super similar tothe Kane Corsos to my personal untrained dog
(28:22):
eye here. They were originally bredfor guarding and herding in the Canary Islands
in the nineteen fifties. The breedwas super close to extinc extinction, but
it was brought back when they startedto mix it with masstiffs and other large
breed dogs. They were introduced intothe United States in nineteen ninety and they
(28:45):
were used generally as fighting dogs.I can see it now. Schneider eventually
was able to obtain ownership of Baineand Harrah. He had had some outside
contacts that he and his cell matewere using and talking to to in order
(29:06):
to buy these dogs. And thenother people were keeping these dogs for them
and breeding them for them, andraising and selling the puppies, and they're
all splitting these dollars from all ofthis amongst them. So the Kintle that
he got Baine from, they endedup being sent to this lady that had
a small little farm there in California, and she was keeping Baine and Harrah.
(29:29):
But they Baine kept attacking her.I want to say it was sheep.
It might have been goats. Shehad cheper goats on her farm,
and Bain and kept kept attacking herlivestock. He kept attacking her chickens,
he kept attacking her personal house catpets. Oh wow. And she was
like, these dogs gotta got togo. She's keeping them. Yeah,
(29:52):
she's keeping them chained up in acorner of her farm, which is not
going to be good for the dogsanyway. You know. I've always heard,
especially especially chickens, and I guessit goes for any animal. Once
a dog attacks a chicken or whateverand kills a chicken, they get that
taste and they'll never stop never.That's what I've always heard. So if
(30:18):
he's attacking goats or sheep or whatever, and chickens and everything else. He's
not gonna stop. He is avery aggressive, aggressive dog. So I
don't think I can agree with that, though not the aggressive part. I
think he is an aggressive dog himnot to breed him, right, But
but the whole you know, attackingan animal or whatever and then getting that
(30:41):
taste for it. I don't necessarilythink I can buy into that because there
are dogs that lives start guardian dogsthat they are out there living with the
goats and the chickens and all ofthat, and they're keeping them safe and
protecting them. But they are killingthe coyotes and the wolves and such that
are coming after the live stock,right, But that's more predatorial type killing.
(31:07):
That's the only thing I believe it. They still have the tape,
they still have the blood taste.So but I'm just saying I don't know
that I believe that. I don'tknow. I could be wrong. I've
never looked into it one way orthe other. That's just my thoughts.
Okay, I'm not a dog experthere me neither. I just know how
to spoil them. They're so cute. I just want to touch them them
(31:30):
and you know, get all thedoggie breath and yeah, yeah, me
too. Well, like I saidthis, this lady said, you know
that that Bain was attacking her livestock, and she's got him locked up,
you know, chained up in acorner of her her farm. And
she's like, he's got to go. These dogs have to go. So
(31:51):
enter Noler and Noel. Okay.They had had some contact with with Schneider
by this point, and they gotto talk into it, and Schneider's like,
you know, hey, I needyou to get rid of you know,
these dogs need to leave her place. Whether you take them, you
know, my friends take them,my family takes them, my cellmates family
and friends take them, whatever,Because I want to say, they were
(32:12):
like almost ten dogs that were hereat the farm at this time, and
from my understanding, Bain Bain mighthave been the only one that was actually
chained up, and might have beenBain and Harrah, but I know for
sure Bain was chained up. Okay. And so the Noler and Nol they
get these dogs and they disperse themamongst Schneider's family and friends and his cellmates
(32:37):
family and friends, and they keepHarrah, who had developed some heart problems,
so they take her. I wantto say, around March or April
of two thousand and then later thatyear, around September or so, they
ended up taking on Bain as well. Okay, well, four days after
Bain moved in with them, hegot into a fight at the beach with
(33:01):
another dog and nearly took off Noel'sfinger. Oh my god. These two
dogs scared people in the building andin the general neighborhood. There were claims
that during the several months that thesedogs lived in that apartment building, that
they attacked at least three other dogs, nearly killing a German shepherd. Well,
(33:24):
and that's not going to be aneasy feat either, No, no,
not at all, not at all. Well, and so, now
do we know how old these dogs, Baine and Hair were when they went
to the lady at the farm,Like, what kind of upbringing did they
have before that? I don't know. I don't know. I don't really
(33:47):
know how old they were. Okay, but we'll get into some of their
raising, Okay, Okay, ina minute, We're almost to that point.
Okay, Okay, Yeah, I'mvery curious because I feel, no
matter what the breed of dog is, the way you raise it or lack
(34:09):
of raising yes, or lack ofraising is how that dog acts. For
the most part, I do believethat there are some dogs, just like
there are some people that are justborn more aggressive. True, it's it's
just it just is what it is. Yes, I don't think it's necessarily
(34:30):
specific to any breed. I justlike it's not you know, with people,
some people I think are just bornbad. And I think it's like
that with with animals too. Imean, have you met my cat?
I agree, but he's so cute. He's cute, but he's evil.
(34:52):
Well, these two dogs, theyhad a reputation in the general area as
being a menace. One neighbor saidthat she had act really bought some pepper
spray to protect herself from these dogs. Wow. Other people that had dogs
that lived there in this building,they said they started to change their schedule
and their dogs schedule so that theywould not have to encounter these dogs while
(35:15):
they were taking their own dogs out, because these dogs would lunge at them,
they would lunge at their pets.Wow. And people said that Noel
and Nolan had trouble controlling these dogs. I mean, like I said,
Baine was about one hundred and thirtypounds, and I want to say Harro
was like a hundred, yeah,right around a hundred. They're they're big
dogs, yeah, I mean absolutelyhuge dogs. Well, Noel was generally
(35:40):
the one that would take Baine outbecause he was the man and so he
was a little bit larger and sohe could control Baine a little bit better.
Right anyway, Well, Diane toldher partner Kristen about a month before
her death that Bain had snapped ather and that the only thing that saved
her was this huge sports watch thatshe wore on her wrist. She said,
(36:06):
otherwise it would have been so muchworse and he could have, you
know, taken my hand off.And it was said that she was after
this incident, she was way morenervous about these dogs, about being around
these dogs, and it was saidthat she would start opening her door to
her apartment and peeking out into thehallway to see if these dogs were out
there before she would ever step intothe hallway. Yeah, I mean,
(36:30):
if if she's out and about withher partner Kristen and these dogs come around
the corner or whatever. They saidthat she would take Kristen and physically put
her between the dogs and Diane herself, wow, because she was terrified of
these dogs. Well, after Dianewas attacked, Noler told the authorities that
(36:51):
her dogs had been kind of sickthe past few days and Baine really really
needed to go potty since he hadbeen sick, she could she didn't really
feel that she could wait for herhusband to get home in like an hour
or so to take him out,so she took him up to the roof
to go potty, okay, Andshe said, you know, when she
(37:14):
came back down to their apartment,she's getting ready to put Baine in the
apartment, but she's got to throwthis this waist away first. And that's
when Diane came off the elevator andBaine became interested in Diane and started dragging
Nolan down the hallway. She saidthat Bane got a little aggressive, kind
(37:36):
of barking and nipping at her,and you know, nothing, nothing major,
And so Noler kind of got inbetween the two of them, and
Bang got kind of pissy about that, and he became even more aggressive,
and and Diane is going, youknow, hey, get off of me.
