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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 01:12 PM
Original message
This is OUTRAGEOUS
One of the Nazi lawyers whose attack dogs ripped apart poor Diane Whipple because she was a lesbian is on the brink of being granted parole! http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/01/01/BAGBD423DJ1.DTL

Welcome to Bush's America -- kill a lesbian with your dog, get less than two years in prison. Talk to someone "suspicious," go to Guantanamo for life.

Democratic presidential candidates should be getting on this immediately and saying it's proof that Bush and the GOP are soft on crime, not "law and order" like they claim.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 01:14 PM
Response to Original message
1. My favorite quote from this article
In an interview with The Chronicle, Schneider said he had urged Knoller and Noel to apologize for Whipple's death.

"They didn't want to," he recalled. "They said it would be kissing ass, or making an admission of guilt."

:mad:

Unbelievable. And people wonder why we march!
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TorchTheWitch Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:24 PM
Response to Reply #1
248. OMG!!! LOOK AT THIS FILTH I JUST FOUND!!!
Edited on Thu Jan-01-04 07:31 PM by TorchTheWitch
I was looking up some information about this case and came across this DISGUSTING site. Oh, my GOD! This is just an OUTRAGE! I'll snip just a tiny bit because it's just too aweful to actually reprint:

http://www.godhatesfags.com/main/whipplememorial.html

<snip>
Diane Whipple, a filthy dyke, died in her sins on Jan. 26, 2001, as a result of being mauled by two dogs. God used literal dogs to kill a figurative dog - sodomites being likened unto dogs for beast-filthiness (Deut. 23:17, Mat. 7:6, Phil. 3:2, 2 Pet. 2: 7,8,12,22; Rev. 22:15)...
<end snip>

Is this even legal??? How does one go about finding out who the company is that let this DIRTBAG print this horrible filth??? What can we do about this???

OMG... I'm so disgusted I could gag.

<On edit: get rid of that smilie that has no business popping up the middle of something so gross>
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gator_in_Ontario Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:26 PM
Response to Reply #248
250. Fred Phelps
notorious pseudo-christian and definite closet case.
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drb Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 09:55 PM
Response to Reply #250
287. Serious closet case!
We should get a pool of funds up for the first genuine picture of Fred in a compromising position with a flaming drag queen! I'm in for five bucks!!

...and Fred is gonna be rudely disappointed when he gets to the pearly gates and Saint Peter says, "Fred WHO? Hahahahah! Sorry!"
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Military Brat Donating Member (999 posts) Send PM | Profile | Ignore Thu Jan-01-04 01:37 PM
Response to Original message
2. Their adopted "son" is a neo-Nazi, true, but what's really bad ...
is that the sales of Canario dogs increased substantially when people found out how vicious they are. Go figure.

And here's a lovely photo of the dog's owner. Do you think someone with this attitude on her face will ever express regret?

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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 01:40 PM
Response to Reply #2
3. The judge in the case also overruled the jury
Edited on Thu Jan-01-04 01:41 PM by Brian_Expat
The jury found her and her hubbie guilty of 1st degree murder and ordered life in prison for both.

The JUDGE overruled them and gave them both crappy little sentences. Now Knoller, less than three years after killing poor Diane, will walk the streets a free woman. Why? I'm sure the fact that Diane Whipple was a lesbian had nothing to do with it. :eyes:

This is why we need hate crime laws. Without them, gay people get the short end of the stick on cases like this.
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LMacNeill Donating Member (9 posts) Send PM | Profile | Ignore Fri Jan-02-04 02:59 PM
Response to Reply #3
294. Hate Crimes?
You think we NEED Hate-Crime laws?!

So, you're telling me, as a straight, white male under the age of 40, my life is worth LESS than Ms. Whipple's life? If someone's dogs maul & kill me, the owners should receive only 3 years in prison for manslaughter -- but if I were gay, or black, or old, they should get 25-to-life for 1st degree murder? That's the very reason we DON'T need Hate-Crime laws...

One life is NOT worth more than another -- whether that person is gay, straight, white, black, old, young, male, female, etc...

Laurence MacNeill
Atlanta, GA
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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-02-04 03:06 PM
Response to Reply #294
296. The reason a crime is committed matters
Otherwise everyone would get the same punishment if they caused someone's death, whether accidental or not. Is someone who was dead because of 2nd degree murder worth any less than someone dead because of a 1st degree murder? If I accidently run over someone who ran in front of my car, do I get Murder 1? Does that mean their life was worth less because I don't go to jail, or only go for a short time? Punishment does not always speak to the worth of the victim.

I used to hold that same opinion. But, hate crime legislation acknowledges that sometimes people are killed simply for being a member of a minority. It is a form of terrorism, and enacting special laws for that are necessary and right.
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salin Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 01:45 PM
Response to Reply #2
5. when I saw this picture
it reminded me of this...



And while these are intended to be cute - some trolls are said to have a nasty spirit... making the match seem a bit closer.
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ElsewheresDaughter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 01:49 PM
Response to Reply #5
6. salin.....ding ding ding!!!!...thanks
Edited on Thu Jan-01-04 01:50 PM by ElsewheresDaughter
:loveya: well done
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 01:42 PM
Response to Original message
4. The 'attack' dogs ripped apart poor Diane Whipple............
because she was a lesbian?

How much time should someone who is convicted of involuntary manslaughter recieve? 25 to life? Perhaps you'd be happier if she had recieved the death penalty....I'm sure Mr. Bush would agree.
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RebelOne Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 01:51 PM
Response to Reply #4
7. I don't think the dogs could differentiate that she was a lesbian.
But they have already paid the price and received the death penalty. I think that the sentence for the dogs' owners should be some time in jail for owning such vicious animals and not keeping them under restraint.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 01:57 PM
Response to Reply #7
12. I agree, but I don't think that this was murder.............
Edited on Thu Jan-01-04 02:01 PM by BigDaddyLove
and I certainly don't think there was intent to kill because the victim was gay.

It was a horrible, horrible accident which could have been avoided; not a murderous hate crime.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:06 PM
Response to Reply #12
15. It wasn't an accident at all
The dogs regularly menaced the 98-pound Whipple, when with their owners. Another time, the dog chased her into her apartment and the male in that disgusting couple LAUGHED. The dogs regularly lunged for her, growled, etc. In letters to their adopted Nazi "son" in prison, they joked regularly about the dyke down the hall who was terrified of their dog.

There was a pattern of threatened violence and then the violence happened.

A dog, trained to kill, attacked a poor lesbian woman in a high-density apartment building in a city where attack dogs are illegal. This was no "accident."
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:16 PM
Response to Reply #15
21. Look..........
This was an accident.

A woman was mauled by dogs, the dogs were put to sleep.....but SOMEONE had to pay; afterall, the 'victim' was a LESBIAN, so therefore it MUST have been a hatecrime.

Enter two disheviled, white trash, easy to demonize dog owners, add immense pressure from gay rights groups, and viola you have a murder trial.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:19 PM
Response to Reply #21
24. THIS WAS NOT AN "ACCIDENT"
They TRAINED their dog to terrorize this poor woman.

They wrote to their "adopted son" in prison and joked about funny it was to terrorize that "dyke down the hall" with their dogs.

Then, finally, the dog attacked and killed her.

That's murder.

This is not an effort to "villainize dog owners." If you train your dog to terrorize a person, and that dog finally kills that person, YOU ARE A MURDERER. Period.
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foreigncorrespondent Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:00 PM
Response to Reply #21
240. I might be Australian...
...but damn it, my partner lives in San Francisco. I also happened to be there when these dogs killed Dianne.

It doesn't matter that Dianne was a lesbian in the end result. These dogs were trained to kill. Dianne and her partner were both terrified of these dogs. Other people in the apartment building were terrified of these dogs. The ruthless owners of these dogs knew they had a couple of weapons with these dogs. The used to terrify people in the neighbourhood with these dogs.

You obviously don't know the full extent of the case, otherwise you would understand, that the whole court case was suspicious, and the killing itself was suspicious.

Now, Dianne happened to be a well respected lesbian in the community. The owners of these dogs did in fact write some slanderous things to their "son" about the dyke down the hall. It also came out that this couple was indeed homophobic.

All the facts are to be found if you read about the story, my friend.

No one is going off about dog owners at all. But these two were irresponsible with their dogs. Since when do you lock such big dogs up in an apartment?

When you have irresponsible dog owners, then this is when these kinds of things do happen.

And for the record, I happen to be a dog lover. I have also been the owner of some dogs, one in particular was trained to not allow anyone on the property without a member of the household present. I certainly was very cautious with that dog, because I knew if she got out, and attacked, it would be my head. And rightly so, I am her owner.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:22 PM
Response to Reply #240
246. If one of your dogs got out and killed someone.........
you'd be charged with Manslaughter.

Just like these two were.

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Liberal Veteran Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:48 PM
Response to Reply #246
257. Unless of course it could proven, as it was to a jury that was overruled..
...that you specifically trained the dogs to kill and they did exactly that.

Not every dog mauling is a murder, in fact, most aren't.

The dogs are simply the weapon used to commit the crime. Are you really trying to argue that it's impossible that the dogs could have been used as a murder weapon?
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:28 PM
Response to Reply #257
268. Again..............
the jury's verdict is immaterial, and shouldn't be used over and over again to bolster this argument; the defendants were convicted of Manslaughter. Damn.

When have I said anything about what these dogs 'could' have been used for? I'm saying they WERE NOT used to 'murder' Diane. You however seem to insist that you 'know' that they were. And further that you just 'know' that this was a hate crime directed at Diane because she was a lesbian.

Did they ever walk up to Diane and say "I hate you because you are a Lesbian?" Unless the definition of a hate crime is thinking racist or homophobic thoughts and expressing them to your family, then where is the evidence?





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foreigncorrespondent Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:49 PM
Response to Reply #268
276. They were convicted of manslaughter, yes...
...but they were charged with MURDER. And murder was proven, but the judge backed down.

We are talking about a queer judge here, who truly let down the LGBT commnunity.

Are you queer, my friend?
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foreigncorrespondent Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:44 PM
Response to Reply #246
275. Well that does depend on the circumstances...
...if my dog got out, and killed someone, yes I would be held accountable, and charged with manslaughter. BUT, if I trained my dog to kill, and I would terrorize the neighbours with that dog, so my dog didn't know any better. Then my dog out and killed, I would again be held accountable, only this time, I would be charged with murder, because I used my dog as a weapon.

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MISSDem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-02-04 01:26 PM
Response to Reply #7
291. Dogs are not born viscious, they are
made that way by humans
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 01:52 PM
Response to Reply #4
8. Those dogs were trained to attack
And the jury found that Knoller DIDN'T call off the dogs when they attacked.

But I guess it's OK to have your dogs who are trained to kill actually kill people. If they're lesbians.

The judge overruled the jury and tried to argue it wasn't murder. So now someone who murdered someone goes free.

The irony being, if someone had stolen Whipple's car, he'd STILL BE IN JAIL. You don't think that's screwed up?
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 01:59 PM
Response to Reply #8
13. I don't think there's a murder here...............sorry.
Edited on Thu Jan-01-04 02:02 PM by BigDaddyLove
In fact I think the only reason that there was any prison time at all, was because a gay person was killed and the 'defendants' were easy targets.
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Orangepeel Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:33 PM
Response to Reply #13
88. question: are you disputing Brian_Expat's description of the situation
and saying that the couple did NOT repeated let their dog terrorize "the dyke down the hall" or do you accept that description and still believe that there should have been no prison time?
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:36 PM
Response to Reply #88
89. Don't take my word for it. . .
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:52 PM
Response to Reply #88
95. I'm saying.................
that who cares whether or not these people thought this woman was a Lesbian, there isn't enough evidence to convince me that they knowingly trained their dogs to attack and kill Diane because of this fact (or any other fact for that matter)......if there was, then it would be murder; in my view it was an unfortunate accident, which should have been prevented. The owners of the dog were negligent and got what they deserved.

For this to be murder there would have to be malice aforethought on the part of the owners, in the absence of such, the most this is is an accident.

I simply refuse to elevate this accident to a murder commited in the name of hate, just because the victim happened to be gay; which is what Brian appears to want everyone to do.

The fact that the prosecutors went with Murder as the original charge comes as no surprise given the climate surrounding the case at the time and the fact that prosecutors routinely overcharge in hopes of getting the defendant to plea out to a lesser charge.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:01 PM
Response to Reply #95
103. Heh. . .
Edited on Thu Jan-01-04 04:03 PM by Brian_Expat
that who cares whether or not these people thought this woman was a Lesbian, there isn't enough evidence to convince me that they knowingly trained their dogs to attack and kill

One of the findings was that the dogs were trained to attack and kill. The question was whether they knew they'd kill even when not ordered. The jury ruled that the constant encouragement of the owners to the dogs to lunge at and menace Whipple amounted to an inducement to murder. The judge disagreed.

It is clear that they knew Whipple was a lesbian, it was also clear they knew Whipple was regularly threatened by the dogs (who regularly lunged, attacked, etc.) They also knew Whipple took a separate elevator just to avoid the dogs.

After the attacks, their lawyer even tried to say Sharon Smith, Whipple's partner, must not have loved her enough to protect her because she knew the dogs were threatening her but refused to change apartments. In other words, Noel and Knoller's lawyer even admitted in court that they knew their dogs were regularly attacking and threatening Whipple, but that it was Smith's responsibility to protect Whipple from being killed by them, not theirs. See this link for more details: http://www.datalounge.com/datalounge/news/record.html?record=19349

Here's a quote:

Judge James Warren chastised Ruiz and ordered her to appear in May to face contempt charges for violating court issued gag-rule guidelines and for publicly attacking the credibility of a witness.

The week previous, Ruiz elicited gasps in the courtroom when she asked Smith under cross examination if she didn't share part of the blame for Whipple's death by not calling in complaints on the animals.

In her closing statement, Ruiz held up a bag containing a bloody, shredded sleeve from the sweatshirt that Knoller was wearing the day of the attack, Jan. 26, 2001. The defense introduced the torn sleeve as evidence Knoller attempted to intervene in the attack against Whipple.

"Why would he (prosecutor James Hammer) hide this from you?" Ruiz demanded. "Maybe he wants to curry favor of the homosexual and gay folks who are picketing at 2398 Pacific (where Whipple lived) and demanding justice for Diane Whipple. Maybe that's his excuse."

Disgusting.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:20 PM
Response to Reply #103
123. Wait a minute...............
They didn't call in complaints on the animals and refused to change apartments?

Now that's interesting.
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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:30 PM
Response to Reply #123
138. Read carefully
It was implied by the defense attorney, who was subsequently chastised by the judge, that the victim's partner refused to change apartments or complain about the animals. Not the victim herself. They are two separate entities.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:45 PM
Response to Reply #138
156. Either she did or she didn't................
doesn't matter who brought it up.

