Judge Orders New Trial in Dog Attack Case

Fox News ^ | June 17, 2002

[scarface367]

SAN FRANCISCO

[KirklandJunction]

Assuming this was from Appeals Judge, the Judge should be comfortable with a fine point of law, knowing that any retrial is not going to dilute the ultimate sentence.

Anyone know if this was Appeals?

[FreeTally]

Posted for the thrid time - the second was yanked from Breaking News, just like this one wi......

[DonQ]

This was apparently Not an appeals judge, but the trial judge, as their sentencing was scheduled for today.

Although the precise criteria for a murder charge differs slightly from state to state, it does require an intention, a pre-meditation, to take a human life. It would appear that keeping highly vicious dogs, although singularly reckless, does not amount to a deliberate intention to kill someone.

But these people are already assured of going to prison on the other offense charged, and on retrial they're not going to get off scot free. I dare say they're not lawyers anymore, and they will be doing years of hard time.

[WhyisaTexasgirlinPA]

This entire trial has made me ill......... I would have killed those damn dogs then taken a bat to the owners myself........ Semper Fi

[Catspaw]

DonQ, the same judge used a reasoning almost exactly opposite his reasoning today when the defense moved to have the charges dismissed at the end of the trial. The prosecution is checking with the AG's office at 1:30 PDT, and it sounds like they'll file a motion for reconsideration prior to Knoller's sentencing at 4:30 PDT.

[JoeFromCA]

Sentencing is today at 1:30 p.m. PDT (live on CNN); the max is 4 year with the 1+ year they already spent in jail counting against that; they''ll be out and about terrorizing the populace in twenty-four months max.

DA Hallinan can appeal the judge's decision on 2nd degree murder, or just go ahead and retry on that charge. Hallinan is a liberal chicken s... and probably won't do anything more.

The trial judge decided there was no "implied malice", the standard for 2nd degree murder in CA. It's a close legal call, but I think he should have let the jury verdict stand. Chances of reversal on appeal are about 50/50.

I would like to have seen they fry, as both a lesson to them and to other similarly situated dog owners.