She's freaking out. She's got Noleron top of her, and she's
got this dog coming at her,and she said that Diane accidentally smacked Nler
(38:00):
in the eye, and that's whenBaine completely lost his mind and had to
protect his mama and and Nolan knewthere was nothing else she could do for
Diane. Okay, I know thatthey are very loyal dogs to their dog
parents or whatever. Right now.Baine was immediately put down after this attack.
(38:25):
Okay, Yeah, Harra was seizedpinning a dangerous dog hearing. There
was no proof that Harrah actually participatedin this attack, but there was actually
no evidence that said that she didn'teither, So it was it was kind
of you know, maybe maybe not. No nobody really knew for sure,
(38:49):
Okay, they would eventually have thishearing. Harro would eventually be put down
the following January. Wow. Soa year later, a few days after
Diane was killed, the cops foundout that Noel and Nolan had officially adopted
Schneider. What. Yeah, Now, I did read that he was adopted
(39:15):
shortly before the attack, but I'vealso read that he was adopted shortly after
the attack. He's a grown man, I understand that. And when in
fact, when this came to lightand the public heard about it, they
were freaking out and they were Noeland Noel. Noel was asked about this
and he said, and I quote, you don't have to change diapers or
(39:38):
worry about the sheriff bringing him homeat fourteen for underage drinking at eleven o'clock.
You'll know where he is. Endquote. You know, for whatever
reason you're talking about, this remindsme of another story. And I don't
know why I can't think of it. Maybe because I'm thinking about these dogs
(40:00):
or whatever that it's almost the samething that, you know, somebody adopted
somebody maybe in prison, maybe havinga bad time or whatever that was an
adult. I but I just can'tthink of what it is. I'll you'll
(40:22):
have to figure it out and letYes, absolutely, but I believe it
was female. It was not male. It was a female. Oh gota,
yeah, I'll think I'll think,okay, yeah, eventually. Well,
it was reported that when they startedtalking with Schneider about adopting him that
(40:43):
it was so that they would havesome say in his medical treatment and so
that if anything were to happen tohim while he was in prison, even
though he is never getting out ofprison, but if anything were to happen
to him in prison, they wouldbe able to sue the prison or whoever
caused whatever harm to come to himon his behalf and on behalf of his
(41:05):
estate because they are now his legalparent and his legal next of ken.
Okay. Yeah, anyway, Kristenwould eventually file a wrongful death lawsuit against
Noel and Noeler. They argued thather lawsuit wasn't even really a lawsuit because
she wasn't a surviving spouse and soit shouldn't even make it to the courtroom
(41:27):
steps. You see, at thispoint in time, gay marriage was not
legal in California, Okay, Andso even though Diane and Kristen had been
holding out hope that one day itwould be legal and one day they could
get married, at this point intime, when Diane was killed, they
(41:49):
were unable to. And the judgethat heard this lawsuit said, yeah,
it's not her fault that she wasn'tmarried, So no, I totally find
she has valid claim on this.Okay, good, And the case was
eventually settled with a confidentiality clause,although I did read in a couple of
(42:10):
different places that she was awarded onepoint five million dollars and she used part
of that to start a scholarship fundin Diane's name. Nice her mother,
Diane's mother, would also file awrongful death lawsuit. Her suit, too,
was found to have merit and wassettled with a confidentiality clause. I
(42:34):
have never seen anywhere any numbers reportedon what her mother received. Noel and
Noeler would both eventually be arrested andcharged in the death of Diane Whipple.
Okay, Noel was charged with manslaughtersince he wasn't present at the time of
the attack. He wasn't even home, and Noeler was charged with second degree
(42:58):
murder. They did end up gettinga change of venue. It was,
you know, granted, they movedthe trial down to Los Angeles, and
that's where the trial was held whenit started. Now they were tried at
the same time. So when itstarted, there was a vet that had
checked out the dogs when they livedon that small farm, and he went
(43:19):
up onto the stand and he testifiedthat after he had checked out the dogs,
I want to say, he wasgiving them their vaccinations or something like
that, that he left and hewent back to his home or his office
or whatever, and he did somethingthat he had never ever ever done before.
He sat down and he wrote aletter to Noler because he knew that's
where the dogs were going. Andhe said in this letter that Baine was
(43:44):
unsafe to handle like completely. Hefelt that these dogs had the potential of
being very serious risks. And hesaid he had never, like I said,
never written a letter like this before, but he was convinced that it
was the potential for them to causeserious, serious injury was so great that
he his conscience wouldn't let him notsay something right. He said that you
(44:09):
know, they would be a liabilityin any household regardless of where they were.
Their defense attorney, Yeah, theirdefense attorney was a jerk face.
Basically, the defense attorney just dida whole bunch of victim blaming, victim
blaming, terrible. Yeah. TheyThe defense attorney even asked the paramedics,
(44:32):
hey, did y'all spend too muchtime trying to chase down Harrah and get
her locked back up instead of attendingto Diane's injuries and that's why she didn't
survive. And the medical examiner goton the stand and he was like,
no, her injuries were so greatand so severe that no matter who showed
up when they did, there wasno hope for her. There just was
(44:54):
no hope for her period. Endof story. As thing to do with
any of that, like your crazydefense attorney, quit being a jerk face.
Yeah, it came to light thatthe cops had found a book at
their apartment that was basically a trainingmanual to teach owners how to nurture viciousness
(45:17):
into their dogs. Okay, Inparticular, it references a way to use
a cloth rope, like let's sayyou take a shirt or something and you
tie knots into it or whatever.There's a way to use that to help
make sure your dogs get a littlemore vicious with the tearing of the cloth
and stuff like that, which iswhy they think that that is why Bane
(45:43):
ripped off all of Diane's clothing,because he had been taught how to rip
this these these cloths to shreds inhis attacks. Wow. Yeah, the
jury heard of at least thirty instancesof where these dogs were being aggressive from
(46:06):
different witnesses. Once a trial concludedand it was handed over to the jury,
they went back. They deliberated forabout eleven hours and came back and
said guilty on all charges. Thereyou go yep. Well, the judge
said, mmmmmm, no, We'regonna go guilty on manslaughter for both of
them because I don't think it risesto murder charges for Noeler here. I
(46:31):
mean, I kind of get that. I kind of get that because Noeler
wasn't setting out to do this.I mean, that's why I understand that.
(46:52):
That's why it was a second degreemurder charge because from from what I
read. I didn't write it downin my notes here, but what I
read was second degree murder is malicemurder. It is she It's not that
she set out with the intention tokill her neighbor, but she knew that
her dogs possibly could right, andshe did not keep control of said dog
(47:15):
or dogs. And so that iswhy the state felt that it rose to
second degree murder instead of just manslaughter. But the judge is like, no,
just manslaughter. Noel and Noel areboth were sentenced to four years in
prison. M of course, thestate is appealing and they say, no,
it rises to the level of seconddegree murder. I don't care what
(47:37):
this judge said. I'm appealing this. So they appeal it, it goes
to the Supreme Court. I wantto say the State Supreme Court. I
don't think it went to the SupremeSupreme Court. I think it just went
to the state Supreme Court, okay. And the State Supreme Court said yeah,
no, okay, So we'll getto that. We'll get to that
in a minute, okay. SoNoel was released from prison in September of
(48:00):
two thousand three. Okay. Noelerwas released from prison in January of two
thousand and four. In January oftwo thousand and seven, Noeler resigned from
the California State bar and the nextmonth, in February, noel was disbarred.