If she did all that she could do to report and get away from the dogs, then that's one thing; but if not, then that's something entirely different.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:46 PM
Response to Reply #156
158. She reported the dogs to police and the property company. n/t
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:56 PM
Response to Reply #158
169. So then why aren't you bitching..............
about the fact that no-one did anything to save Diane?

Why aren't you demanding that the property manager be tried for murder as well? After all they could have done something to avert the danger, could they not?
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:58 PM
Response to Reply #169
170. The inaction of the police helped
But it was the hatred towards Whipple by the murderers, who encouraged their dogs to attack her, that did her in.
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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:14 PM
Response to Reply #169
181. That's unfair
As I posted earlier, the dog owners were both lawyers and we all know lawyers have many different ways to block actions that they disagree with.

Until I know conclusively that the building owners did nothing to try and get rid of the dogs, then I have to assume that legal wrangling temporarily prevented them doing so.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:28 PM
Response to Reply #181
188. With all the talk of facts being banded about............
in this thread, I'm surprised assumptions are being considered.

No one seems to question the assumption that these owners knowingly commited a hate crime, and yet there it is, just an assumption.

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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:31 PM
Response to Reply #188
190. It's not an assumption they committed a hate crime
It's a proven fact in court that was accepted unanimously by a jury who were convinced by the overwhelming evidence presented by the prosecution and convicted Knoller of murder.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:23 PM
Response to Reply #190
217. ......and then..........................
their verdict was thrown out and replaced with the proper verdict.

:party:
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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:43 PM
Response to Reply #188
199. Actually...
When you consider their correspondence and statements to the press, not to mention their association with white supremasists, why would you question their such obvious hate towards the victim? They expressed it quite succinctly in their letters to their adoptive son.

As far as hate crimes go, I see quite a split on this thread. Your assumptions about everyone/no one is as irrational as the assumptions you claim everyone else is making.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:33 PM
Response to Reply #199
223. I have a certain amount of animosity towards..............
Republicans at the moment (I might even be considered a Democratic Supremacist), but it doesn't necessarily follow that I want to see them dead.

Which assumptions of mine are irrational?

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TorchTheWitch Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:02 PM
Response to Reply #158
241. no she didn't and neither did anyone else
Edited on Thu Jan-01-04 07:13 PM by TorchTheWitch
I remember following this story as I have a large dog myself and was naturally curious about this whole affair. The one thing that was very odd about this case is that with all of the people that testified about the bad behavior of the dogs, no complaints were ever filed by anyone with the police or animal control. In fact, the mother of Diane Whipple lost her suit against the landlord for that reason. Diane was bitten on the hand by one of the dogs in the days or weeks before the attack that killed her and she never made a complaint to anyone that could be verified in any way. Diana's partner, Sharon, never made any complaints either.

http://www-cgi.cnn.com/TRANSCRIPTS/0203/20/cf.00.html

Carlson - Questioner
Cardoza - Prosecution
Ruiz - Counsel for Defendant, Knowler


CARLSON: But how many reports were filed with the police? None. Animal control? None.

CARDOZA: OK. Let's talk about that.

CARLSON: I mean, you say reports, but are they really reports? Nobody notified the authorities of these dogs' aggressive behavior.

CARDOZA: They don't have to notify the authorities. Let's talk about that. A dog almost bites you, almost bites one of your children? You report that to the police? I was a district attorney for over 13 years. I've tried over 30 homicides, both as a defense attorney and as a prosecutor. I know what happens. You report that to the police, the police go wait a minute. "You're telling me you were almost bitten. Thanks for the report and see you later."

CARLSON: Now wait, Mr. Cardoza, you can blame the police, if you like, but the fact is...

CARDOZA: I'm not blaming the police.

CARLSON: People believe these dogs were a threat to human life, somebody it stands to reason, would've reported it, correct?

RUIZA: These people didn't even phone their -- these people didn't phone the building manager.

CARDOZA: Go ahead, Nedra, keep going. This is like court. They're you go again. Here is what Noel and Knoller knew.

RUIZ: These people didn't even tell the building manager.

CARDOZA: They knew of all the people in the world that there were instances...

RUIZ: How could they know if people didn't complain to them?

CARDOZA: Nedra, they were there, that's how they knew. I know that you might...

RUIZ: They were there restraining the dogs.

CARDOZA: You're right, they were restraining the dog, which put them on notice.

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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:52 PM
Response to Reply #156
166. The victim is not the same person as her partner
Like I said, you must read carefully. The aspersions that were cast by the defense were aimed at the victim's domestic partner, blaming her for not making complaints. The victim herself did make complaints regarding the dogs.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:00 PM
Response to Reply #166
171. Understood..............
but if in fact the threat was so real, why didn't the partner make complaints and decline to move out of the apartment next door to such an obvious danger?
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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:04 PM
Response to Reply #171
173. Perhaps
Her partner felt that it was wrong and unreasonable to expect them to vacate their apartment because of another's disregard of the law?

Maybe moving would have been safer, but once again, blaming the partner for not wanting to smacks of blaming the victim.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:33 PM
Response to Reply #173
192. Perhaps..............
but if I am in the same shoes as Diane and her partner and the threat was as clear and present as is being presented here then I think I would do whatever was necessary to stay safe.

If in fact they didn't feel it was imperative to get themselves out of harm's way by any means necessary, then why should we believe that they felt so endagered in the first place?
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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:58 PM
Original message
So is what you are saying...
That since the victim did not behave as you would have that the incident is her fault? Wouldn't it be reasonable for the victim to believe that the owners would not willingly allow their dogs to maul her to death while one of them watched?

For example, I live in a high crime area in Chicago. I could move elsewhere, but for many reasons, I choose not to. Now, if I'm walking up to my house and I am shot dead by a drug dealing gang-banger who mistook me for another drug dealing gang-banger he's fighting with, is it my fault because I live there? Does it matter if I was a member of neighborhood watch, or if I called police regularly to complain about the dealing on my corner? Does it change anything if I took every precaution possible short of moving to insure my safety? Either way, I'm still dead and the drug dealing gang-banger still killed me.

What you would choose to do in her situation is not necessarily what others would choose. Once again, using yourself as a barometer of reason is not an objective or accurate analysis of the situation.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:08 PM
Response to Original message
212. Who should I look to to form my analysis of a situation?
If not myself and my own experiences?

If I lived in a situation like you do, and for whatever reason didn't get myself out of the line of fire and something happened to me, then on some level I would have to share the responsibility of what happened.

No one is making you stay where you are, and you fully recognize the potential danger of your situation. If in fact you've taken every precaution avilable (calling the police etc.), and still you were not safe, but you neglected to do the one thing that would ensure your safety (moving to a better area), then yes you would be partially responsible for your getting killed.

Kinda like when you know the oven is hot, and yet you insist on touching it....more likely than not you will get burned.
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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:29 PM
Response to Reply #212
221. Here's the fatal flaw in your argument
There is no such thing as a safe place, particularly in an urban environment. Bad things happen everywhere and often times, more violent crime occurs in neighborhoods where it is not expected. An example of this is Chicago's recent wave of rapes in two more upscale communities. Your metaphor about the stove would only apply if I engaged in reckless behavior and continued to do so after being hurt. Since supposedly, I exercised caution and prudence, the comparison is not valid.

To follow your arguments logic, then everyone is responsible for everything that ever happens to them, as they could have either been somewhere else, done something different or made a different choice. Unfortunately, we do not live in a vacuum and other people's choices and decisions also affect what happens to us.

It's also very presumptious to assume that I do not have valid reasons for not moving. Since you do not know me or much about my personal situation, you couldn't possible judge my reasons for staying here as valid or invalid. Think beyond yourself your own experience, and try to imagine why someone might choose to continue living in a neighborhood that is considered dangerous.

People have a right to expect not to be shot as they enter their homes, no matter where they live. Women have the right to expect to not be raped, no matter what neighborhood they live in or what clothes they wear. Finally, people have a right to expect not to be mauled to death by their neighbors dogs when they come back from the grocery store. End of story.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:43 PM
Response to Reply #221
227. There is no flaw in my argument thanks...............
I was responing to a situation that you laid out for me in which you painted a picture of living in a dangerous neighborhood and the possibility that living there could result in you being killed because of a mistaken identity made by a drug dealer. I suggested that if faced with a similar situation I would (after having exhausted all other options) leave and move somewhere else where the prevalence of such an event occuring is minimized.

And yes, we are responsible for a great deal that happens to us, and to pretend otherwise is irresponsible.

Further, I could care less about YOUR particular reasons for not moving; you asked ME what I would do in similar circumstances, and MY answer is what you got.

Of course people have the rights you listed, when did I ever say they didn't?

Thank you for ending the story for me, that was very kind of you.
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TankLV Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:15 PM
Response to Reply #227
265. Oh I hate myself for this, but I have to agree with BDL on only the
"responsibility" part.

I don't agree with any of his other points, but on this he is, unfortunately, correct.

What people here are confusing is "responsibility" with "blame" or "fault".

We are entirely in control of our lives. Hense the responsibility. It is not the same thing as being "at fault" or "to blame". And I am talking about adults interacting with other adults. It's not applicible to the circumstances of one's birth, or childhood, which one has little, if any control over.

Example:

If I didn't choose to go to a certain ATM, in a certain neighborhood, or at a certain time, I wouldn't have been robbed/raped/or shot. It was my choice to be at that place at that time. It's that simple.

Is it my "fault" I got robbed/raped/or shot? No. Is it horrible. You bet. But I made the choice. It was therefore my
"responsibility".

I can "choose" to stay and fight instead of run, but it is my
"choice", therefore, since no one else can make my choices for me, it is my choice, hence, my responsibility for making the decisions I do. No one elses.

In that narrow definition, BDL is technically correct.

Was it a hate crime. Definitely. These people are monsters.

Instead of insisting on being "right" or fighting for her rights, and remaining in that apartment after the history of these horrible creatures, the women involved are entirely responsible. Doesn't mean they should be the ones to move. They are just responsible.

Did these creatures in effect use these dogs to kill that woman, like a gun or poison or a knife, you bet. They should have been locked away for life. The intent to kill, or at least cause bodily harm, is proved by the refusal to limit what their dogs did, to try to rectify the situation once it began, and to do nothing till the dogs "completed" their task to the satisfaction, yes, satisfaction - the outcome was celebrated, of their owners.
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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:35 PM
Response to Reply #265
269. Don't hate yourself Tank!
I sure don't. Though I do disagree with you somewhat.

We would be in complete control of our lives if we lived in a vacuum. However, other people can and do affect what happens to us, no matter what we do. How could the citizens of Hiroshima have avoided getting bombed? Sure they could have lived somewhere else, but their choice of residence had nothing to do with the choice of another person(s) to drop a nuclear bomb on them.

Our choices affect our lives, they do not always control them, since we cannot control or at times, even predict what others will do. Whether you like it or not, other people impact our lives, sometimes with devastating effects. Your choice to use the atm in the "certain neighborhood" could have just as easily resulted in no crime being committed. I live in such a neighborhood and use an atm all the time. It was the other person's choice that makes the difference. And you have no control over that person's actions, no matter how much you might wish you do.

Personal responsibility cannot be extended to include other's decisions and actions unless you are expertly able to determine what actions others will undertake and even that is never certain. I may think the guy walking down the street while I'm at the atm is a mugger and make my choices accordingly. It wouldn't mean I was right about him, or that I would be able to stop him from mugging me if he so chose.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:02 PM
Response to Reply #166
172. Fascinating how they're trying to dodge responsibility here
Edited on Thu Jan-01-04 05:03 PM by Brian_Expat
It's the victim's fault, she didn't move.

It's the victim's fault, she didn't slam the door.

It's the victim's fault, she didn't force the police to force the perps to stop encouraging their dogs to attack her for their amusement.

It's the victim's spouse's fault, she didn't complain to the police after the victim made numerous complaints.

It's the SF gays' and lesbians' fault, they "forced" the prosecutor (in Los Angeles, NOT San Francisco, where the crime took place) to bring up harsh charges.

It's not the perps' fault, despite the fact they taught their dogs to kill.

It's not the perps' fault, though they took pleasure in Whipple's terror and encouraged the dog to be hostile and attack her.

It's not the perps' fault, though they used to walk their dogs whenever they heard Whipple's door open, to continue terrorizing her.

It's not the perps' fault, despite the fact that the dogs savaged Whipple for 10 minutes before Knoller intervened or called police.

The only innocent people in this case are the poor defendants, who should not take responsibility for their actions. It's everyone else's fault!
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:46 PM
Response to Reply #138
157. That's right. Further. . .
Whipple and her partner had made multiple complaints to the police (and nothing was done). They also complained to the property rental company (and nothing was done). The dogs were there illegally (SF law forbids dogs trained to kill), and also in violation of the rental agreement.

Further, I recall hearing that the Whipple-Smith family lived in the building before Noel and Knoller moved in with their dogs.
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knight_of_the_star Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:28 PM
Response to Reply #95
251. The only evidence that would exist would be an admission by the defendants
Edited on Thu Jan-01-04 07:28 PM by knight_of_the_star
Nuf said.

The fact that the dogs were trained killers and were known to terrorize the victim coupled with the known homophobia of the couple is enough, thank you, to establish intent. It shows that there was a pattern involved, and these are NASTY dogs we're talking about here. I wonder if you would go up to Diane's loved ones, friends, and neighbors and tell them that this was "an unfortunate accident that could have been avoided."

It says something when in this country someone can get more time for possession of a kilo of pot than murder.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 01:55 PM
Response to Reply #4
9. Suppose I collected small bombs for a hobby
And one of them went off "accidentially" and killed a neighbor.

What's the difference between that and owning two illegal dogs trained to kill in a high-density apartment building in San Francisco?

Why can't more Democrats support personal responsibility in cases like this and understand that yes, it IS murder? The jury had no trouble seeing that fact -- before they were overruled by the judge.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:00 PM
Response to Reply #9
14. Personally responsibility would be................
keeping your ass away from a 100 pound 'attack' dog.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:07 PM
Response to Reply #14
16. Unreal
So if someone moves into your building down the hall with an ILLEGAL attack dog and menaces you, and you complain and nothing is done, when you eventually are killed, it's your fault and the people who trained the dog to kill, thought it was funny when the dog tried to attack you in the past, and refused to call it off after it attacked are blameless. Great. :eyes:
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:19 PM
Response to Reply #16
23. No, it's only their fault if I'm gay.........................
because we all know that gay people are perennial victims and can't possibly do things like call the f**king police about the illegal attack dog.

I was a f**king accident.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:21 PM
Response to Reply #23
26. Oh man
You're right. The dog they trained simply to attack and terrorize the poor woman BECAUSE she was a lesbian finally "accidentally" killed her, but it wasn't because she was a lesbian. OMG.

Not only did Whipple call the police, multiple times, but she also complained to the building owner about the illegal attack animals. Nothing was done. But that's her fault -- she should have just moved (despite not being able to break the lease) rather than have her civil rights respected. And when the trained attack dog who was encouraged to terrorize her finally killed her, it was her fault. OMG.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:23 PM
Response to Reply #26
30. For God sake..................
you actually believe they trained this dog to attack Diane because she was a lesbian?
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:28 PM
Response to Reply #30
33. They trained the dog to attack
It regularly attacked people.

