Landmark trial on dog killing

The young university sports coach had little chance against Bane, a massive Presa Canario dog who ripped open her throat and tore away her clothes with the ferocity of his attack.

Now the animal's owners are on trial for second degree murder and manslaughter in a case that could make legal history if they are found responsible for keeping a pet they knew was capable of killing a stranger.

Diane Whipple, a 33-year-old lacrosse coach, was about to open the door to the flat she shared with her woman lover in San Francisco last year, when she was attacked. Bane was being taken for a walk by his owner Marjorie Knoller when he pounced without warning.

Within a few seconds, Bane had pinned his victim to the floor and was ripping open her throat. Miss Whipple was taken unconscious to hospital but died from her injuries five hours later.

The trial will hinge on how much Mrs Knoller and her husband Robert Noel knew about their dog's temperament. Their lawyers say that until the attack, Bane was a gentle and loving dog who once carried home a kitten in his mouth.

Neighbours, though, say they always feared the animal, calling it "killer dog" and "dog of death". Many timed walking their own pets to avoid the 55kg animal.

There is no doubt that the Persa Canario is a dangerous breed. It was used by the Spanish conquistadores to subdue American indians and has massive jaws and a muscular chest.

While devoted to its owners, the dog is the canine equivalent of Mike Tyson when roused. "An attack would be a hopeless situation for any man involved," one authority on the breed says.

Crucial to the case are the circumstances in which the couple, who are both lawyers, acquired Bane and another Presa Canario bitch called Hera who played a minor role in the attack.

Afterwards, investigators found they had been given the dogs by Paul "Cornfed" Schneider, a white supremacist they had represented, who is serving life in a maximum security prison for attempted murder. His gang, the "Ayran Brotherhood,'' breeds and sells attack dogs. Prosecutors claim to have discovered a letter the couple wrote to Schneider saying they knew the dogs were vicious and enjoyed frightening the neighbours. They also described Miss Whipple as a "timorous little mousy blonde".

In an even more sordid twist, the letters are said to hint at sex games involving the animals. Prosecutors say evidence of bestiality will be used to show the couple's relationship with the dogs was so intense they failed to realise the dangers they posed to others.

Lawyers for the couple call these allegations "spurious filth". The case has created so much interest that it has been moved more than 300 miles south to Los Angeles to find an impartial jury.

Few in San Francisco have any sympathy for the owners, who have expressed no remorse for the attack. The couple have claimed the victim's perfume may have roused the pet and that she was taking steroids which made her seem more aggressive to the dog.

Mrs Knoller, 46, faces second degree murder charges while her husband, 60, who was out of town at the time, has been charged with involuntary manslaughter. A civil lawsuit is also being brought by Sharon Smith, the victim's lover. The case is likely to herald new laws in California making dog owners responsible for attacks.

For Bane, justice has already been served. He was destroyed within hours of the attack. The authorities have still to make a decision about Hera.