And like I said, the prosecutionwas appealing her second degree murder conviction,
and they did eventually get it reinstatedthe Supreme Court. Like I said,
(48:24):
I think it was the state SupremeCourt, not the big, you
know, country Supreme Court. Theysaid no, no, yeah, we
totally agree that it rises to andmeets the threshold for second degree murder.
So she was then sentenced to fifteento life. In twenty eighteen, noel
(48:45):
passed away in a nursing home onhis seventy seventh birthday to due to heart
failure. Noeler is still in prison. She was originally up for parole in
two thousand nineteen, but it wasdenied due to her disciplinary record in prison,
which included the fact that she hadin twenty sixteen bitten a prison guard.
(49:10):
Okay, she is currently not upfor pearl again until twenty twenty six
This was the first case where anowner was convicted was convicted of murder in
the United States due to the actionsof their dog. And that is my
case. Wow, wow, justwow. I am implay just blown away.
(49:39):
This was so crazy, so yeah, just so crazy. So many
twists and turns and lefts and rightsand loop deloops and what's wow. Wow,
that's that's absolutely crazy. And therewas a lot that I left out,
(50:04):
like the fact that when when Noelwas walking Baine, he would see
Baine, you know, go towardsthese dogs or try to attack these people,
or these people would come up tohim and say, hey, your
dog bit me or your dog bitmy dog, and he'd be like,
m interesting and carry on. Wow, sounds like these dogs really needed a
(50:25):
muzzle anytime they left their apartment.But I mean, that's that's on the
people right there. You absolutely andand there was somebody else that testified at
the trial that said, you know, yeah, even though Bain was the
prize stud of Dog o' war Kennels, which, by the way, was
eventually shut down. The prison foundout about it and shut it down.
(50:49):
Okay, And and that's how Nolaand Noel ended up with Baine and Harrah.
But this guy said that, youknow, he testified the you know,
Bain was not a pure Canario.He he wasn't he he was a
mix of at least four other breedsthat this particular breeder could see. And
(51:14):
this particular breeder was a breeder ofthe press of Canarios. Okay. And
he said that Bain was not purebread, and Bain had health issues and
Harrah had health issues. And yeah, I think what to bring them back
up to population or whatever they werebred with, like mastiff and stuff like
(51:36):
that. Okay, yeah, yes, But but once that they were brought
back up like that, they said, you know, Baine himself was eat
bread further out than what they didto breed them back into not being an
extinct breed. Okay, okay,Wow, like Bain was intermixed with several
different breeds. Wow, I don'tknow that. It's just absolutely crazy.
(52:06):
Wow, Oh my god, yeah. Yeah, So that's that's my case.
That's what I got for you thisweek. I wasn't happy about the
fact that these dogs were put down. I understand, right, right,
I feel I feel bad for thedogs because I don't feel it was the
dog's fault. I feel that thesedogs were encouraged to be aggressive. I
(52:27):
feel that these dogs were encouraged tobe vicious. They did not have responsible
owners at any point in time intheir lives as far as we know,
so so it just breaks my littleheart, I know, yeah, because
they were just doing what they've beenraised to do, what they were trained
(52:49):
to do, and they didn't knowand what they were always taught was okay,
yeah, yeah, they didn't knowit was wrong. That's yeah.
Wow, that's that's crazy. So, like I said, I understand why
these dogs were euthanized, right,That doesn't mean it makes it easier for
my little dog loving heart. Nope, I get it. I get it.
(53:10):
So wow, but thank you verymuch for Sharon. That was absolutely
something. And if I think ofthe inmate adopted thing or whatever, I
will let you know. I willthink of it. I promise I will.
So Okay, anyway, I guessuntil next time, guys back Nick,
(53:34):
We'll be back next week with anothernew episode until Daniel okay bye,
Welcome to Crime on My Coffee.This podcast contains graphic descriptions and adult content
mature audiences only. Please Hi,y'all, and welcome to Crime with My
(00:31):
Coffee. I'm your fabulous hostess withthe Mostess, June, and I'm Suzanne.
We're gonna tell you some stories you'veheard, some of you haven't,
and some you'll wish you hadn't,all with a Texas twang. All right,
Well, welcome back, guys,welcome back. Go glad you're here.
Glad you could join us, absolutely, And if you're here for the
(00:52):
first time, go back and juststart somewhere and listen to everything. But
if you've been here the whole time, we thank you, We appreciate it,
we love it, we love you. Yes, Well, what is
in your mug this week, madam? Well, in my mug, I'm
actually don't have a mug because Idon't know what it was this morning.
(01:15):
When I got up, I waslike coffee, coffee, coffee, coffee,
so I had three cups of coffeeand now I actually am drinking a
Java Monster the Loca mocha and it'snot even ten o'clock in the morning.
I was gonna say y'all were recordingin a slightly different time than we normally
the same day, just a slightlydifferent time, a little bit earlier than
(01:37):
normal. It's not it's like teno'clock almost maybe almost ten o'clock. What
the heck? Woman, I know, I don't know what it was.
I was like, I don't wantanother coffee, and so my husband got
up and he's like, oh,I want a monster and I'm like,
oh, me too. So hebrought it and so that's what I'm drinking
already. I'm like, oh mygod, what is wrong with me today?
(02:00):
Maybe it's because I know cooler weatherwill be here eventually, That's what
I'm thinking. That's what they keepsaying. But it was one hundred degrees
yesterday, so you know, Iknow, I know, so see,
But what is in your mug today? In my mug, I am drinking
the army of dark chocolates, myregular coffee because we spent some time out
(02:23):
of town last week and we triedlots of different coffees. Yeah, and
so I missed my coffee and sothat's what I'm drinking this week. But
next week's episode, I already havemy coffee from where we went, has
been delivered and it has a riseso so so here in that I will
(02:46):
wait on mine then, because yes, I got coffee from there too,
Yes, and we will. Iwill have my coffee. You can have
your coffee, and then the nextepisode will switch because we share our coffee.
True, so I will Yeah,well, we'll have different coffee next
time. I'm excited. Feels sogood anyway, but does But aside from
(03:12):
all the coffee talk, I dohave a case for us this week.
Oh, I'm excited. So wetook a trip to San Francisco, California.
Like oh, personally, we physicallygot on an airplane at dark o'clock
in the morning and flew from Texasto California, hung out in San Francisco
(03:32):
for a few days, and thengot on a plane in the afternoon and
flew back to Texas. It wasso much fun. We've seen so much
stuff, We did so many things. It was amazing. It was Well,
we'll make a Patreon episode about ourtrips to San Francisco, and we'll
(03:53):
put that out on Patreon within thenext couple of weeks. Yea. But
because we went to San Francisco,I have been doing some research on several
cases in San Francisco, got somepictures and all that to go with these
cases. This case I did notget pictures of anything for necessarily, this
case is going to take us toSan Francisco, California. Woo, our
(04:17):
little baby geography lesson here, becauseI know we've been to San Francisco several
times. We're getting ready to goa couple of more. San Francisco is
the commercial, financial, and culturalcenter of Northern California. It is the
fourth most populous city in California,and it houses the headquarters of big,
huge companies like Wells, Fargo,Levi's Uber, Airbnb, Twitter that is
(04:45):
now x and not Twitter anymore.Yeah, it makes no sense, among
several others. It is the fifthmost visited city in the US. I
see why, though, I absolutelydo, and I do want to mention
you were talking about big companies fromthere. I was shocked, for whatever
reason, that Garidelli actually is based. It is a San Francisco chocolate,
(05:14):
which I thought Garidelli it just soundsI don't know, French or something,
you know, and it's really goodchocolate. So we did see the sign.