They allowed it to attack and menace Diane several times BECAUSE she was a lesbian.

Finally, when it attacked and killed her, they claimed it was an "accident." The jury didn't agree.

These animals were menacing killers trained to kill, who regularly lunged at and attacked people. They were encouraged to menace Diane Whipple, the "mousy blonde" dyke. Finally, they KILLED her.
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Serenades Donating Member (282 posts) Send PM | Profile | Ignore Thu Jan-01-04 02:23 PM
Response to Reply #14
29. What are you talking about?
No offense but you have no idea what you are talking about. In some neighborhoods, the police, animal control, or whoever won't do a damn thing about terrorizing dogs. On my street, the neighbors across me have two huge violent dogs and the neighbors next door have ten to twelve dogs that turn over trash, chase children down the street, and tear up things. The police, sheriff, and animal control said they won't do anything unless someone is bitten or killed. Keep in mind these dogs just roam around the street unrestrained, there is no fence, or whatever. How is it my fault that THEIR dogs run around the neighborhood doing whatever?
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:30 PM
Response to Reply #29
34. Unfortunately
Edited on Thu Jan-01-04 02:45 PM by Brian_Expat
Some people think the right to own vicious attack dogs that have a history of attacking people and that murder someone outweighs the right of other people to be safe in their homes and on the streets.

Personally, if any dog menaces my children, me, my partner, or anyone else I see, that dog will end up dead and buried and NOBODY will know what happened to it. After all, look at what happened to poor Diane, regularly menaced by the dog (whose owners allowed it and JOKED ABOUT IT because she was a lesbian).
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Serenades Donating Member (282 posts) Send PM | Profile | Ignore Thu Jan-01-04 02:40 PM
Response to Reply #34
43. hmmmmm
It looks like I clicked on the wrong name when I responded. I didn't mean to tell you that "you have no idea what you are talking about."
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:43 PM
Response to Reply #43
46. No, it was me.............
you clicked on the right name.

And you're right, I don't have any idea what I'm talking about.
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FlaGranny Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-02-04 04:39 PM
Response to Reply #46
301. This is the first post you made that
Edited on Fri Jan-02-04 04:40 PM by FlaGranny
I agree with.
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JackDragna Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:45 PM
Response to Reply #34
91. I can tell you this, Brian..
..if I were your neighbor and a threatening dog disappeared in the neighborhood, not only would I not care what happened to it..I'd help dig the hole.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:51 PM
Response to Reply #91
94. Amen brother
Communities stick together against threats. That's what America is all about. :)
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:55 PM
Response to Reply #94
96. Yep, even when they're wrong...............
nothing like clogging up the courts with nonsense and then being pissy when things don't go your way.
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bloom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:37 PM
Response to Reply #96
272. Unbelieveable.
Not only was the victum at fault for being killed, according to you, she is also to be blamed because there was a trial.



___
You must be getting quite a kick out of all the attention you are getting for being so ridiculous.
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mitchtv Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:58 PM
Response to Reply #14
58. what a laugh
it was the victim's reponsibility to hide in her home.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:05 PM
Response to Reply #58
64. Well. . .
Edited on Thu Jan-01-04 03:06 PM by Brian_Expat
You're being unreasonable. Her right to not be threatened, lunged at, menaced, and mauled to death unfairly trumps the rights of dog owners. :eyes:
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 06:41 PM
Response to Reply #64
225. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:23 PM
Response to Reply #58
83. Not really.............
but the original post to which I responded referred to personal responsibility, which means taking responsibility for one's actions.

Whenever I see a giant dog that doesn't look particularly friendly I stay away form it......lo and behold, I haven't been eaten by one.
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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:57 PM
Response to Reply #83
99. You must admit
That that would be rather hard to do in a small apartment hallway with the dogs living two doors away from your door.

While I don't necessarily believe that all the assessments of the case that are being recounted here, I do believe that there was intentional malice in the dog owner's actions before and during this woman's death. Whether it was because she was gay or because of some other random reason, I couldn't say.

Having read extensively about the case, I do know that the victim did contact authorities regarding the animals, as well as complaining multiple times to the landlord and property managers. I think to suggest that she should have merely just "stayed away" from the dogs is unrealistic at best and offensive at worst. In an urban living situation, it is relatively impossible to avoid your neighbors. Suggesting that it was her fault by not getting away from them is frighteningly similar to suggesting that a rape victim is responsible for their rape, since they were wearing provacative clothing, or walking in the wrong neighborhood. Blaming the victim tarnishes us all.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:09 PM
Response to Reply #99
110. And the case itself was rife with gay-baiting
According to the defenders of the dog-owners, the fact that Whipple is a lesbian has NO RELEVANCE -- until the actual case. Then they screamed their heads off about how the evil Pink Mafia was forcing the prosecution to persecute these two fine, upstanding citizens and encouraged the jury to send the powerful "gay and homosexual" lobby a message by acquitting them.

Lovely.
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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:28 PM
Response to Reply #110
134. There was quite a lot of manipulation by the defense
Their attorney was quite a piece of work. She appeared willing to say anything to get her face on the evening news. She was truly revolting.

I do remember quite a lot of letters being introduced into evidence that mentioned the victim's sexuality. The dog owners were white supremasists, so I would have to assume that they pretty much hated anyone except themselves.

While the victim was a gay woman, I would tend to believe that it could have just as easily been a black person or any a member of any other group they considered "sub-human". To me, that's the soul of the problem with specific hate-crime laws. Isn't all murder a "hate-crime"?
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:49 PM
Response to Reply #110
161. Yep...............
sounds about right.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:10 PM
Response to Reply #99
112. You are right.........
I am (was) wrong.

If in fact as you suggest Diane contacted the authorities, landlord and property manager then why is none of this 'murder' blame being spread around? The above mentioned people were clearly in a postion to make sure that an accident such as this never happen, so why did they do nothing?

Or should all of the blame rest on the shoulders of the dog owners?
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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:21 PM
Response to Reply #112
125. Well. the dog owners were lawyers
My experience with lawyers has been that they are excellent at dragging things out and eventually getting what they want. Who knows what legal maneuvers they pulled to keep the dogs in their apartment?

Just so you know, I am still torn by my feelings towards this case. Being a responsible dog owner, I do tend to blame the two lawyers for the victim's death. I do agree that animal control and the property owners should share some of the blame for allowing the couple to reside in a two bedroom apartment with a couple of dogs that are larger than many people.

From what I gleaned about the couple, they were very much in tune with their dogs (somewhat too in tune, if certain pictures of the wife and the dogs are considered) and knew fully what their dogs were capable of and encouraged it. Legally, I don't know if that constitutes murder, but emotionally, it sure feels like it to me
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:34 PM
Response to Reply #125
143. A very well reasoned post.....................
Emotionally yes, it does feel like they should be more responsible than they were found to be, but in reality (and according to the law) they were not.

I think this is why people react so strongly one way or the other when this case is brought up; it's sad when someone dies accidently, especially when it was senseless and could have been easily prevented.
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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:43 PM
Response to Reply #143
152. I differ in the use of the word *accident*
Perhaps I'm arguing semantics, but I don't feel that this really qualifies as an accident, since the dog owners were fully aware of the violence their dogs were capable of and appeared to welcome and encourage it. Perhaps "gross negligence" or "manslaughter" is more appropriate.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:47 PM
Response to Reply #152
159. The dog owners. . .
Edited on Thu Jan-01-04 04:48 PM by Brian_Expat
1) Trained their dogs to kill. . .

2) Encouraged their dogs to attack Diane Whipple and took great pleasure in her fear because she was a lesbian. . .

3) Claimed that when the dogs attacked and killed Diane Whipple (as they were trained to do when attacking) that it was an "accident."

Some "accident."
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:54 PM
Response to Reply #152
167. They recieved manslaughter................
involuntary though it may have been, they were still found guilty in the death of another human being.

I think they got what they deserved, not less.
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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:09 PM
Response to Reply #167
176. Why do you believe it was involuntary?
Doing nothing except watching for ten minutes while your dogs viciously maul another human being could be construed to mean they wished her harm and/or death, couldn't it?
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:17 PM
Response to Reply #176
182. It could I guess...................
but having never watched my dog rip apart another human being, I have no idea what was going through the owners head, or why nothing was done; any idea put forth regarding what was going through her head is a guess.

But to answer your question, I believe it was involuntary because there was no evidence to suggest that these particular owners planned to end the life of another person via their dogs. Having dogs that could potentially cause great harm doesn't make you guilty of anything. If those same dogs do indeed cause such harm, then I can see how you could be sentenced to manslughter....which is what happened in this case.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:25 PM
Response to Reply #182
186. Of course it's not her fault
The dogs chewed and bit and tore for 10 minutes, with Whipple's shrieks echoing throughout the apartment. Knoller sat and watched, and didn't try to intervene until after Whipple was dead, at which point the dogs tore at her sleve.

Whipple's windpipe was crushed and bitten through by the dog that Knoller and Noel taught to kill and then encouraged to growl, lunge, and attack Whipple every time she went outside of her apartment, in an effort to terrorize her due to her sexual orientation.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:37 PM
Response to Reply #186
195. If in fact the attack was as brutal...............
as you've illustrated, complete with a vicious wild-eyed 600lb trained killer dog, what would you have done to end the attack? Was not the owner also a woman and not a 230lb man?

Should the owner have smacked the dog with a newspaper to end the attack?
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:39 PM
Response to Reply #195
196. Oh, I dunno, how about. . .
Edited on Thu Jan-01-04 05:41 PM by Brian_Expat
. . . calling off the 140 lb dogs before they attack the 98 pound woman?

Or calling the police and asking for help, rather than leaving a passer-by to call the police?

The reason she didn't do the former was because Knoller was letting the dog attack, lunge at and intimidate Whipple as she and Noel normally did. They enjoyed seeing her scream and run away -- they got a kick out of teaching that lesbian a lesson.

It's just that day, rather than just growl, lunge, and bite a few times as usual, the dog killed her.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:51 PM
Response to Reply #196
204. As the day goes on................
your numbers keep changing.

First the dog weighed 120lbs, and now it's up to 140; you also keep referring to Diane as weighing 98lbs and yet in one of your links she was reffered to as weighing as much as the dog (120lbs). Not that that's incredibly important or anything but it does get on one's nerves, just not nearly as much as your constant references to the 'fact' that Diane was killed because she was a Lesbian.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:00 PM
Response to Reply #204
210. You talked about a 600 pound dog
Heal thyself.

Though it's telling you jumped to semantics when I suggested that Knoller's refusal to call off the dogs led to Whipple's death. That's what the jury decided too, since Knoller and Noel let the dogs often run free or loose-leashed to terrorize Whipple.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:13 PM
Response to Reply #210
213. "The Jury, the Jury"...............
Edited on Thu Jan-01-04 06:17 PM by BigDaddyLove
Who cares what the Jury thought? They were (correctly) overturned by a Judge who objectively looked at the facts of the case and corrected what would otherwise have been a miscarriage of justice. The jury was probably filled with people like you who see a hate crime everytime someone cuts in front of you in line at the grocery store.


PS I only mentioned the 600lb dog because I wanted to help you gain more support for your agenda. ;-)
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Rex Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-03-04 07:53 PM
Response to Reply #195
303. They should have kicked the dam dog as hard as possible
maybe even jumped on it, screaming in its ear to 'STOP'. This is assuming that they wanted the person to live.

I own a very mean dog, he would probably kill anyone that jumped the fence in my backyard. If this were to happen and lets say I was outside and saw it...and did nothing...then I let my dog kill someone for trespassing. Should I be charged?
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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:32 PM
Response to Reply #182
191. I disagree
I feel that there was plenty of evidence to suggest that they intended their dogs to harm people. The dogs were in training to attack and kill, add that to their extremely aggressive nature (as testified to by their breeder) and their owner's encouragement of it, I do believe there is adequate reason to assume that the owners intended their dogs to behave as weapons, specifically to attack and kill tresspassers.

Possessing the dogs was not the crime they were being tried for, allowing and encouraging their dogs to commit violence is. They were shown to consistently either command, encourage or allow their dogs to harm other people and animals. This hardly makes the consequences involuntary.

I do believe that manslaughter was the correct charge, as murder in this instance would be very hard to prove. However, they stated, in writing, that they were encouraged and were pleased by the dogs' threatening and violent behavior, particularly where the victim was concerned. I believe that negates any "accidental" or "involuntary" judgement. Obviously, your feelings may differ. Legally, dog owners are considered responsible for their dog's actions, particularly if they are the cause.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:47 PM
Response to Reply #191
203. There's a big difference between training a dog..........
to attack and kill trespassers, and training a dog to kill a defenseless neighbor. People buy large dogs very often with the idea that such a dog will protect them.

The trouble is, that what they're intent in obtaining such a dog is hard to prove on way or the other. It's highly questionable that they bought the dog so it could kill Diane. There is no question that having one of these dogs is dangerous, especially in an apartment where the dog will have to come in contact with other people.

Being pleased that their dog acted 'mean' toward other people in no way negates the 'accidental' or 'involuntary' judgement that these two had to face. If I bought what I thought was going to be a guard dog for the express purpose of protecting my home and family, and every time it saw a stranger it's tail began to wag and it only wanted to kiss someone to death then I'd be fairly disapointed.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:55 PM
Response to Reply #203
205. The dog was trained to kill on command
The dog was allowed and encouraged to attack Diane. The dog was trained to guard meth labs and to "sic on command." It wasn't trained to kill only Diane.

They encouraged it to attack her regularly because she was a lesbian, which is why Knoller was so "shocked" when it started to kill her. She allows it to attack as usual, and then acts shocked when sooner or later, as is likely with any violent animal trained to kill, it decided to kill.

In the letters written to their convict "son" and conversations they had with others, the Noel/Knoller couple regularly bragged about how the dog had the little lesbian down the hall in absolute fear, how the dog used to lunge at her, bite her, and menace her to the point where one time she lost bladder control -- just a few weeks before it killed her. But they were "shocked" when the dog took their encouraged attacks to the next level they trained it to do? Give me a break.
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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:14 PM
Response to Reply #203
214. I can only assume from your post
That you have not bothered to read the court transcripts as of yet. The dogs were trained to be far more than guard dogs, they were trained to be killers. There training included commands in Germans, so that no one but the owners could call them off, were they to attack. They were also trained to attack and kill at their owners' command.

This is well beyond what is expected of guard dogs, which are trained to attack and repell tresspassers and attackers, while being quite able to wag their tail and kiss someone to death, if that person is not perceived to be a threat.

Bane and Hera's owners were fully aware of what their dogs were, they made them that way. They may not have bought the dogs so that they would kill Diane Whipple, but they did buy them so that they would kill someone. Why else would one of them stand by while their dogs mauled their neighbor to death?
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:29 PM
Response to Reply #214
220. So you're saying that they didn't buy the dogs............
to kill Diane, but that they did buy the dogs to kill someone? Another Lesbian perhaps?

Are you further asserting that they stood by and watched one of these dogs maul her to death beaming in the pride of a job well done? The completion of their mission? The culmination of their Dark Master Plan?
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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:46 PM
Response to Reply #220
229. I apologize
I had assumed that you were well informed about this case. I see that I was mistaken and apologize for confusing you.

If you care to take the time to read the court tv transcripts, the many myriad articles in the San Francisco Chronicle, NY Times, etc., etc., regarding the "extracurricular" activities of the dogs' owners, as well as their incarcerated adoptive son, then perhaps we could discuss this further. Unfortunately, since you don't seem to be aware of the background and details of this case, it is really pointless for me to continue to argue with you.

For if you had read the transcipts, evidence and public statements made by the couple, you would know that they did indeed take great pleasure in the misery their dogs inflicted
and bragged about their actions.

And yes, being white supremasists, it is reasonable to expect that the did actually have a "dark master plan" as you so sarcastically put it. As a matter of fact, "dark master plans" seem to be their modus operandi, wouldn't you say?

Either way, I've had enough of this argument. I prefer to discuss and debate with people who do their homework, rather than just keep spouting reheated libertarian anger. Peace out.

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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:53 PM
Response to Reply #229
235. Libertarian Hate.........Good one!!!!!.................
Edited on Thu Jan-01-04 06:57 PM by BigDaddyLove
I feel so...so...defeated.

Make sure you check under your bed prior to going to sleep tonight, there might be a group of Gay Bashing White Supremacists with Really Big Dogs under there waiting to do you in.



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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:06 PM
Response to Reply #235
243. Your sweet to be so concerned for my welfare
But since I'm white, heterosexual and have my own dog, I don't see that I'm in very much danger.

BTW, libertarian criticism is not libertarian hate. It is a very inefficient debate technique to cry "hate" or "bashing" every time someone expresses criticism, as I'm sure you've already discovered.

Sayonara!
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:28 PM
Response to Reply #243
252. Oh, I thought you left in a triumphant huff...............
It would seem that for me to have Libertarian anger (or Libertarian anything for that matter), I'd probably have to actually be a Libertarian. In the abscence of such a political leaning I'd have to confess that I have no idea where you got that from.

But I do appreciate the label.

Sayonara to you too!!!!!

:hi:
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TankLV Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:37 PM
Response to Reply #220
271. That is exactly what these creatures, the dog owners, did.
Read the transcripts.

Interview the neighbors and victum's partner.

You just don't get it.

And I'm not happy that Hinkley is getting out, either, for the same reasons.
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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:57 PM
Response to Reply #14
206. Training dogs to kill
Edited on Thu Jan-01-04 05:58 PM by Pithlet
and then doing little or nothing to prevent them from killing anyone, and in fact even using them to induce fear, is, at the very least, manslaughter. People have been convicted of murder before, for the very same thing. A woman had a rotweiler (sp?) who killed a little boy. The dog had been specially trained to kill, and had repeatedly gotten lose and the woman had been told to reinforce the fence containing it. She did not, and a little boy died. She was, i fact, convicted of murder and got quite a lengthy sentence. Was it the parents fault for not moving? People have a right to live without fear of being mauled by a dog, period.

If you're going to have a trained attack killer dog, it is your responsibility to take every precaution to make sure they are safely contained, and also not live in a close environment such as an apartment building where doing that becomes more difficult because of close proximity to other people. If you don't take those precautions, and someone dies because of it, it is NOT an accident, it is gross negligence, in the same vein that driving drunk is.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:03 PM
Response to Reply #206
211. What an excellent point!
Someone holding a killer attack dog that they allow to attack other people because they're blind or gay and which eventually kills someone it attacks is like a drunk driver. Both claim their own actions aren't responsible for the situation and that "it was an accident."

Both are usually rightly convicted of murder when they kill someone too.

And the argument of some on the board that such a ruling "hurts the rights of dog owners" is like saying drunk driving laws "hurt the rights of alcohol drinkers." It is a bogus argument.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:20 PM
Response to Reply #206
215. You're absolutely correct..................
The defendents were guilty of manslaughter, and manslaughter is what they got.
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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:34 PM
Response to Reply #215
224. Why
do you keep insisting that this was merely an accident? You seem to think, and in fact stated, that the dogs being put to death should have been enough punishment. Also, their sentence was reduced to nothig, which negates what they were convicted of. What is the point of sentencing someone if they aren't going to do the time?
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:59 PM
Response to Reply #224
239. Nope..................
I think that Involuntary Manslaughter fit the bill nicely, for which they are doing time.

I keep insisting this was an accident because that's what it was.
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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:09 PM
Response to Reply #239
244. Then
why would you agree with the manslaughter charge?

You keep insisting this was an "accident". Do you really think the owners had no responsibility to make sure this didn't happen? Do you really think they took every precaution, and an unfortunate event happened anyway? Look, I know accidents happen. Sometimes, despite our best efforts, bad things happen. But, that isn't what happened here.

The owners of those dogs needed to do either one of two things after the first menacing threat happened. They either needed to get rid of those dogs, or move to an area where they weren't in such close proximity to other people. They didn't, because they didn't CARE that those dogs were terrorizing others. They were indifferent to the fact that they were putting other's lives in danger. They even stated such in a letter. Then a death happened. It was THEIR fault! Not an accident. Not an unfortunate incident. It was a grizzly death that should have easily been prevented by the owners.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:34 PM
Response to Reply #244
254. Mostly because of this.............
Main Entry: involuntary manslaughter
Function: noun
Date: circa 1879

: manslaughter resulting from the failure to perform a legal duty expressly required to safeguard human life, from the commission of an unlawful act not constituting a felony, or from the commission of a lawful act in a negligent or improper manner

Makes sense no?
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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:43 PM
Response to Reply #254
255. Then, what the heck are you arguing?
and why did you say in another post that you thought the death of the dogs was enough? Why do you keep insisting it's only a accident? Man, are we going in circles here. You still haven't addressed why you think it's only an accident. You seem to think that the owners are merely the victims of unwarranted prosecution. After all, it was their dogs, not they themselves, that actually killed her. You've been contradicting yourself.

Frankly, I disagree that this is even a case of manslaughter. In the absence of those letters gleefully mocking and taking joy in the fact that the dogs were terrorizing her, I would agree with it. But, I really think it goes beyond that. I think they were intentionally terrorizing her with those dogs. I don't know if they actually intended for her to be killed, but it was clear they didn't care. If you beat someone up, and they die as the result of the injuries, you still get socked with murder. Not manslaughter. Therefore, I think the case could have been clearly made that they intended to harm the victim. In harming her, a death resulted. Therefore, they are murderers.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:00 PM
Response to Reply #255
261. I think..............
this isn't murder because no-one planned Diane's death. If so, it would have been murder. Since no one planned her death, and yet she died because of the actions or inactions of others it is manslaughter.

Noone said these people were good people, wanting to terrorize someone with a dog isn't nice, but it doesn't mean they planned to murder her. If you suggest that because they enjoyed instilling fear in someone through their dogs makes them guilty of murder then you'd make a poor prosecutor.....you would need actual evidence.

You can think whatever you want, if you think they are murderers, great. I don't and neither did the judge.





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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:17 PM
Response to Reply #261
266. Intent is not necessary for murder
Edited on Thu Jan-01-04 08:18 PM by Pithlet
Like I said before, if you're committing another crime and someone dies, whether you intended for them to die or not, you've committed murder. In most places, if you do something with complete disregard for whether or not it can kill somebody, that's a type of murder. Intent is not always required for murder. You are flat out wrong. It's not a matter of me "thinking whatever I want". That is a fact. You and the judge happen to be wrong in this case.

If this had been the first incident, particularly if the owners hadn't made their pleasure known about the terror they were inflicting, then you'd have a stronger argument. They would certainly still be negligent, however,but not to such a criminal extent.
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Democrats unite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 01:56 PM
Response to Original message
10. Please stop with the sensationalism!
She was a lesbian so what? Was she killed because she was one? no. She just happened to be in the wrong place in the wrong time. If your upset because the crime doesn't fit the punishment, thats one thing, but using thes tactic is shameful on the gay community.

Just my two cents.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:08 PM
Response to Reply #10
17. Sensationalism?!?
The fact that someone who murdered another person got less than three years in jail is "sensationalism"?!?

Unreal.

I'm starting to be glad I've moved to the UK, if this is the attitude in the United States towards violence against gay people.
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Democrats unite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:11 PM
Response to Reply #17
19. Would you be a mad if it had been a straight women?
Edited on Thu Jan-01-04 02:15 PM by Democrats unite
What does being a lesbian have to do with it? Can you at least please answer that question?


on edit: Matthew Sheppard was outrageous, this is just nonsense. You do know who Matthew Sheppard is don't you?
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:14 PM
Response to Reply #19
20. Sure I'd have been angry if it was a straight woman
But you don't have as many straight women having sentences of their murderer reduced because, as Nedra Ruiz said, "their community is determined to put these innocent people in jail."

Have you read clips from the letter the male wrote to his "son" in jail, joking about how his dog has the "mousy dyke down the hall quivering with fear"? Anyone who does that to ANYBODY should go to jail.

The reason he did that to poor Diane wasn't because she was a woman -- it was because she was a woman who lived with and loved another woman.

God, it pisses me off so much when people pretend that anti-gay violence doesn't exist. That dog was trained to kill her and allowed to lunge at and terrorize poor Diane for MONTHS, because she was a LESBIAN and they thought it was funny to terrorize a lesbian.
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Democrats unite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:19 PM
Response to Reply #20
25. There is no talking with you here...
"That dog was trained to kill her and allowed to lunge at and terrorize poor Diane for MONTHS, because she was a LESBIAN and they thought it was funny to terrorize a lesbian." this is probably rhe biggest untruth I have seen on DU.

Being part of the Gay Community that happens to be fighting "in America" for Gay rights, what you have stated isn't mentioned anywhere. If you have anything to prove me wrong please feel free to share it with us.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:26 PM
Response to Reply #25
31. You are obviously unfamiliar with the case
The reason the jury found them guilty of murder was because there was a pattern of them allowing the dog to lunge at and menace Whipple. They even bragged in letters to their convict-in-prison adopted neo-Nazi son about how funny it was.

If you have anything to prove me wrong please feel free to share it with us

I always have to do work for other people. But OK:

http://eatthestate.org/06-13/NaturePolitics.htm

One letter from Noel to Schneider expresses amusement at an attack by Bane on a blind woman. Another ridicules Whipple as "a mousy little blonde," who was terrified of Bane after an earlier confrontation.

This dog had a history of attacking Whipple AND numerous other people. This was not a one-time deal, and in several letters, Noel chuckled about how he was able to scare the little girl down the hall with his dog.

But it was an "accident."
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:32 PM
Response to Reply #31
37. According to the judge and the sentence............
it was involuntary manslaughter.......not really an accident, but not murder either.

Whipple was decribed as "a mousy little blond", not "a demonic lesbian that must be destroyed". Murder....right.


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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:34 PM
Response to Reply #37
39. The judge OVERRULED the jury
Who heard the case and decided, unanimously, that it was MURDER.

But I'm sorry you think that Knoller should spend less time in jail than someone who smokes a joint.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:35 PM
Response to Reply #39
40. Don't be sorry............
I just disagree with you.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:37 PM
Response to Reply #40
42. OK, just don't come running
If it's your kid or spouse or friend or you who gets attacked by a dangerous dog who is trained to attack after being terrorized by it for a few months, with the owners writing letters talking about how delighted they are that their dog has that Democrat down the hall all scared.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:41 PM
Response to Reply #42
44. Well...................
hopefully the dog owners won't figure out that I'm a lesbian, because if they did they'd most certainly train their dogs to kill me.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:43 PM
Response to Reply #44
45. Well. . .
They'll just let it menace you until it finally does kill you, joking the whole time about how terrified of it you are until the "unfortunate accident."
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:45 PM
Response to Reply #45
48. But what if I'm not...............
a 'mousey blond'?

Do you think I'll have any chance of survival?
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:47 PM
Response to Reply #48
50. Depends on whether they send multiple creatures after you
Me, I wouldn't allow it to go that far. After just one lunge at my partner, child or other person in the neighbourhood, that dog would "mysteriously disappear," never to be seen again (except by some worms) and I would know nothing about it. Nothing at all.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:52 PM
Response to Reply #50
54. Then you would deserve to go to jail...........
for animal cruelty.

When did gay people become so hostile to animals?
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:55 PM
Response to Reply #54
57. Nope
The moment the dog attacks humans, it's dead. Period.

If you own a creature that attacks other humans, don't move into my neighbourhood. Your right to be a dog owner does not trump my right and my childrens' right to walk the streets free from threats by a slathering sharp-toothed beast.

And you'd never find the body to prove "cruelty" either. I will let you in on a little secret -- irresponsible dog owners who allow their animals to attack people are VERY unpopular. I'd have a lot of help and nobody would talk.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:05 PM
Response to Reply #57
65. You're right........in this case the dogs who killed the woman.......
were put to sleep.

Sorry that's not enough for you.

As this thread goes on you seem to be getting more and more bloodthirsty, what with all of this 'dog-killing' talk.

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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:09 PM
Response to Reply #65
67. Nope, they were put to death far too late
The irresponsible owners knew they were ticking time bombs and should spend the rest of their lives in jail for murder.

It's ironic that someone who accuses me of "bloodthirst" would excuse people who trained their dogs to kill, regularly let them attack people, and then acted "shocked" when the dog finally killed.

I happen to think human life is more valuable than animal life and the rights of people to be secure in their person are more valuable than the rights of irresponsible people to own savage, killer-trained animals in an inner-city apartment high-rise.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:21 PM
Response to Reply #67
81. I didn't accuse you of anything really...............
you just seem overly excited at the prospect of killing dogs.

You should just go out and kill dogs whenever you get the chance, that way we can all sleep more soundly at night knowing that the 'Anti hate crime dog killer' is keeping us safe.

I guess in your neighborhood you'd be the first one to go see when someone puts up a 'Lost Dog' sign.
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WhereIsMyFreedom Donating Member (605 posts) Send PM | Profile | Ignore Thu Jan-01-04 03:59 PM
Response to Reply #81
102. After reading your responses
I'm curious what you would do in the following situation.

You and your wife are regularly terrorized by a large vicious dog trained to kill. The dog is owned by your neighbors, who think it is all really funny. You've called the police and they won't do anything about it. Moving is not financially an option for you. What do you do? Brian_Expat would kill the dog himself. Lacking any other alternative (I would refuse to live in terror), I might do the same. What other alternative am I missing?
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:10 PM
Original message
Don't forget that the dog
Edited on Thu Jan-01-04 04:11 PM by Brian_Expat
Weighs more than your partner/spouse, and regularly lunges, bites and attacks your spouse to the point where (s)he has to take a separate elevator to avoid meeting up with the dog.