The one thing we didn't see inSan Francisco, though, was Rice
a Roni? You know what?Yeah, but I mean we really didn't
go to any grocery stores. Wedidn't, so but we can find Rosserni
(05:41):
here at home. That's fine.I saw but I saw a box yesterday
at the grocery store and I almostgrabbed it just so I could take it
to the post office Monday and mailit to your husband and be like,
look, we thought of you whilewe were in San Francisco. Yeah,
but I didn't. Anyway, weare going to talk about a place in
the Pacific Heights neighborhood. Pacific Heightsis an affluent neighborhood that features homes built
(06:04):
after the nineteen oh six earthquake thatcompletely devastated San Francisco, and it's really
popular with only young professionals now.The Pacific Heights neighborhood was actually just a
couple of blocks away from where westayed. It almost kind of neighbored it
sweet. The population in two thousandwas about seven hundred and seventy seven thousand
(06:27):
people. Wow. And the populationin two ten was about eight hundred and
five thousand people. Oh my god. I just want to mention a couple
of people from San Francisco. Okay. Steve Jobs, the co founder of
Apple. I want to mention himbecause while we were there, we saw
people in line at the stores waitingto get the newest iPhone releases or Gap.
(06:51):
They were definitely waiting in line forsomething and I was them. Lines
were long. They were Nax Levchin, Peter Deal. They are the co
founders of PayPal, Wow, TomHanks, Robin Williams, Sweet, couple
(07:14):
of bands Journey, Metallica and GratefulDead, Nice. And one more person
I wanted to mention is Abigail Folger. She was the Folgers coffee heiress and
she was a victim of the Tatemurders. Thanks Manson, you freaking jerky.
Yeah, that's all for our geographylessons. That's that's sweet. That's
(07:35):
sweet. So we're going to talkabout a young woman named Diane Whipple.
She was born January thirty first,nineteen sixty seven, and she was raised
on the East Coast of the US. She was born in Princeton, New
Jersey, but she called Manassett Manhasset, New York on Long Island her hometown.
(07:59):
Okay, yea. She was raisedprimarily by her grandparents and By all
accounts, she was an accomplished athlete, which became apparent pretty early on in
her life. Lacrosse became her sportof choice. She was a two time
All American in lacrosse. In highschool. She played for Penn State and
(08:20):
twice she made the US Women's LacrosseWorld Cup team. Oh wow, that's
awesome. She's kicking ass and takingnames. Yeah, she is. In
her mid twenties. She had aboutwith cancer, but from everything that I
could glean from what I was readingand such, she kicked its ass because
(08:43):
she's awesome in amazing. Yeah.She moved to San Francisco, and around
the age of twenty nine or so, she became or She came within just
seconds of qualifying for the nineteen ninetysix Olympic Games in at Lanta, Georgia,
in the eight hundred meter dash.Wow. She was a little cross
(09:05):
coach at Saint Mary's College in Moraga. One of her players was quoted as
saying, we were the bad newsBears when she came here, but she
made us a team. Nice,very nice. In mid January of two
thousand and one, she ended up. You know, she went out,
she ran a marathon and Then,on January twenty sixth of two thousand and
(09:26):
one, just five days before herthirty fourth birthday, Diane was coming home
to her apartment building there in PacificHeights in San Francisco. She had picked
up the most delicious ingredients from thegrocery store. She and her live partner,
Kristen not her real name, bythe way. Okay, they were
(09:50):
having tacos for dinner. Sweet,I know I told you the most delicious
ingredients for dinner. I'm just sayingI had the most delicious ingredients in my
dinner last night. Yes, rude, I'm gonna have to go make tacos
now. They were so good.Sounds delicious? Yes, Well, Diane
(10:16):
is heading to her door from herelevator and her neighbor, Marjorie Noler was
working on dropping a bag of dogpoop into the trash shoot after taking one
of her dogs named Bain up tothe roof to go potty. Now,
Bain was one of two dogs thatNoler and her husband Robert Noel or Noel,
(10:39):
I don't know. I'll probably pronounceit both ways throughout this story here
were they were either fostering them orthey were owners of them. It's a
little murky. We'll get into thestory of that in a little bit and
you'll understand why it's kind of confusing. But that's when Noler lost control roll
(11:00):
of Baine and he attacked Diane.Oh no, what kind of dog is
this? Is he a big dog? He is a big dog. He
is a Presso Canario. And tome, I've seen pictures of them.
Yeah, we'll get into the historyof the the Canarios in a little bit.
But to me, because I googledit, because I had never heard
(11:22):
of this breed either, they lookvery similar to like the Kane Corsos.
Yeah, I don't know what thatis either. How do you not know
what those are? They are justdogs? I probably probably you probably do.
No, you know, we'll probablydo. I'm gonna look at a
picture while you continue on. Okay, okay, anyway, Yeah, No,
(11:46):
Bain was about one hundred and thirtypounds. I mean he was a
big dog out, Yeah, heis. People in the surrounding apartments reported
that they heard this attack take placeand that it took about twenty minutes,
or that it about twenty minutes,but they didn't go out to help.
This is a huge dog. Yeah, but I do know that for sure.
(12:09):
At least one of the neighbors callednine one one. Oh. Wow,
police showed up, and the scenewas horrific. Diane was laying there
in the go ahead, well,I was gonna say. So this happened
on the roof or inside the building, inside the building, in the hallway,
Okay. Diane got off the elevatorgoing in, going to her apartment.
(12:33):
Her apartment was right next door tothe apartment that these dogs lived in.
Okay, So they were literally neighborsin this apartment, not just neighbors
in the sense that they live inthe same apartment building. Neighbors as in
they share walls. Okay, Okay, so the police show up. The
scene is gruesome. Diane was layingthere naked, covered in blood. There
(12:56):
was blood all over the walls.It extended four feet up the walls and
thirty feet down the hallway. Wow. Was she a nudist? She goes
shopping nude? No, No,we'll get to why. I mentioned that
a little bit later on. Okay. There was bits of cloth, bits
(13:18):
of her clothing all over the floor. They found Baine locked up in the
bathroom in Nohler's apartment, and Ido believe Harrah, which was his mate,
the other dog that they had inthis apartment, was kind of running
loose in the hallways or whatever.There wasn't really anything that they could do
for Diane. She she did,unfortunately pass away later that night at the
(13:41):
hospital. Her autopsy report would revealthat she suffered seventy seven bite wounds.
Oh my god, vicious, themedical examiner said. The only place on
her body that didn't have any woundswere her scalp and the soles of her
feet. Oh my goodness. Nowlet's talk about her neighbors for a minute,
(14:09):
okay, and how they came toget these dogs. Yeah, huge
horses. Now, Harrow was notas big as Baine. I think Harrow
was only like a hundred pounds.But still one hundred pounds is big for
a dog, I feel. Imean, can't see me pointing at my
(14:30):
dog. He is about ninety pounds, is he really? Because he's like
he really is size is my dog? And she is fat, she's between
ninety and one hundred pounds. Infact, Before I take him to get
his before I go to give himhis heartword medication, next or this month,
I need to take him to thevet and have him weighed to make
sure that it's it's still still he'sstill within the weight for what I have.
(14:54):
Well, I wouldn't have guessed that. I mean, I would ext
he weighed the same as my dog, which is seventy five. He's between
ninety and one hundred pounds. Wowwow, Okay, Yeah, he's a
big boy. But he's no,he's not. But okay. Anyway,
So Robert Noel and Marjorie Nohler wereboth attorneys. Oh wow, Okay they
(15:22):
had as of this attack, theyhad recently been working out of their apartment
doing their own practice. Okay.They were both on their third marriage.
Noel had been married to his firstwife for twenty three years when he divorced
her in nineteen eighty six. Wow. He grew up in Baltimore, went
(15:46):
to the University of Maryland, wentto law school, and in nineteen eighty
he and his family moved out westso that he could become an assistant US
attorney in San Diego. Then heslid on over into corporate law. After
his divorce, he moved to SanFrancisco. There he married and subsequently divorced
(16:07):
a legal secretary before he met MarjorieNoeler now Marjorie grew up in Brooklyn and
wanted to become an FBI agent whenshe grew up, she didn't know she
ended up going to law school.She met Noel when she was a thirty
two year old divorced law school graduate. She was just starting her career at
(16:30):
the firm that Noel worked at,and they went to lunch one day and
evidently they hit it off and sparkswere flying, because they moved in together
just a week later. Oh wow, okay, yeah, like boom done.
In May of nineteen eighty eight,they both resigned from this firm and
they began to take on more probono work. Okay. In nineteen ninety
(16:52):
four, they got a case thatthey called interesting, which would end up
changing their lives. Their new clientwas a guard at Pelican Bay State Prison.
Pelican Bay State Prison is located innorthwest California. It's up kind of
close to the border of Oregon andlike the coast, so it's I mean,
(17:17):
it's like really close. But therehad been a bunch of complaints from
the inmates at this particular prison,which had only recently opened. It opened
in nineteen eighty nine, so itwas a fairly new prison in nineteen ninety
four. But there had been awhole lot of complaints coming from the inmates
in this prison about brutality and crueland unusual punishment from coming from the guards
(17:40):
towards the inmates, basically saying,you know, the step these guards are
doing, it's torturous, like they'rebasically torturing us. They ended up filing
a lawsuit against the prison or thestate, I don't really remember which one
it was. But during this lawsuit, this particular guard, which I am
not going to name, he didgo against the grain and he testified for
(18:03):
the inmates, backing up their claims, saying, no, yeah, these
guards are being it's wrong. Youknow, these guards are not good people.
The inmates did win their lawsuit,and this present did clean up their
act according to everything that I've read, you know, they went through cleaned
house, made sure you know they'rethey're not completely treating these these inmates like
(18:26):
they're less than human or anything.And but this guard that testified for the
inmates backing up their claims, hewas now being harassed for breaking ranks.
So he files a lawsuit and Noeland Noeler take up his cause. They
become his attorneys. They they theyjumped at this chance to represent him in
(18:52):
the lawsuit that he filed against theCalifornia Department of Corrections. Okay, Unfortunately
he would lose his lawsuit and heand he did end up hanging himself afterwards.
Oh no, but this led themto take on another guard as a
client. This guard had been accusedof colluding with the Aryan Brotherhood to set
(19:19):
up a child molluster for beatings andmurder. This guard. Yeah, this
guard was eventually found guilty and oneof the inmates that they called as a
witness was later murdered. There wasanother inmate that testified in this particular case.
His name was John Cornfed Schneider.We're not going to use his nickname.
(19:44):
I just mentioned it because I don'tknow why his nickname wouldn't be Cornfed,
because he comes from California, andhe was not one of the cornfed
Midwest boys that are huge and gigantic. That eeas, that's funny, because
that's when you said, that's whatI thought. I thought, big old,
big old bubba dude. Nope,that's funny. Not from the pictures
(20:07):
I saw, well, maybe theywere just being mean to him. Then
probably not because it we'll get tothat. Let's say that. Okay,
Okay, So now let's talk aboutSchneider. Okay. Schneider was born in
nineteen sixty two. He grew upin Cerritos, California, with his two
younger sisters, his mom, andhis stepdad. His stepdad was a retired
(20:30):
Air Force officer. Schneider described hischildhood as a happy one. He said,
you know, good childhood. Stepdadwas great, he was awesome.
Oh yeah, I've always loved dogs. In fact, when I was sixteen,
I got a summer job with acompany out of Los Angeles that specialized
(20:51):
in lending Junkyard protection dogs to smallbusinesses in the area. And so what
I would do is I would transportthe dogs in the evenings to these businesses,
dropped them off, and then thenext morning I would go and I
would pick these dogs up and takethem back to where they lived. Sounds
like a pretty gravy job, That'swhat I'm thinking. In nineteen seventy nine,
(21:12):
he graduated early from high school andthen joined the Air Force. Now,
while he was in the Air Force, he had to spend a week
at a time in an underground bunkerand participate in round the clock drills where
they were told that a nuclear attackwas imminent. They were given five minutes
(21:32):
to scramble the jets, and theywere not told if this was a drill
or if this was the real thinguntil the mission was over. Wow,
this isolation from being in this undergroundbunker for a week at a time,
This intense psychological pressure from not knowingif you're legit being attacked with nuclear weapons
or not. It ended up beinga super awesome, great prep work for
(21:56):
Schneider and it helped his ability towithstand the torturous conditions he would later in
his life experience in the correction system. M Okay one of his sisters,
though she told a very different storyabout their childhood. She said their home
(22:18):
was more like a prison and theirstepdad was like the warden. He would
wake the kids up randomly in themiddle of the night and make them go
scrub the pots in the kitchen,or he would wake them up in the
middle of the night and make themgo scrub the floors in the bathroom with
toothbrushes. She said she remembers herfirst beating from her stepdad when she was
about eight years old. Oh no. And it was a couple of years
after that that he started to sexuallyabuse her. Oh my god. She
(22:42):
said that her brother Schneider stood upto this guy, you know, because
he was super protective of his sisters. Said that, you know, he
tried to stand up to his stepdad. He's a kid though, you know.
And she said that stepdad would beatthe living snot out of Schneider either
way. That his childhood actually went. Schneider ended up getting kicked out of
(23:03):
the Air Force after a couple ofyears. He they get rid of him
because he was riding some bad checks. Hmm. So they're like, nope,
you gotta go bro right. Soafter that he started working at a
pizza place. He becomes the managerthere. He's managing this pizza place for
a while and then he decides,you know what this night tonight, Yeah,
(23:26):
I'm gonna put on a mask andI'm gonna get a gun and I'm
gonna go rob this pizza place.Wow inside, but yeah, yeah,
and then he stepped up his gameand he robs an armored car. What,
Oh my goodness. Yeah, itwas. It was picking up deposits
(23:47):
from the I want to say,the grocery store that his sister worked at
or something. So he kind ofknew the schedule of this armored truck and
yeah, so he totally wouldn't robbedit too. Oh my god. So
he showed up at his stepdad's housea little bit after these robberies with a
new motorcycle, and so a stepdadstarted thinking, I met Schneider was involved
(24:10):
in these robberies. So Stepdaddy callsthe cops. Wow. And in nineteen
eighty five, at the age oftwenty three, Schneider began his career in
the California Department of Corrections. Ohwow. By July of nineteen eighty seven,
(24:30):
he had earned his way into theAryan Brotherhood. This man was thriving
in prison. He ended up workinghis way through the ranks of the Aryan
Brotherhood until he was one of thetop tier people in this particular gang.