And that your neighbour thinks it's hilarious you're afraid of his trained killers, joking about your sexual orientation, or race, or religion, or some other characteristic in letters to a convict in prison when he brags about the attacks.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:15 PM
Response to Reply #102
117. You're not missing any alternatives that I'm aware of.............
and if you really want to, go ahead and kill the dog you are being terrorized by if that's what you think you need to do....you would then be a Hero, and an accident such as the one that happened in San Francisco would never have happened.
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TankLV Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:52 PM
Response to Reply #54
278. WTF?!!!
You are just being willfully ignorant and obtuse.

Dog threatens me or my children or my family that results in injury - it's gone - not surrpetitiously, or secretly, but then and there. It's a former dog. End of story. I will not wait for another incident.

But then again, here in Vegas, the local authorities all agree wtih me. That dog is history. And I own the all the assets of the jerkoffs who trained such a monster.
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Democrats unite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:35 PM
Response to Reply #31
41. Was the blind person a lesbian? Mousey Little Blond a...
lesbian? Were all the numerous other people lesbians?

Talk to the hand because the rest ain't listening anymore.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:48 PM
Response to Reply #41
51. The rest wasn't listening to begin with
Edited on Thu Jan-01-04 02:53 PM by Brian_Expat
So I'm not that disappointed.

Of course, the fact they're bigoted against the handicapped as well and encouraged the dogs to attack them automatically absolves them of motive in the one death their out-of-control killers caused. :eyes:
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Democrats unite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:53 PM
Response to Reply #51
55. Good, one of these days I hope I will see a post from you...
That actually has fact in it that can be proven. Untill then...



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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:00 PM
Response to Reply #55
60. You first! n/t
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Democrats unite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:07 PM
Response to Reply #60
66. Actually I have posted on a gay wbsite...
This statement Of course The name has been withheld, just to get a response & to be able to post those back over here.

The statement "God, it pisses me off so much when people pretend that anti-gay violence doesn't exist. That dog was trained to kill her and allowed to lunge at and terrorize poor Diane for MONTHS, because she was a LESBIAN and they thought it was funny to terrorize a lesbian."
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:10 PM
Response to Reply #66
69. Wonderful.
Let me know when the people from IndeGay Forum show up. :)
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Democrats unite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:12 PM
Response to Reply #69
73. Actually it is BadPuppy.com
A wonderful gay site.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:14 PM
Response to Reply #73
76. The porn site?
Wow. I'm sure we'll get great commentary from there.

I've posted on Playboy.com to get the heterosexual perspective too! :eyes:
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:20 PM
Response to Reply #73
80. Oh, I get it. It's a joke.
Ha ha ha. Ha ha ha. :eyes:
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Democrats unite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:07 PM
Response to Reply #80
109. No joke, there is a forum there just like any where else.
It is adult Gay men that get together to talk and not just about porn either. I do happen to know that a couple of the members are also members here on DU.

Once again...
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:52 PM
Response to Reply #109
164. Link?
Badpuppy.com is a pay site, is this a pay service? If so, please provide a link to the forum in question, I'd be interested in checking it out. Surfing through the site, all I see are efforts to sell porn.
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Character Assassin Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:21 PM
Response to Reply #20
27. Your speculation is baseless and pointless.
The reason he did that to poor Diane wasn't because she was a woman -- it was because she was a woman who lived with and loved another woman.

Bullshit. Your attempting to pass off conjecture as fact lessens the importance and impact of acts that actually are targeted against individuals because of their sexuality, when they occur.

God, it pisses me off so much when people pretend that anti-gay violence doesn't exist.


It pisses me off when people cry 'wolf' and there isn't one.
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Democrats unite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:27 PM
Response to Reply #27
32. Character Assassin...
I would just like to point out not all are crying Wolf. Seems to be just one here. As a Gay man I find it shamefull!
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:32 PM
Response to Reply #32
36. A gay man
Who thinks it's OK to menace lesbians with dangerous dogs?
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:31 PM
Response to Reply #27
35. What part of this case don't you understand?
The dog regularly menaced and lunged at Whipple.

Noel and Knoller ENCOURAGED it because she was a lesbian. They joked about it with friends and in letters to their "son" in jail.

Surprise, surprise, the dog eventually got free and killed her.
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prariedogging Donating Member (32 posts) Send PM | Profile | Ignore Thu Jan-01-04 06:47 PM
Response to Reply #20
230. Oh, btw, those
men in white coats outside your door... they are there to help you... they are nice men and won't hurt you... just listen to what they say... yes, they are taking you away for awhile... but it is to help you...
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:22 PM
Response to Reply #17
28. The only reason charges were ever brought in the first..........
place, was because of the attitude in the United States towards violence against gay people.

If Diane was a black heterosexual woman, you would never had even heard about this.

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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:11 PM
Response to Reply #28
72. Lovely.
Here comes the gay-baiting. The Pink Mafia made this a court case! :eyes:
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:31 PM
Response to Reply #72
87. No gay baiting necessary...............
I LOVE GAY PEOPLE!!!!!

If you actually believe that the fact that the victim was a Lesbian had nothing to do with this case and it's high profile, then you are being really dishonest.

If she wasn't a Lesbian, then it wouldn't have been a hate crime and you and I wouldn't be having this conversation.....it would have been what it was; and unfortunate accident.
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Touchdown Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:26 PM
Response to Reply #28
133. Now who's making baseless accusations?
Owners are liable for the actions of their dogs. When the dog is trained, and encouraged too target one individual, that dog knoows what is expected of him. If Whipple was a straight man who was killed by Bane and Hera (nice cuddly names, aren't they?), his wife could expect to collect damages...the only thing about this particular trial that made it famous is the fact that Whipple's partner wasn't married to her, because gay people aren't allowed to marry, and that challenged the rule for damages, and/or justice in the wrongful death of a spouse.

Knoller let it happen. Shhe stood there in that hallway, and did nothing while HER dogs killed that woman. But then of course, it was all just an "accident", wasn't it?":eyes:
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:37 PM
Response to Reply #133
146. No, of course it wasn't an accident.................
it was a cold-blooded pre-meditated murder, by gay hating Nazis.

:eyes: right back at 'ya.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:26 PM
Response to Reply #146
187. That's precisely what the jury ruled
Until the judge stepped in and decided to override the verdict out of a soft-on-crime focus.
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Touchdown Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-02-04 11:27 AM
Response to Reply #146
289. You really don't know much about this case, do you?
I've provided links, and everything I said in the previous post is in the court transcripts. If you refuse to believe that, or deny any vindictive motives, when it was all part of the evidence presented, then it says a lot more about your attitudes than our Brit friend here.

"Let's cry for the poor, ignored straight guy. These gays are taking over the airwaves.":eyes:

Why don't you come right out and say that she deserved what she got?
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 01:56 PM
Response to Original message
11. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:09 PM
Response to Reply #11
18. Plenty
Bush has introduced mandatory laws that would jail pot-smokers, "suspected terror assisters" and car theives for longer than a person whose illegally trained attack dog murdered someone IN FRONT OF THE PERSON.

You don't think that's outrageous?
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 03:45 PM
Response to Reply #18
90. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:50 PM
Response to Reply #90
93. I am not attacking Bush
I am attacking the climate he has created in the US that says "smoke pot or interact with someone we think is a terrorist, go to jail forever, kill someone, no big deal."

I'm a little worried that more Democrats aren't worried about this trend.
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private_ryan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:19 PM
Response to Original message
22. "kill a lesbian with your dog"
Edited on Thu Jan-01-04 02:19 PM by private_ryan
I can't believe the media missed this, those dogs were trained to kill lesbians! Your "law and order" remark, is even funnier.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:33 PM
Response to Reply #22
38. The dog was allowed to menace Whipple because she was a lesbian
As written in their letters to their "son" in prison, who made fun of her fear of the animals.

One day, the menacing dogs got free and killed Whipple.

Oh, but it was an "accident." Unreal.
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linazelle Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:51 PM
Response to Reply #38
53. You are banging your head against a wall here....some won't get it, ever
Your points are clear as a bell to me.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:03 PM
Response to Reply #53
62. You're right. . .
I am just sad that so many Democrats, including "gay men" are willing to overlook violence against gays and handicapped folks AND irresponsible dog owners who allow their crazed beasts to maim and kill other people.

I've owned dogs in the past and I understand that my right to own the animal does not overrule the rights of other people to walk the streets safely. I also understand that the actions of my dog are essentially MY actions. I don't understand why that's such a scandalous concept for some.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:15 PM
Response to Reply #62
77. Because it isn't true perhaps?
No more than the actions of a child are 'essentially' the actions of the parents.

What really bothers some people (well me really), is that just because the victim in this case was gay, an accident automatically becomes a hate crime against gays.

I'm just surprised that the National Alliance of People with Mousey Brown Hair aren't up in arms about this obvious hate crime directed at them.
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mitchtv Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:13 PM
Response to Reply #38
75. thanks Brian
I can't say if it was 2nd degree murder, very least it was willful indifference, and I find it incomprhensible that the owner had so very little control over the dog, that she did nothing to stop it. Having lived next to unfriendly straits, I can see a case for murder, since much of the venom is un voiced, but obvious to the target.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:20 PM
Response to Reply #75
79. In this case, the venom was even VOICED
In letters and conversation according to multiple witnesses.

Their attorney Nedra Ruiz tried to play the gay card and paint Noel and Knoller as victims of the Pink Mafia. These people were just despicable.

Check out some of this coverage of the case if you want to be sick:

http://www.datalounge.com/datalounge/news/record.html?record=19349

http://www.datalounge.com/datalounge/news/record.html?record=19218

http://www.datalounge.com/datalounge/news/record.html?record=19365
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:44 PM
Response to Original message
47. One of the other ironies of this case. . .
If Diane Whipple or her partner had killed this dog after it menaced Diane but before it killed Diane, the dog-killer would probably still be in jail, under "animal cruelty" laws!

This case is a banner example of why we need legal reform in this country.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:46 PM
Response to Reply #47
49. At least you're right about this..............
Legal reform and all....hopefully cases like this won't waste the time of our legal system once it's reformed.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:51 PM
Response to Reply #49
52. Absolutely
With proper legal reform, these dogs would have been destroyed LONG before they killed someone else. Preferably after their first attack on someone.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 02:54 PM
Response to Reply #52
56. And then..........
this ACCIDENT would never have taken place.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:00 PM
Response to Reply #56
59. The "accident"
The "accident" was a direct result of training dogs to attack and encouraging aggression against humans by the dogs against a poor woman who weighed less than the dogs.

Like I said, if you think it's perfectly OK for your dog to attack people, don't move into my neighbourhood -- your dog will disappear before an "accident." And that's not just me.

A neighbourhood I lived in in Montréal ended up putting down a dangerous pit bull the authorities wouldn't touch after it ripped almost all the clothing off of a poor 5-year-old. Fortunately, it was winter, so most of the damage was confined to the clothing, and the poor kid took only a few bites to the face.

The owner was irresponsible, let the dog wander and threaten others, and refused to control it. So my dad and a few other neighbourhood men went out, and after they came back, the dog was never seen again. They're heroes as far as I am concerned.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:03 PM
Response to Reply #59
61. You and your Heros are welcome to kill as you see...........
fit; just make sure that the poor animals you kill aren't gay because then you'll be faced with a hate crime trial.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:04 PM
Response to Reply #61
63. Ah-ha
just make sure that the poor animals you kill aren't gay because then you'll be faced with a hate crime trial

Well, well, well, I think I've found the core motivation here. Buh-bye.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:10 PM
Response to Reply #63
68. Oh come on............
you're leaving? I was having so much fun.

Then again, you did find me out......I'm squarely on the side of rabid lesbian-killing attack dogs.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:10 PM
Response to Reply #68
70. Hate crimes jokes
Reveal true intent.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:25 PM
Response to Reply #70
84. What then is my intent?
You think I'm in favor of performing hate crimes?

Is that what you're suggesting?
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evil_orange_cat Donating Member (910 posts) Send PM | Profile | Ignore Thu Jan-01-04 03:11 PM
Response to Original message
71. Was this a federal case? If not, it's not Bush's fault...
C'mon... I know he's the bane of all evil, but don't blame stuff on Bush that he has no control over.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:13 PM
Response to Reply #71
74. I think Bush is responsible for a climate of fear
And that's reflected in the lack of proportion in our laws.

Just my theory. "Bush's America" is a place where you get 20 years for stealing a housewife's SUV, but only two if your dog trained to kill rips apart someone.
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evil_orange_cat Donating Member (910 posts) Send PM | Profile | Ignore Thu Jan-01-04 03:18 PM
Response to Reply #74
78. sorry, our legal system was MESSED UP before Bush ;)
and I haven't seen one shred of evidence even connecting Bush to this case... or even one shred of evidence saying he even knew it was going on. Why would a president of the United States waste his time on some insignificant case like this?
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:23 PM
Response to Reply #78
82. This case is demonstrative of the legal climate GLBT people can expect. .
. . . under the Bush administration, IMO.

I am very fearful for gay friends of mine in the USA, particularly friends who don't live in major cities. There's a definite uptick in anti-gay violence there -- both times I got bashed were after Bush came to power -- and both times happened in the "gay friendly Bay Area."
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evil_orange_cat Donating Member (910 posts) Send PM | Profile | Ignore Thu Jan-01-04 03:27 PM
Response to Reply #82
85. but you aren't facing the real issue... THIS ISN'T ANYTHING NEW!
plus, Bush isn't the first president to cash in on fear... look at America throughout the last 60 years!

Believing Bush to be evil... that's fine. I do. But don't connect him to every little issue in America. And Bush isn't inspiring gay violence. If you can show me some evidence, then fine. But until then, save the conspiracy theories. :D

Oh my god! Michael Jackson is arrested! That's Bush's fault...:eyes:
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:30 PM
Response to Reply #85
86. Hoooooold on a minute. . .
I've already illustrated how the climate has changed for GLBT people in America since Bush's ascent to power. This is just more of an example of those changes.

Further, I thank you not to accuse me of "conspiracy theories," considering the graphic in your sig. ;)
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evil_orange_cat Donating Member (910 posts) Send PM | Profile | Ignore Thu Jan-01-04 03:49 PM
Response to Reply #86
92. if you aren't part of the "conspiracy theory" crowd... then why...
are you arguing against me ;)

plus, there's a lot of credible evidence suggesting war in Iraq is about oil...

also, my sig line is a joke :D

I'm not sure if the climate against GLBT has changed towards the right in America... in fact, I tend to agree with Michael Moore in "Dude Where's My Country" when he says America is as liberal as ever.

I know the mass media likes to scare the hell outta everyone, but be realistic here. In 2003, the Supreme Court struck down the anti-sodomy laws in Texas (among other states)... and gay marriage is being talked about as a major issue (with it becoming legal in more states as we speak). How do you support your opinion that America is becoming more anti-gay?