Wow, like he was, hewas up there. He was about it.
(24:52):
Yeah. Well, in nineteen ninety, a few years before Noel and
Noeler would become acquainted with him,Schneider was set to testify in a case
involving another inmate. I don't reallyhave the details on that case itself.
I didn't really look it up,but he made a splash. Nonetheless,
the warden at the time where hewas serving time at had recently instituted some
(25:18):
new anti smuggling ways in his prison, saying, you know, oh my
prison is you know, you can'tget stuff in, you can't get stuff
out, like m my security measuresare lots chef's kiss Okay, And Schneider
was like, dude, bro,it's not as great as you think.
I got something for you. Sohe found a way to smuggle a shank
(25:42):
made out of a soup ladle withhim into courtroom on this day. Oh
my god, and he stabbed thedefense attorney with it. Oh my god.
Now it has never been said exactlyhow the soup ladle shank was smuggled
out of the prison and into thecourtroom or anything like that, but there
(26:04):
have been signs. Oh yeah,there was fecal matter found in the wounds
on this attorney. Yeah, thereyou go. When Schneider was asked why
he did this, you know,he said the bit about showing the warden
you know, you're not as greatas you think you are. Look what
I can do, and they askedhim, you know, well, why
did you attack this attorney? Andhe was like, man, I really
(26:26):
didn't like him. Wow, butI'm just assuming since he attacked the defense
attorney, now this attorney was probablyrepresenting him. No, no, no,
Remember I said he was going totestify in a case involving another kingmate.
Okay, never mind, it wasnot his attorney he was. He
was being called as a witness.Okay, Okay, makes more sense now.
(26:51):
So he ended up being given alife sentence for this particular stunt,
and that's when he was transferred toPelican Bay, which, like I said,
had opened in nineteen eighty nine andhad the torture's prison guards there.
Okay. While he was at PelicanBay, Schneider kept having issues. Dude,
you're in the Arian brotherhood. Idon't think you're a good person.
(27:14):
Yeah, it doesn't surprise me thatyou're having issues or making issues or starting
issues or you are the issues.Yeah, I'm just saying. Anyway,
he eventually was sent to live inthe oscillation unit. After there was he
had a skirmish with a member ofa rival gang. The FBI even said
that they are pretty sure he mastermindedthe murder or the attempted murder of twenty
(27:38):
four people, including the killing ofa cop. Oh my god. Yeah.
Anyway, he ends up in theshoe for a bit and then while
he was there, he came acrossa dog magazine and this made him come
up with the idea of running dogAwar, a kennel that he set up
(28:00):
that is essentially dedicated to breeding,to breeding and raising and selling pressa Canarios.
These big beautiful dogs. Okay,now, Canarios looks like I said
before, they look super similar tothe Kane Corsos to my personal untrained dog
(28:22):
eye here. They were originally bredfor guarding and herding in the Canary Islands
in the nineteen fifties. The breedwas super close to extinc extinction, but
it was brought back when they startedto mix it with masstiffs and other large
breed dogs. They were introduced intothe United States in nineteen ninety and they
(28:45):
were used generally as fighting dogs.I can see it now. Schneider eventually
was able to obtain ownership of Baineand Harrah. He had had some outside
contacts that he and his cell matewere using and talking to to in order
(29:06):
to buy these dogs. And thenother people were keeping these dogs for them
and breeding them for them, andraising and selling the puppies, and they're
all splitting these dollars from all ofthis amongst them. So the Kintle that
he got Baine from, they endedup being sent to this lady that had
a small little farm there in California, and she was keeping Baine and Harrah.
(29:29):
But they Baine kept attacking her.I want to say it was sheep.
It might have been goats. Shehad cheper goats on her farm,
and Bain and kept kept attacking herlivestock. He kept attacking her chickens,
he kept attacking her personal house catpets. Oh wow. And she was
like, these dogs gotta got togo. She's keeping them. Yeah,
(29:52):
she's keeping them chained up in acorner of her farm, which is not
going to be good for the dogsanyway. You know. I've always heard,
especially especially chickens, and I guessit goes for any animal. Once
a dog attacks a chicken or whateverand kills a chicken, they get that
taste and they'll never stop never.That's what I've always heard. So if
(30:18):
he's attacking goats or sheep or whatever, and chickens and everything else. He's
not gonna stop. He is avery aggressive, aggressive dog. So I
don't think I can agree with that, though not the aggressive part. I
think he is an aggressive dog himnot to breed him, right, But
but the whole you know, attackingan animal or whatever and then getting that
(30:41):
taste for it. I don't necessarilythink I can buy into that because there
are dogs that lives start guardian dogsthat they are out there living with the
goats and the chickens and all ofthat, and they're keeping them safe and
protecting them. But they are killingthe coyotes and the wolves and such that
are coming after the live stock,right, But that's more predatorial type killing.
(31:07):
That's the only thing I believe it. They still have the tape,
they still have the blood taste.So but I'm just saying I don't know
that I believe that. I don'tknow. I could be wrong. I've
never looked into it one way orthe other. That's just my thoughts.
Okay, I'm not a dog experthere me neither. I just know how
to spoil them. They're so cute. I just want to touch them them
(31:30):
and you know, get all thedoggie breath and yeah, yeah, me
too. Well, like I saidthis, this lady said, you know
that that Bain was attacking her livestock, and she's got him locked up,
you know, chained up in acorner of her her farm. And
she's like, he's got to go. These dogs have to go. So
(31:51):
enter Noler and Noel. Okay.They had had some contact with with Schneider
by this point, and they gotto talk into it, and Schneider's like,
you know, hey, I needyou to get rid of you know,
these dogs need to leave her place. Whether you take them, you
know, my friends take them,my family takes them, my cellmates family
and friends take them, whatever,Because I want to say, they were
(32:12):
like almost ten dogs that were hereat the farm at this time, and
from my understanding, Bain Bain mighthave been the only one that was actually
chained up, and might have beenBain and Harrah, but I know for
sure Bain was chained up. Okay. And so the Noler and Nol they
get these dogs and they disperse themamongst Schneider's family and friends and his cellmates
(32:37):
family and friends, and they keepHarrah, who had developed some heart problems,
so they take her. I wantto say, around March or April
of two thousand and then later thatyear, around September or so, they
ended up taking on Bain as well. Okay, well, four days after
Bain moved in with them, hegot into a fight at the beach with
(33:01):
another dog and nearly took off Noel'sfinger. Oh my god. These two
dogs scared people in the building andin the general neighborhood. There were claims
that during the several months that thesedogs lived in that apartment building, that
they attacked at least three other dogs, nearly killing a German shepherd. Well,
(33:24):
and that's not going to be aneasy feat either, No, no,
not at all, not at all. Well, and so, now
do we know how old these dogs, Baine and Hair were when they went
to the lady at the farm,Like, what kind of upbringing did they
have before that? I don't know. I don't know. I don't really
(33:47):
know how old they were. Okay, but we'll get into some of their
raising, Okay, Okay, ina minute, We're almost to that point.