Just Curious. :D
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 03:55 PM
Response to Reply #92
97. The situation in the courts is not the situation in the streets
The victories in liberal places like Massachusetts are wonderful advances and I am thankful for them. The victory in the SC was actually opposed by a majority of Americans, unfortunately!

And there's a definite uptick in anti-gay sentiment, attacks, etc. out there. It's scary.

Did you know after the SC ruling, most Americans think homosexuals should be illegal? It's true, unfortunately -- and that's a change from before the Supreme Court ruling -- the latest polls show a "backlash" with a majority saying we should be illegal and a strong majority of white men saying the same. :(
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evil_orange_cat Donating Member (910 posts) Send PM | Profile | Ignore Thu Jan-01-04 03:57 PM
Response to Reply #97
100. You believe those polls?
personally I think it's pure propaganda from the corporate media... perhaps there are margins like that in South Carolina and the rest of the Bible Belt... but I don't agree with the notion that the majority of America wants to lock gays up.

sorry, but I just don't agree with your pessimistic view of the direction America is heading in terms of tolerance of homosexuality. My generation (I'm 23) is much, much, much more liberal than older generations. And I don't see a drastic change any time soon.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:44 PM
Response to Reply #100
200. My personal experience backs up those polls
So yes, I believe them. Just like I believe that the UK and rest of Europe is a much more tolerant, equal and free place these days, based on both polls and my personal experience.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:01 PM
Response to Reply #92
104. That opinion is supported.............
by loudly complaining that everyone doesn't immediately recognize everything as a hate crime.

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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:07 PM
Response to Reply #104
108. More hate-crime baiting.
Nice.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:23 PM
Response to Reply #108
127. Nice? I don't know.................
but true.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 03:55 PM
Response to Reply #74
98. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
evil_orange_cat Donating Member (910 posts) Send PM | Profile | Ignore Thu Jan-01-04 03:59 PM
Response to Reply #98
101. yes! a voice of reason... thank you...
;)

I could understand if this were a federal case being handled by John Ashcroft... but it isnt'... and he's nowhere near it. Plus, the Bush junta have more important things to do... like planning the New World Order and locking up and/or deporting more muslims.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:06 PM
Response to Reply #101
107. Well I'll make you a deal
"The New World Order"?

And you folk are accusing ME of lunacy? :wow:
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evil_orange_cat Donating Member (910 posts) Send PM | Profile | Ignore Thu Jan-01-04 04:11 PM
Response to Reply #107
115. LOL it's hard to convey tongue in cheek statements on teh internet :D
;)
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:04 PM
Response to Reply #98
105. What !?!?!?
You mean Clinton wasn't responsible for the death of James Bird?

I mean it DID happen when he was in office, AND it was a hate crime.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:04 PM
Response to Reply #98
106. Bush has created a hostile climate for gay people
Edited on Thu Jan-01-04 04:05 PM by Brian_Expat
Or do you deny this?

PS -- Gay people are accustomed to being referred to as "loons," "crazy," etc. so don't think that's going to dissuade me. :)
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 04:10 PM
Response to Reply #106
113. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:14 PM
Response to Reply #113
116. Mmmm hmmmm. . .


'Nuff said here.

Funny how all the people arguing for the perps here are slipping in little jabs at "hate crimes" or the "homosexual agenda," eh?

Hostile climate where? At my house? No, it's very friendly here. At the local grocery store? As far as I can tell it fine there too.

Tell you what. Go down to the downtown area with your wife (assuming you're male) and hold hands while shopping. Then, go with me holding my hand, and tell me there's no hostile climate.
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evil_orange_cat Donating Member (910 posts) Send PM | Profile | Ignore Thu Jan-01-04 04:21 PM
Response to Reply #116
124. I'm not saying there isn't a hostile climate... but...
George Bush isn't responsible for it... and things are getting better in America. That's my point. Did I miss something? Was America a bastion of tolerance and happiness, and then Dubya took office and turned us into West Texas? Matthew Shepherd was murdered during the Clinton years... the events surrounding the movie "Boys don't Cry" happened during the Clinton years. And even though such cases received more public attention... such cases have GONE DOWN in the past few decades. And increase in "hate crimes" in the past few years can't be blamed on Bush, necessarily. We're in tough economic times (which can be partly blamed on Bush), and poverty and increased fear and uncertainty are far greater catalysts to crime than an ignorant dope of a president.

Plus, it's not that I don't agree with "hate crimes" legislation. It's that I don't understand why it is necessary. I mean, if someone brutally attacks someone, or commmits murder... what difference does it make what the motive is? Why should the punishment be worse for someone who beats up a gay person because they are gay, rather than beating someone up because they owe money... or commited adultery... or stole something.

It's not that I don't want harsh punishments for "hate" criminals. It's that I want harsh punishments for ALL criminals. ;) Why give the other one's an easier time just because their motives weren't bigotry and hatred?
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:23 PM
Response to Reply #124
128. I'm going by what I see
George Bush isn't responsible for it... and things are getting better in America. That's my point. Did I miss something? Was America a bastion of tolerance and happiness, and then Dubya took office and turned us into West Texas?

After years of advances, Bush got elected.

Now we're facing more federal anti-gay legislation, a majority of Americans saying gays should be illegal (up from a minority during Clinton's last few years), an upswing in hate crimes, and more hostility towards gays (and immigrants, arabs, muslims, Jews, etc.)

Whether Bush is a cause or a manifestation of the deeper problem is less important to me than recognizing it's a problem.
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evil_orange_cat Donating Member (910 posts) Send PM | Profile | Ignore Thu Jan-01-04 04:29 PM
Response to Reply #128
136. What legislation?
If anything, you just conceded we were seeing more PROGRESSIVE legislation and that public opinion was what was changing. Which is it?

Plus, if you are like most Dem's here. Bush wasn't "elected". America wanted Gore.

Even IF you are correct about the increasing "climate" of hatred... which I don't buy... blaming Bush is even more of an absurd assertion. And you haven't presented one bit of evidence supporting anything you've said. ;)

oh... a few polls by the corporate media... blah... give me something with some substance.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:31 PM
Response to Reply #136
140. This legislation
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evil_orange_cat Donating Member (910 posts) Send PM | Profile | Ignore Thu Jan-01-04 04:41 PM
Response to Reply #140
149. do you know how many wingnut pieces of legislation come up?
this isn't anything new... :eyes:

none of this crap will pass, anyways... not even a constitutional amendment for marriage would pass.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:42 PM
Response to Reply #149
151. You're overconfident
These guys are declaring war, and Bush is with them all the way. Bush definitely supports the legislation of what I speak, which sorta validates my points about how his administration is creating a hostile climate for gay people.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 05:31 PM
Response to Reply #151
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:35 PM
Response to Reply #189
194. Disagreement isn't the issue
Legal discrimination is.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 04:31 PM
Response to Reply #128
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:35 PM
Response to Reply #139
145. These polls tell a different story
Edited on Thu Jan-01-04 04:36 PM by Brian_Expat
http://www.cbsnews.com/stories/2003/12/19/opinion/polls/main589551.shtml

The public has reversed itself on the overall question of same-sex relations. Half now think homosexual relations between consenting adults should not be legal -- a reversal of opinion from the summer, when a majority of Americans thought they should be legal.

. . . snip. . .

At 49 percent, the percentage that thinks homosexual relations should not be legal is the highest recorded since the CBS News/New York Times Poll started asking the question in 1992. As recently as July, 54 percent thought such relations should be legal, while 39 percent thought they should not. Now, 41 percent think homosexual relations should be legal.

Slightly more than 50% think homosexuals should be illegal, versus just 41% who think they should be legal. This is a major change since the Clinton years.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 06:42 PM
Response to Reply #145
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:29 PM
Response to Reply #226
253. Tell my friend in Missouri that sodomy laws were no big deal
They were used by his partner's estranged family to clean out the apartment and take everything from him, despite the fact that his partner's estranged family hadn't talked to them for 15 years. When his partner died, he was a legal stranger to the law, and the judge was more than happy to let his partner's family make his life a living hell.

Bush adroitly gobbles up the less extreme Dems who just can't see voting for someone as radical as Dean

If you're stupid enough to vote for Bush, you deserve him. Gay people are survivors, we'll last. I just don't want to hear any whining when all those Democrats who vote for Bush lose their jobs, schooling and health care.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:24 PM
Response to Reply #124
129. Duplicate deleted.
Edited on Thu Jan-01-04 04:24 PM by Brian_Expat
Duplicate deleted.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 04:25 PM
Response to Reply #116
131. Deleted message
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:28 PM
Response to Reply #131
135. You don't?
As to whether or not I'd find a hostile climate if I were to walk through your downtown holding hands with you (Yes, I'm male), all I can say is that that's really unfortunate and one day I hope you can walk through any street in America and hold hands with another man without feeling any hostility.

But in the mean time, I cannot, because of. . . the hostile climate!

I just don't see how it has anything to do with Bush.

Oh, I dunno. . . he's said we're "sinners," his CDC has ceased funding any anti-HIV program that caters to or mentions gay men or gay sex, he's advocating an amendment to the constitution that would make gays permanent second-class citizens, he's advocating the removal of funds from secular treatment facilities and giving those funds to "providers" who refuse to minister to gay people, etc.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 05:12 PM
Response to Reply #135
180. Deleted message
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:20 PM
Response to Reply #180
184. The marriage amendment
Edited on Thu Jan-01-04 05:29 PM by Brian_Expat
pecifically, he wants an amendment that states that marriage is between a man and a woman. The "second-class citizen" thing is your own. Would you not be happy with a legal union that afforded you the same legal protections granted to same-sex couples

The amendment would invalidate civil unions and other benefits as well.

Here's the text of the amendment:

Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the Constitution of any State, nor State or Federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.

In other words, the Constitution, Federal and State laws that grant "the legal incidents of marriage" (such as those protections you talked about) are revoked. Nobody who isn't an opposite sex couple who are legally married can get any benefits similar to marriage. No DP health benefits. No immigration rights. No tax benefits. No pensions. No legal family status for health or survivor benefits. No parenting benefits. All gone, thanks to Bush's amendment.

am doubtful of your other claims about Bush's ceasing funding for the various programs. Do you have any links to credible sources of verification for this?

New policies of the Bush administration: http://www.washingtonpost.com/ac2/wp-dyn/A56979-2003Jun13?language=printer

The Bush administration yesterday ordered a San Francisco AIDS prevention group to immediately halt a handful of explicit programs that "appear to encourage or promote sexual activity" or risk losing as much as $500,000 a year in federal grants.

The order to the STOP AIDS Project, delivered in a letter from the Centers for Disease Control and Prevention, was prompted by inquiries from Rep. Mark Edward Souder (R-Ind.), who has repeatedly challenged the appropriateness and effectiveness of some of the group's more graphic HIV projects.

The "explicit programs" are seminars on safe sex for inner city gay and bisexual men, who are often minorities and have some of the highest rates of HIV because of a lack of knowledge regarding safer sex (such as condom use).

The official policy of the Bush administration is "abstinence until marriage." Since gay people cannot get married (and never will if Bush passes his amendment), it basically tells gay people to either never love another, or just die of HIV or another STD when they're not educated about safe sex because their funding is taken away.

Most of the funds being revoked by these admin officials is going towards "abstinence education" efforts that are completely ineffective against stopping HIV and other STDs, as well as religious groups who attempt to "convert" homosexuals (a discredited theory condemned by the APA and American Association of Psychotherapists as having no scientific basis).
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 05:57 PM
Response to Reply #184
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:23 PM
Response to Reply #207
247. There are plenty of people who aren't educated
: is there anyone on the PLANET who doesn't know that wearing a condom is the safest way (outside of abstinence) to avoid a STD?

When I did education work in inner city communities, many of the people decided they couldn't get AIDS because they didn't consider themselves "gay," just on the "down low."

One guy said he was a "real man," not a "swish" and couldn't get it.

Others didn't even know what AIDS was or what caused it.

I don't think he is the enemy of the GLBT though just because he espouses traditional values.

He's an enemy of GLBT people because he wants to take away their civil rights and use the law to force his misinterpretations of Christianity on them.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 07:53 PM
Response to Reply #247
258. Deleted message
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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:56 PM
Response to Reply #258
259. Actually, that is debatable
Not to turn it into a religious discussion or anything, so I won't go into details, but I felt I had to add that.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 07:59 PM
Response to Reply #259
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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:28 PM
Response to Reply #260
267. Okay..
Since you asked :)

In the first place, Leviticus forbids you from doing everything up to breathing. Nobody follows every restriction of Leviticus. In that circumstance, to pick out one to hold up above all the rest can be nothing but bigotry. More importantly, there is a strong theological argument to be made that Leviticus and all of the Old Testament restrictions are meaningless for Christians. The coming of Christ has invalidated the old covenant. Therefore, things like Leviticus do not have to be adhered to. Leviticus is the weakest argument for homophobia in the bible, if you're a Christian.

While we're at it. Sodom and Gomorrah are not about homosexuality. The Bible itself says that the two cities were being punished for being bad hosts. St. Paul's restrictions against homosexuality are both ambiguous and almost certainly are meant to do nothing more than isolate Christian communities from the Greek majority that they lived amongst. He did that to minimize the effect Greek philosophy was having on Christian belief. There are plenty of other things that he advised Christians to avoid doing to separate themselves from the Greeks including avoiding the practice of Greek physical philosophy. But I don't hear people calling for the stoning of mathematicians and geologists. Why? Because outside of the context of when Paul was writing his letters, those restrictions are meaningless. The same applies to his remarks on homosexuality.
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Liberal Veteran Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:42 PM
Response to Reply #260
274. Because of the book of the bible it was in for one....
The most often quoted verse being from Leviticus which has lots of interesting things in it which Christians simply ignore because the proscriptions of that book primarily deal with Jewish ritual that Christians do not follow.

A lot of it has to do with translation. The word as I understand it that has been translated into "abomination" means "ritually unclean" not evil or even sinful. Toevah is the word that was used which means "uncleanness", "impurity", or "dirtiness". Zimah is the word for something inherently wrong (ie, sin).

Therein lies the problem with religious fundamentalism. Translation problems and context of scripture are not taken into account and therefore simply deciding that a particular verse taken out of it's context is accurate can be troublesome.

For example: "Happy shall be he that taketh and dasheth thy little ones against the stones."

Well, there you have it. God says that to be happy, you should kill your kids!

Thus, we have umpteen dozen different sects of Christianity, some which follow one set of beliefs while another doesn't and vice versa.

If the bible were really as cut and dried and some would have us believe, all Christians would belong to the same denomination. That simply isn't the case. The Episcopalians seem to be more welcoming to gays than other denominations while other head for the extreme opposite.

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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 08:55 PM
Response to Reply #274
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Liberal Veteran Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 09:22 PM
Response to Reply #279
282. Can you show me a verse that says....
...hey women, go get breast enlargements to make your boyfriend happy?

No. I also can't show you where it says it's okay to fly in a airplane, talk over the computer, shave your pubes, and a host of other things.

There also isn't any part of the Bible where Jesus tells Christians that cotton poly undies are okay, shellfish is clean, and pork really is the other white meat and good to eat.

The bible is a collection of different books. A group of people decided what actually got to stay in the bible and what didn't.

Take for instance these books of the bible:

1. 1 Esdras
2. 1 Maccabees
3. 2 Esdras
4. 2 Maccabees
5. 3 Maccabees
6. 4 Ezra
7. 4 Maccabees
8. Baruch
9. Bel and the Dragon
10. Daniel and Susanna
11. Additions to the Book of Esther
12. Judith
13. Letter of Jeremiah
14. Prayer of Azariah
15. Prayer of Manasseh
16. Psalm 151
17. Sirach
18. Tobit
19. Wisdom of Solomon


You will not find these books of the bible in most protestant bibles. The powers that be simply up and decided they weren't canon and stopped printing these books. Most of these books will be found in the Catholic bibles. That sort of tosses water on the issue that God just handed down the entire bible from on high and in American English at that.

That's why Church and State should always be separate from one another. Your opinion on whether Jehovah's strictures to the Jews in Leviticus are meant to be followed by Christians is no more or less relevant than mine. Who is to say that the Pope isn't wrong and the Episcopalians aren't right or vice versa?

A specific interpretation of the bible is not a particularly good guideline to making American law. Indeed, I have always made it a point that if a law cannot be justified without biblical reference being invoked, it's probably a bad law. It doesn't mean that the two might not intersect (ie...thou shalt not steal) but if we cannot make a secular justification that makes good sense, then we are codifying a religious tenet and that is a path we must avoid.



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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 09:30 PM
Response to Reply #282
285. Deleted message
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Liberal Veteran Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 09:58 PM
Response to Reply #285
288. Apparently the learned scholars of the Episcopalian church...
...disagree with you on the matter of whether homosexuality is sin and what the Bible was really trying to say.

I have already explained that if you look at the Hebrew words for sin and abomination are not the same and that the connotation is not necessarily the same in modern English as it was in the time of King James.

It is not my job to educate you on biblical history or the tradition of the Jews as opposed to the Christians. I cannot show you a verse that says it's okay to be gay anymore than I can show a verse that says eating shellfish is okay or wearing cotton/poly undies is okay.

But you, like so many others, seem so focused on that one particular verse from an ancient Hebrew book of strictures and laws written specifically for that group of people, the vast majority of which ALL modern Christians choose to ignore. Indeed, you would be hard pressed to find a Christian that follows even the majority of the 613 commandments of the Torah. Hell, even the 10 big ones are pretty much up for grabs in our society given that our entire economic system is based on covetting and most Christians have no problems with heading to Wal-Mart on the Sabbath.

It strikes me as odd and intellectually dishonest on the part of many sects of Christianity that they worry overmuch about the so-called sin of homosexuality, but so blithely ignore such things as Christ himself said in his own words about adultery and divorce.

Personally, I will take the attitude that if God wanted me to be with a woman, I would actually have a sexual attraction to them.

To each their own when it comes to religion. The only thing I will ask is that one doesn't impose his religion on me and I will do him the same honor.
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Liberal Veteran Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:04 PM
Response to Reply #258
262. Yeah, that would be from the same book of the bible...
That says eating shellfish is an abomination but I don't hear too much about Christians picketing to outlaw Red Lobster franchises.

Other abominations would include beard trimming, wearing garmets of mixed fibers (cotton/poly blend undies will result in eternal damnation), having sex with a woman during her period, and a few other things were listed as abominations.

Jesus himself said nothing about any of those things, including homosexuality.

The point here is that it gets a little old being subjected to bigotry based on cafeteria style Christianity, where it's adherents just pick and choose which parts they want to believe in, which parts they want to impose on others, and which parts they just conveniently ignore.




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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 08:10 PM
Response to Reply #262
263. Deleted message
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Iverson Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:09 PM
Response to Reply #98
111. Let me help you.
The expression "Bush's America" does not necessarily connote a causal relationship between an event and George W. Bush. It is a broader term that describes a social and political condition, a situation that is certainly applauded and exacerbated by an extreme right wing administration.

This condition is in part one of paranoia and inverted priorities. It includes greater social polarization between privileged groups (wealthy, Republicans, corporations, religious right, etc.) and not-privileged groups (minorities, gays and lesbians, poor people, most Democrats, lefties, Middle Easterners, etc.).

While Bush alone is not personally responsible for a lack of proportion in our laws, his administration substantially is. As evidence, consider for example the USAPATRIOT Act parts 1 and 2 and the gutting of environmental laws and the Freedom of Information Act.

"Bush's America" is a kind of shorthand. But perhaps others with clearer heads see more of an egalitarian spirit in our culture today than I do.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:17 PM
Response to Reply #111
120. Nonsense! Bush harbors no animosity against gay people at all
Edited on Thu Jan-01-04 04:18 PM by Brian_Expat
The only hostility related to homosexuals is the homosexual agenda in the gay bar in Clear-Headed Dem's home town. :eyes:
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 04:26 PM
Response to Reply #120
132. Deleted message
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:30 PM
Response to Reply #132
137. You originally said there's no hostility related to homosexuals
Except at your local gay bar. No hostile climate elsewhere.

Of course, I hope to let you know where the hostile climate is and how it manifests itself. . . I love to educate on GLBT issues. :)
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 04:41 PM
Response to Reply #137
150. Deleted message
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:34 PM
Response to Reply #150
193. Made a few edits to your post -- do you still agree with the message?
Edited on Thu Jan-01-04 05:34 PM by Brian_Expat
People in the African-American arena always talk about the "hostile culture" but it only exists insofar as it affects them. Don't misunderstand what I say here. It isn't that I don't care. It is that most people aren't black and most people don't have a lot of influence upon or from that lifestyle. For most people, this "hostile culture" is not something they're familiar with.

But if you talk to anyone in the African-American crowd, by God, you're going to hear it. You're going to hear it until your ears bleed. They're not going to stop until, by God, every last person on Earth screams, "OK! Fine! Go nuts! Have mixed-race marriages! Enact legislation that makes it worth twice as much jail time for a crime to be committed against a black person...JUST GIVE IT A REST!"

And all of this still has nothing to do with Bush.

It's not, to me, what the black crowd says, it's how vehemently, frequently and maniacally they say it. People who are perfectly friendly toward the black culture get sick to death of being hit over the head with the black message.
---

Do you believe the above as well? If not, why not?
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 06:25 PM
Response to Reply #193
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:26 PM
Response to Reply #219
249. Actually
The arguments against racial integration are very similar to arguments against gay rights.

Every black person was painted as a Black Panther Party member, just like every gay person is painted a member of ACT-UP or Queer Nation.

Separate-but-equal was the rule for blacks in education and even down to water fountains, just like it is today with homosexuals (separate "institutions" like "civil unions.")

Segregation and denial of basic rights based on majority opinion was also huge. As many people opposed interracial marriage during the Loving vs. Virginia days as oppose gay marriage today.

People who complained about their circumstances were told to "shut up" and "stop flaunting their blackness" like gays are told to "stop flaunting their gayness."

About the only difference is that fewer blacks could "pass" than gays can today, but that's changing too.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 09:22 PM
Response to Reply #150
283. Deleted message
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 04:19 PM
Response to Reply #111
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Iverson Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:31 PM
Response to Reply #122
141. reason and such
I am pleased that you see my point about causality. When someone makes the assertion that you are arguing against, it calls out for clarification of detail. To assert that it calls for a voice of reason is to imply that the original argument lacks reason. Clearly this is not the case. If you engage the original arguer that way, you will be met with a defensive response. You are going to have to ask yourself whether you want clarification of an idea or rhetorical one-upmanship. You won't have both.

To write off social polarization as simple human nature is facile. It by definition involves human nature, yet surely you know that human nature is subject to manipulation of various kinds. One might as easily write off the social polarization of German fascism as mere human nature, but that is so extreme an example that no one seriously is so dismissive about it.

The Clinton administration was hardly as polarizing as the current one. Clinton succeeded by co-opting the Republican agenda wherever possible, effectively assisting them in moving the entire political discourse to the right. On the other hand, the right wing has systematic and identifiable elements of social polarization. Project for a New American Century comes to mind, among other things.

I encourage you to move away from generalities and into critical inquiry with specific evidence, as I have now done for you twice.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:40 PM
Response to Reply #141
148. *Applause* n/t
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 05:04 PM
Response to Reply #141
174. Deleted message
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Iverson Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:46 PM
Response to Reply #174
202. last try
First of all, I categorically reject the personal speculations that you offer, and they are irrelevant. Inventing beliefs in me is no way to obtain the clarity that your moniker endorses, and I will not let you get away with it as a rhetorical maneuver.

"...Bush had nothing to do with that case..."

We established this a few notes back, and it is not at issue. What I thought I clarified in my initial response was the connotation of "Bush's America." Perhaps you missed it. I recommend going back and reading it.

We will simply have to disagree over the direction of the Democratic Party. The assertion that it is determined to be a left extreme is risible to actual lefties.

"Do you wish to offer some "specific evidence" as to your claim that "the Clinton administration was hardly as polarizing as current one"?"

I welcome the opportunity to continue to set a good example, but not in perpetuity. I had already mentioned this administration's USAPATRIOT Act and the far right's Project for a New American Century. Perhaps you missed my mentioning those. Nothing that Clinton did approached those. On the other hand, Clinton embraced the Telecommunications Act of 1996, economic globalization in all its forms, and generally sought "bipartisanship" at every turn. He caved in on various nominations.

I wonder why the "feelings" of the radical right or of partisan conservatives should weigh equally with legislation or, say, the policy of arrest and indefinite detention without charge.

"Let's be specific. I do not believe that you can because I do not believe that such evidence exists. Furthermore, I do not believe an appropriate definition of "polarizing" could be agreed upon making any argument for or against moot."

This as much as admits that you are not seeking clarification, but are merely interested in winning some kind of contest. How did you put it?
"... the heady feeling of superiority that comes with always being right..."
Ah yes, that's it.

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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 06:20 PM
Response to Reply #202
216. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
TankLV Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 09:31 PM
Response to Reply #122
286. And in the case of repukes, they are on the wrong side.
They are for discrimination.

They are for greed.

They are for bigotry.

That IS the point. The democratic party has been fighting for the TRUTH, EQUALITY, and other similar concepts.

The repukes have been fighting against every single advancement that this country has had, and we are losing plenty that we had, in spite of an occasional "bone" thrown in.

That is why they hated Clinton - because he was FOR equality, and against the greed of Raygun/Bush I, etc. They project their psychoses on others, from stealing the election on.

And people wonder why we're angry!
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Touchdown Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:11 PM
Response to Original message
114. It seems that a few people here didn't know the story.
For crying out loud, this was a show trial! It was a summertime diversion from Bush's crimes!

But, many of the assumptions that it was an "accident", or that this was truly "involuntary manslaughter", or that Whipple could just avoid the dogs, not even bothering to consider the possibility that Knoller's apt. was in-between hers and the building exit (which it was), or that Knoller often "decided to walk her precious pooches" at the exact time she heard Whipple's door latch (which was also brought up in the trial). They aparently don't realize that Knoller stood there and watched the dogs maul Whipple FOR 10 MINUTES, without any attempt to call the dogs off of her. Of course, they say, that Whipple should've run away...has any of these doubters actually been in a SF row house hallway/staircase? Is there enough room to breathe? Then there is Knoller's lawyer, who got so homophobic during the trial that she was censured (I believe twice), but these people don't think it was about lesbians.:eyes:

Want some info? I suggest those that think this is just an "accident" read the whole trial, before they stick their foots in their mouths again. ...

http://www.courttv.com/trials/dogmaul/

Nobody names a family pet, lapdog or frisbee hound, Bane (Ultimate danger, cause of undoing) and Hera (Vintictive Goddess wife of philandering Zeus). Put the pieces together people! Dogs can be trained, and they can be trained to target certain people their masters want them to. They do have a very acute sense of smell, and could tell that their master hates someone. This is not Science Fiction.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:16 PM
Response to Reply #114
118. Thank you
I cannot believe some people are willing to just let this slide.
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Military Brat Donating Member (999 posts) Send PM | Profile | Ignore Thu Jan-01-04 04:32 PM
Response to Reply #114
142. I've read the whole story, and I found it appalling
And may I add, if Whipple had been black rather than a lesbian, and the dog owners had intentionally singled her out for taunting and perilous encounters with those dogs, you can damn well bet your boots that this would have been a case that would have rocked the legal system to its core.

The sad fact is, they did single her out because she was an easy target in their eyes. If they hated her even more so because she was a lesbian, that added fuel to their fire.

Now, please tell me, what the hell is wrong in being outraged about that simple fact? If you hate someone for who they are as regards race, religion, gender, or sexual orientation, and if you encourage your dangerous dogs to terrify this person, that's a hate crime.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:43 PM
Response to Reply #142
153. Thank you
Very well stated.
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Susang Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:50 PM
Response to Reply #114
162. Thank you very much for posting that link
Hopefully, those on this thread who don't understand how aware of their dog's vicious nature the owner's were, will read the trial transcipts.

Knowledge is power and the truth will set you free.....
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Democrats unite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:17 PM
Response to Original message
119. Does anyone else here feel we have wasted our time here...
Edited on Thu Jan-01-04 04:17 PM by Democrats unite
this afternoon For much to do about nothing?

Bottom line

She was a lesbian, San francisco has hates crime laws, which weren't used because it was not a hate crime!

I hate Bush as much as the next guy, so what? He has nothing to do with a local case.

I will state it again this kind of (call it what you want) looks down on the Gay community as a whole, and it is shamefull!

Cases like Matthew Shepard I will die defending! That is a hate crime. And I will state once agaim phelps will spend eternal life in Hell.

P.S. Brian_Expat, do you know who Matthew Shepard is?

edit spelling: forgot the spell check function.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:19 PM
Response to Reply #119
121. No, I have no idea who Matt Shepard is
:eyes:

It's bad to target gays with guns, but targeting them with killer dogs is OK? Aieeeeeeeeeee. How much America has to learn.
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Democrats unite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:24 PM
Response to Reply #121
130. For a Gay person who does not know who Matthrew Shepard is...
Says all that needs to be said about this thread and your posts. It had nothing to do with a gun.

When you are ready to learn about Hates crimes, read up on Matthew Sheppard.

I'm outta here.
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Lars39 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:35 PM
Response to Reply #130
144. The eyeroll means sarcasm.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:38 PM
Response to Reply #144
147. Bingo
I mean, I'm talking about a hate crime, you'd hope I knew who Matt was.