Okay, Okay, Yeah, I'mvery curious because I feel, no
matter what the breed of dog is, the way you raise it or lack
(34:09):
of raising yes, or lack ofraising is how that dog acts. For
the most part, I do believethat there are some dogs, just like
there are some people that are justborn more aggressive. True, it's it's
just it just is what it is. Yes, I don't think it's necessarily
(34:30):
specific to any breed. I justlike it's not you know, with people,
some people I think are just bornbad. And I think it's like
that with with animals too. Imean, have you met my cat?
I agree, but he's so cute. He's cute, but he's evil.
(34:52):
Well, these two dogs, theyhad a reputation in the general area as
being a menace. One neighbor saidthat she had act really bought some pepper
spray to protect herself from these dogs. Wow. Other people that had dogs
that lived there in this building,they said they started to change their schedule
and their dogs schedule so that theywould not have to encounter these dogs while
(35:15):
they were taking their own dogs out, because these dogs would lunge at them,
they would lunge at their pets.Wow. And people said that Noel
and Nolan had trouble controlling these dogs. I mean, like I said,
Baine was about one hundred and thirtypounds, and I want to say Harro
was like a hundred, yeah,right around a hundred. They're they're big
dogs, yeah, I mean absolutelyhuge dogs. Well, Noel was generally
(35:40):
the one that would take Baine outbecause he was the man and so he
was a little bit larger and sohe could control Baine a little bit better.
Right anyway, Well, Diane toldher partner Kristen about a month before
her death that Bain had snapped ather and that the only thing that saved
her was this huge sports watch thatshe wore on her wrist. She said,
(36:06):
otherwise it would have been so muchworse and he could have, you
know, taken my hand off.And it was said that she was after
this incident, she was way morenervous about these dogs, about being around
these dogs, and it was saidthat she would start opening her door to
her apartment and peeking out into thehallway to see if these dogs were out
there before she would ever step intothe hallway. Yeah, I mean,
(36:30):
if if she's out and about withher partner Kristen and these dogs come around
the corner or whatever. They saidthat she would take Kristen and physically put
her between the dogs and Diane herself, wow, because she was terrified of
these dogs. Well, after Dianewas attacked, Noler told the authorities that
(36:51):
her dogs had been kind of sickthe past few days and Baine really really
needed to go potty since he hadbeen sick, she could she didn't really
feel that she could wait for herhusband to get home in like an hour
or so to take him out,so she took him up to the roof
to go potty, okay, Andshe said, you know, when she
(37:14):
came back down to their apartment,she's getting ready to put Baine in the
apartment, but she's got to throwthis this waist away first. And that's
when Diane came off the elevator andBaine became interested in Diane and started dragging
Nolan down the hallway. She saidthat Bane got a little aggressive, kind
(37:36):
of barking and nipping at her,and you know, nothing, nothing major,
And so Noler kind of got inbetween the two of them, and
Bang got kind of pissy about that, and he became even more aggressive,
and and Diane is going, youknow, hey, get off of me.
She's freaking out. She's got Noleron top of her, and she's
got this dog coming at her,and she said that Diane accidentally smacked Nler
(38:00):
in the eye, and that's whenBaine completely lost his mind and had to
protect his mama and and Nolan knewthere was nothing else she could do for
Diane. Okay, I know thatthey are very loyal dogs to their dog
parents or whatever. Right now.Baine was immediately put down after this attack.
(38:25):
Okay, Yeah, Harra was seizedpinning a dangerous dog hearing. There
was no proof that Harrah actually participatedin this attack, but there was actually
no evidence that said that she didn'teither, So it was it was kind
of you know, maybe maybe not. No nobody really knew for sure,
(38:49):
Okay, they would eventually have thishearing. Harro would eventually be put down
the following January. Wow. Soa year later, a few days after
Diane was killed, the cops foundout that Noel and Nolan had officially adopted
Schneider. What. Yeah, Now, I did read that he was adopted
(39:15):
shortly before the attack, but I'vealso read that he was adopted shortly after
the attack. He's a grown man, I understand that. And when in
fact, when this came to lightand the public heard about it, they
were freaking out and they were Noeland Noel. Noel was asked about this
and he said, and I quote, you don't have to change diapers or
(39:38):
worry about the sheriff bringing him homeat fourteen for underage drinking at eleven o'clock.
You'll know where he is. Endquote. You know, for whatever
reason you're talking about, this remindsme of another story. And I don't
know why I can't think of it. Maybe because I'm thinking about these dogs
(40:00):
or whatever that it's almost the samething that, you know, somebody adopted
somebody maybe in prison, maybe havinga bad time or whatever that was an
adult. I but I just can'tthink of what it is. I'll you'll
(40:22):
have to figure it out and letYes, absolutely, but I believe it
was female. It was not male. It was a female. Oh gota,
yeah, I'll think I'll think,okay, yeah, eventually. Well,
it was reported that when they startedtalking with Schneider about adopting him that
(40:43):
it was so that they would havesome say in his medical treatment and so
that if anything were to happen tohim while he was in prison, even
though he is never getting out ofprison, but if anything were to happen
to him in prison, they wouldbe able to sue the prison or whoever
caused whatever harm to come to himon his behalf and on behalf of his
(41:05):
estate because they are now his legalparent and his legal next of ken.
Okay. Yeah, anyway, Kristenwould eventually file a wrongful death lawsuit against
Noel and Noeler. They argued thather lawsuit wasn't even really a lawsuit because
she wasn't a surviving spouse and soit shouldn't even make it to the courtroom
(41:27):
steps. You see, at thispoint in time, gay marriage was not
legal in California, Okay, Andso even though Diane and Kristen had been
holding out hope that one day itwould be legal and one day they could
get married, at this point intime, when Diane was killed, they
(41:49):
were unable to. And the judgethat heard this lawsuit said, yeah,
it's not her fault that she wasn'tmarried, So no, I totally find
she has valid claim on this.Okay, good, And the case was
eventually settled with a confidentiality clause,although I did read in a couple of
(42:10):
different places that she was awarded onepoint five million dollars and she used part
of that to start a scholarship fundin Diane's name. Nice her mother,
Diane's mother, would also file awrongful death lawsuit. Her suit, too,
was found to have merit and wassettled with a confidentiality clause. I
(42:34):
have never seen anywhere any numbers reportedon what her mother received. Noel and
Noeler would both eventually be arrested andcharged in the death of Diane Whipple.
Okay, Noel was charged with manslaughtersince he wasn't present at the time of
the attack. He wasn't even home, and Noeler was charged with second degree
(42:58):
murder. They did end up gettinga change of venue. It was,
you know, granted, they movedthe trial down to Los Angeles, and
that's where the trial was held whenit started. Now they were tried at
the same time. So when itstarted, there was a vet that had
checked out the dogs when they livedon that small farm, and he went
(43:19):
up onto the stand and he testifiedthat after he had checked out the dogs,
I want to say, he wasgiving them their vaccinations or something like
that, that he left and hewent back to his home or his office
or whatever, and he did somethingthat he had never ever ever done before.
He sat down and he wrote aletter to Noler because he knew that's
where the dogs were going. Andhe said in this letter that Baine was
(43:44):
unsafe to handle like completely. Hefelt that these dogs had the potential of
being very serious risks. And hesaid he had never, like I said,
never written a letter like this before, but he was convinced that it
was the potential for them to causeserious, serious injury was so great that
he his conscience wouldn't let him notsay something right. He said that you
(44:09):
know, they would be a liabilityin any household regardless of where they were.
Their defense attorney, Yeah, theirdefense attorney was a jerk face.
Basically, the defense attorney just dida whole bunch of victim blaming, victim
blaming, terrible. Yeah. TheyThe defense attorney even asked the paramedics,
(44:32):
hey, did y'all spend too muchtime trying to chase down Harrah and get
her locked back up instead of attendingto Diane's injuries and that's why she didn't
survive. And the medical examiner goton the stand and he was like,
no, her injuries were so greatand so severe that no matter who showed
up when they did, there wasno hope for her. There just was
(44:54):
no hope for her period. Endof story. As thing to do with
any of that, like your crazydefense attorney, quit being a jerk face.
Yeah, it came to light thatthe cops had found a book at
their apartment that was basically a trainingmanual to teach owners how to nurture viciousness
(45:17):
into their dogs. Okay, Inparticular, it references a way to use
a cloth rope, like let's sayyou take a shirt or something and you
tie knots into it or whatever.There's a way to use that to help
make sure your dogs get a littlemore vicious with the tearing of the cloth
and stuff like that, which iswhy they think that that is why Bane
(45:43):
ripped off all of Diane's clothing,because he had been taught how to rip
this these these cloths to shreds inhis attacks. Wow. Yeah, the
jury heard of at least thirty instancesof where these dogs were being aggressive from
(46:06):
different witnesses. Once a trial concludedand it was handed over to the jury,
they went back. They deliberated forabout eleven hours and came back and
said guilty on all charges. Thereyou go yep. Well, the judge
said, mmmmmm, no, We'regonna go guilty on manslaughter for both of
them because I don't think it risesto murder charges for Noeler here. I
(46:31):
mean, I kind of get that. I kind of get that because Noeler
wasn't setting out to do this.I mean, that's why I understand that.
(46:52):
That's why it was a second degreemurder charge because from from what I
read. I didn't write it downin my notes here, but what I
read was second degree murder is malicemurder. It is she It's not that
she set out with the intention tokill her neighbor, but she knew that
her dogs possibly could right, andshe did not keep control of said dog
(47:15):
or dogs. And so that iswhy the state felt that it rose to
second degree murder instead of just manslaughter. But the judge is like, no,
just manslaughter. Noel and Noel areboth were sentenced to four years in
prison. M of course, thestate is appealing and they say, no,
it rises to the level of seconddegree murder. I don't care what
(47:37):
this judge said. I'm appealing this. So they appeal it, it goes
to the Supreme Court. I wantto say the State Supreme Court. I
don't think it went to the SupremeSupreme Court. I think it just went
to the state Supreme Court, okay. And the State Supreme Court said yeah,
no, okay, So we'll getto that. We'll get to that
in a minute, okay. SoNoel was released from prison in September of
(48:00):
two thousand three. Okay. Noelerwas released from prison in January of two
thousand and four. In January oftwo thousand and seven, Noeler resigned from
the California State bar and the nextmonth, in February, noel was disbarred.
And like I said, the prosecutionwas appealing her second degree murder conviction,
and they did eventually get it reinstatedthe Supreme Court. Like I said,
(48:24):
I think it was the state SupremeCourt, not the big, you
know, country Supreme Court. Theysaid no, no, yeah, we
totally agree that it rises to andmeets the threshold for second degree murder.
So she was then sentenced to fifteento life. In twenty eighteen, noel
(48:45):
passed away in a nursing home onhis seventy seventh birthday to due to heart
failure. Noeler is still in prison. She was originally up for parole in
two thousand nineteen, but it wasdenied due to her disciplinary record in prison,
which included the fact that she hadin twenty sixteen bitten a prison guard.
(49:10):
Okay, she is currently not upfor pearl again until twenty twenty six
This was the first case where anowner was convicted was convicted of murder in
the United States due to the actionsof their dog. And that is my
case. Wow, wow, justwow. I am implay just blown away.
(49:39):
This was so crazy, so yeah, just so crazy. So many
twists and turns and lefts and rightsand loop deloops and what's wow. Wow,
that's that's absolutely crazy. And therewas a lot that I left out,
(50:04):
like the fact that when when Noelwas walking Baine, he would see
Baine, you know, go towardsthese dogs or try to attack these people,
or these people would come up tohim and say, hey, your
dog bit me or your dog bitmy dog, and he'd be like,
m interesting and carry on. Wow, sounds like these dogs really needed a
(50:25):
muzzle anytime they left their apartment.But I mean, that's that's on the
people right there. You absolutely andand there was somebody else that testified at
the trial that said, you know, yeah, even though Bain was the
prize stud of Dog o' war Kennels, which, by the way, was
eventually shut down. The prison foundout about it and shut it down.
(50:49):
Okay, And and that's how Nolaand Noel ended up with Baine and Harrah.
But this guy said that, youknow, he testified the you know,
Bain was not a pure Canario.He he wasn't he he was a
mix of at least four other breedsthat this particular breeder could see. And
(51:14):
this particular breeder was a breeder ofthe press of Canarios. Okay. And
he said that Bain was not purebread, and Bain had health issues and
Harrah had health issues. And yeah, I think what to bring them back
up to population or whatever they werebred with, like mastiff and stuff like
(51:36):
that. Okay, yeah, yes, But but once that they were brought
back up like that, they said, you know, Baine himself was eat
bread further out than what they didto breed them back into not being an
extinct breed. Okay, okay,Wow, like Bain was intermixed with several
different breeds. Wow, I don'tknow that. It's just absolutely crazy.
(52:06):
Wow, Oh my god, yeah. Yeah, So that's that's my case.
That's what I got for you thisweek. I wasn't happy about the
fact that these dogs were put down. I understand, right, right,
I feel I feel bad for thedogs because I don't feel it was the
dog's fault. I feel that thesedogs were encouraged to be aggressive. I
(52:27):
feel that these dogs were encouraged tobe vicious. They did not have responsible
owners at any point in time intheir lives as far as we know,
so so it just breaks my littleheart, I know, yeah, because
they were just doing what they've beenraised to do, what they were trained
(52:49):
to do, and they didn't knowand what they were always taught was okay,
yeah, yeah, they didn't knowit was wrong. That's yeah.
Wow, that's that's crazy. So, like I said, I understand why
these dogs were euthanized, right,That doesn't mean it makes it easier for
my little dog loving heart. Nope, I get it. I get it.
(53:10):
So wow, but thank you verymuch for Sharon. That was absolutely
something. And if I think ofthe inmate adopted thing or whatever, I
will let you know. I willthink of it. I promise I will.
So Okay, anyway, I guessuntil next time, guys back Nick,
(53:34):
We'll be back next week with anothernew episode until Daniel okay bye,
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