As for the Dems Unite's claim that Shepard's death had "nothing to do with a gun," I think that's hilarious coming from someone who claims to know about that case. Matthew Shepard was pistol-whipped to unconsciousness and eventual death.
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Lars39 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:45 PM
Response to Reply #147
154. Threads like this are pretty revealing, aren't they?
Reinforces my belief that there are some here to work an agenda. How else to account for the unwillingness to even look at the facts?

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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:51 PM
Response to Reply #154
163. They are indeed
If I had 10 cents for every time someone who has no real interest in the gay community told me I didn't know anything about gay issues, I'd be rich.

If I had an extra five cents every time they got basic details wrong about the cases they deigned to lecture me on, I could buy Manhattan. :)
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:09 PM
Response to Reply #154
178. Good question..............
Facts are one thing, and agendas are something else all together.

That facts are that these people were convicted of involuntary manslaughter, and are serving time for it.

The agenda is to make everyone believe that because the victim was gay, automatically this is a hate-crime against gays and the perps should have received a much stiffer sentence.

Thankfully it didn't work......this time.



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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:12 PM
Response to Reply #178
179. Heh
The woman was terrorized by the perps because she was a lesbian. They didn't "intend" for their dogs to kill her, just terrorize, injure and intimidate her.

That's a hate crime, sorry.
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Democrats unite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:45 PM
Response to Reply #147
155. He was pistol whipped not shot...
Not being shot was my point. He was left for dead on a fence. You can roll your eyes all you want. Learn what a hate crime is.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:49 PM
Response to Reply #155
160. I didn't say he was shot
Edited on Thu Jan-01-04 04:54 PM by Brian_Expat
I mentioned a gun, not that he was shot.

Anyone who is familiar with the Shepard murder case would be familiar with that detail (that he was pistol-whipped to death). Don't lecture me if you don't know the facts.
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Democrats unite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:52 PM
Response to Reply #160
165. The facts present themselves all through this thread...
Like I said learn what a hate crime is. This is my last post and last visit to this thread
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:54 PM
Response to Reply #165
168. "Learn what a hate crime is."
How condescending! And coming from someone who told me to "study Matt Shepard" but didn't know he was pistol-whipped to death. Sheesh.
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Liberal Veteran Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:05 PM
Response to Reply #168
175. One thing that people who argue against hate crime laws fail to see...
Is the fact that a hate crime is nothing but terrorism in purest form and in it's original definition.

The point of selecting a target from a particular minority is to send a socio-political message to ALL members of that minority.

Burning a cross on a lawn, gaybashings, painting swaztikas on people's property or graves...all these things are aimed at entire minority in question, not just the person who had the bad fortune to be the person singled out. The people who do these kinds of crimes are basically saying "because we hate your kind, you better watch yourself or you could be next".

That's what the difference is between a hate crime a random or personal crime.

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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:09 PM
Response to Reply #175
177. This poor woman was terrorized because she was a lesbian
And the perps got pleasure out of it. There is no denying either of those points -- they're documented in the trial. That their crimes against her led to her death is further evidence of murder -- which would have been the case had the judge not stepped in and watered down the sentence.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:58 PM
Response to Reply #175
209. No one is arguing against hate crimes..................
it's just that for there to be a hate crime, there has to be a hate crime.

Not everyone believes that just because a victim is a member of a certain minority group, everything that happens to them is a direct result of their being part of that group....sometimes things happen independently of your sexual preference.
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Liberal Veteran Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:30 PM
Response to Reply #209
222. Try orientation....not preference.
I prefer vanilla ice cream to chocolate. My sexual orientation is not open to choice.

And I never implied that everything that happens to a particular minority is related to that, so please don't presume to put words in my mouth since I am more than capable of speaking for myself.

And yes, some people have made the statement that all crimes are hate crimes, which has traditionally been the argument against bias crime leglislation, and there have been a few people who have made exactly that statement on this thread.

Quite honestly, you seem to be the only person in this entire thread that is working under the false assumption that minorities believe that any act of violence against them is a direct result of a bias and worthy of a charge of bias crimes. You've even gone so far as to ignore point after point of evidence that that indicates there was a bias crime involved in this particular case, including statements from the people you are so anxious to defend.

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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:59 PM
Response to Reply #209
238. Yes, except that
these morons wrote letters expressing their glee at the fact that the dogs were terrorizing her! They made a mocking reference to the fact she was a lesbian.
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Liberal Veteran Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:04 PM
Response to Reply #238
242. When a person appears to deliberately ignore the facts...
...such as those you and several other posters have pointed out to this person in great detail, time and again, it makes me question why a person would continue to cling to their arguments. It just doesn't seem rational.
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:44 PM
Response to Reply #242
256. Question no more..........
I cling to my 'arguments' because I do not believe that this death should be classified as a hate crime or a murder.

Simple really.
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prariedogging Donating Member (32 posts) Send PM | Profile | Ignore Thu Jan-01-04 06:50 PM
Response to Reply #130
234. You are 100% correct.
Brian is a wanna-be.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 04:21 PM
Response to Reply #119
126. PS
Are you in agreement with the statement below?

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=975367&mesg_id=975847&page=

Hostile climate where? At my house? No, it's very friendly here. At the local grocery store? As far as I can tell it fine there too. How about at the local gay establishment? I suppose the climate there is more hostile but, in my opinion, that has less to do with Bush and more to do with the fact that the gay and lesbian crowd are frequently angry at anyone who is less than completely pro-actively supportive of their agenda.
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chiburb Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:20 PM
Response to Original message
183. A question (or two) for Brian...
Isn't your "outrage" a little late? I mean, shouldn't you (and those equally outraged) have been in the streets after the judge reduced the verdict to involuntary manslaughter? The article says that the woman served "most of her 4 year term", counting good behavior and time in jail before and during trial. Wouldn't everyone have known this was coming?
I don't pretend to remember the details of the case, and I don't have time or interest to read the transcript of the trial. What I do know is that often when a judge overrules a jury's verdict there's a good reason for it. Was his decision appealed? And the result of that?
Susang said it best for me: ALL murders are hate crimes.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:22 PM
Response to Reply #183
185. The judge's decision couldn't be appealed
He simply nullified the jury's unanimous conviction for murder, saying it was "too much."

I did attend a candlelight vigil for her that was a protest of the ruling in San Francisco. After that vigil was one of the two times I got gaybashed in Northern California when I lived there.
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Liberal Veteran Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:39 PM
Response to Reply #183
197. Perhaps the problem is calling them "hate crimes"....
Edited on Thu Jan-01-04 05:40 PM by liberal_veteran
When the more accurate term would be "bias crime" or even "terrorism".

Perhaps being in a minority that is often targeted I have a different understanding of what it means to be singled out because of my sexual orientation.

You see, when all the tires on my road are slashed by a bunch of punks with lousy parents, I can handle that.

On the other hand, if only my tires are slashed and someone paints "faggot" on my doorstep, I have been singled out for an act that is designed to terrorize me because someone hates homosexuals.

Same thing when something happens to someone like James Byrd. As a white male, although the dragging death James Byrd outraged me, it did not instill a sense of fear into me the same way it would if I had been an African-American living in that region, knowing that there were people out there targeting me, not for random violence, not for a interpersonal grievance, but because of the color of my skin.

So yes, you could say that all murders are hate crimes, but are all murders bias crimes?

Anyone who doesn't know what it feels like to feel targeted for socio-political reason needs to think back to how you felt on 9/11 when a group of people decided to make a statement against Americans in general. An overwhelming majority of Americans felt a lot less safe than they did 9/10. That's what it feels like to be a minority and live in a community where a bias crime has occurred.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:42 PM
Response to Reply #197
198. I agree with you completely. n/t
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chiburb Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:45 PM
Response to Reply #197
201. I get it...
Thanks for the thoughtful post.
I still have questions re the outrage over the judge's decision though. Was his removal from the bench demanded or demonstrated for? Was today's outrage expressed then? Why is the parole of this vile woman a surprise now?
Again, thanks for your post.
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Brian_Expat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 05:58 PM
Response to Reply #201
208. My takes
Was his removal from the bench demanded or demonstrated for?

Yes, but he was a liberal darling who believes that people can be "rehabbed" and so overruled the jury because with a 2DM verdict, Knoller couldn't be paroled.

Was today's outrage expressed then?

You'd better believe it, and pink tutu libDems said "oh, it's just the gays, they have to go with us anyway."

Why is the parole of this vile woman a surprise now?

It's not a surprise to me, just an outrage. One of the things the judge promised when he changed her sentence is that she'd serve her full term -- yet another promise broken.
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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:50 PM
Response to Reply #197
233. Well said n/t
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 06:23 PM
Response to Original message
218. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:45 PM
Response to Reply #218
228. No
The idiots who owned these weapons didn't care that they were putting Diane Whipple in danger, and were in fact getting a kick out of the fact that they were terrorizing her. The idiots even wrote it down on paper, making it very clear evidence against them! Not only were they clearly negligent in their handling of the dogs, but they showed complete depraved indifference of the victim's life, while noting her sexuality mockingly in the letter.

No one in this thread is saying the weapons knew her sexual orientation. They are saying the owners did.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 06:48 PM
Response to Reply #228
231. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
chiburb Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:49 PM
Response to Reply #228
232. Don't bother...
I think he'll be 'underground' soon...
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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 06:55 PM
Response to Reply #232
236. Yeah
I didn't see his other responses in this thread until after I responded. Until then his argument only sounded like some of the others here, unfortunately.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Jan-01-04 06:57 PM
Response to Reply #232
237. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Isome Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 09:15 PM
Response to Reply #228
281. "They are saying the owners did."
It should also be said that the acceptance of that woman's parole, after only a couple of years, can probably be attributed to the fact that Ms. Whipple was gay. There will be vehement denials galore, no doubt, but the bizarre way in which blame has been shifted onto her for not moving tells a different story.

Had the victim been a straight, non-white man, woman or child, the outcome would have been the same: shift the blame to the victim and let the perpetrator out of prison after a few measley years.

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TorchTheWitch Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 07:12 PM
Response to Original message
245. Prosecutor Says Not About Homosexuality
It's really interesting that the whole "lesbian" angle was actually brought out by the attorney for Knowler, and it was the prosecutor who denied that homosexuality had anything to do with the case. Also interesting to note that the prosecutor refutes that the defendants had an intent to harm Diane.

http://www-cgi.cnn.com/TRANSCRIPTS/0203/20/cf.00.html

Carlson - Questioner
Cardoza - Prosecutor
Ruiz - Counsel for Defendant, Knowler


<snip>
PRESS: All right, you've made your point. I want to move on, please. I think anything goes in a trial. Anything goes on CROSSFIRE.

But today, I really thing you went over the line. In your closing statements, whenever it was, not today, you suggested that the prosecutor only brought this case because Ms. Whipple is a lesbian and they were trying the city to curry favor with San Francisco's gay community. Isn't that the most despicable thing an attorney could do and shame on you. How do you defend that?

RUIZ: After this tragedy occurred, Marjorie and Robert were not arrested because an inspector named Becker concluded, after talking to the chief medical examiner, that it was a tragic accident. Now as the weeks passed, in fact, all of February, many of Diane Whipple's friends became very concerned that because she was gay, no prosecution would be undertaken.

CARDOZA: That's not true.

RUIZ: And they began to picket 2398 Pacific. And Sharon Smith carried a sign around saying, "It's murder."

CARDOZA: Not true, Nedra. You know it.

RUIZ: No, she's been on videotape saying that this is murder.

CARDOZA: That's correct, certainly she said that. She hasn't picketed, nor have her friends.

RUIZ: She is hardly disinterested. She is incredibly biased and she lied before the grand jury and she lied at trial.

PRESS: Ms. Ruiz...

CARDOZA: There you go again.

PRESS: Ms. Ruiz, you, if I may, you're just avoiding the basic facts in the case. Whether she was lesbian or straight, she was killed by the dogs. Right? It has nothing to do with whether she's gay. Why did you introduce that -- her lesbianness or that gayness into the trial today?

RUIZ: Because my client's bail was set at $2 million. And it's incredibly excessive. And it was a result of the political pressure brought to bear by the gay community in San Francisco.

CARLSON: OK, now...

CARDOZA: Please, Nedra, please.

RUIZ: That's why. That's why. There's absolutely no reason for my client to have a $1 million bail. And it's absolutely unbelievable that a person with no criminal history, involved in the criminal justice system for the very first time, because of what a dog did...

CARDOZA: And involved with the Aryan brotherhood, pointing out where they could find people to kill. Please, Nedra.

CARLSON: OK, Mr. Cardoza.

RUIZ: There's no evidence of that. None whatsoever.

CARLSON: Now Mr. Cardoza, in the 30 seconds we have left. Ms. Ruiz, please. One last very quick question, is there any evidence at all that either of the dog owners sought to harm, intentionally wanted to harm Diane Whipple?

CARDOZA: They don't have to intentionally. That's not an element of the case.

CARLSON: So no is the answer?

CARDOZA: That's an element of the case. Second degree murder.

RUIZ: That's a big no.

CARDOZA: No is the answer. No, it's a big no. But they don't need intent to kill for second degree murder. As you know, Nedra, if you understand the law. I understand this is your first murder trial. That's the law.
<end snip>
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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:10 PM
Response to Reply #245
264. Holy Cow!!!!!!!!!!!!!!!!!
You mean, they didn't want to harm Diane because she was a Lesbian?

You mean they had no intent to harm Diane at all?

You mean the investigating detectives origianally thought it was an ACCIDENT?


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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:37 PM
Response to Reply #264
270. Wow
We know investigative detectives have NEVER been wrong!!!!!!!!!

I already dealt with the whole intent thing elsewhere in the thread. They don't have to have intent to be charged with murder.

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BigDaddyLove Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:49 PM
Response to Reply #270
277. Yep...................
Edited on Thu Jan-01-04 08:55 PM by BigDaddyLove
don't let facts get in the way of a good argument.

They do need intent to be CONVICTED of murder however, which they didn't have and which is why they weren't.

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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 09:23 PM
Response to Reply #277
284. No, they don't!
That is not true. You can be convicted of murder even if you did not intend the victim to die. In fact, it happens all the time.

Look, these people had weapons, deadly trained attack dogs, that they used to terrorize their neighbor. The dog ended up killing her, showing complete lack of disregard for her safety and her life. Lo and behold, the dogs killed her. THAT IS MURDER. That is what she was convicted of, and the idiot judge overturned that rightful verdict.

If I wave a gun at you to terrorize you, and it goes off, even if I didn't intend it to, that is murder. Intent does not matter, even for a conviction. You couldn't be more wrong riding on a bus to wrongville.
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TorchTheWitch Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-02-04 01:50 PM
Response to Reply #284
292. not according to the law
Edited on Fri Jan-02-04 01:58 PM by TorchTheWitch
Look, these people had weapons, deadly trained attack dogs, that they used to terrorize their neighbor. The dog ended up killing her, showing complete lack of disregard for her safety and her life. Lo and behold, the dogs killed her. THAT IS MURDER. That is what she was convicted of, and the idiot judge overturned that rightful verdict.

It's not murder, it's manslaughter.

http://writ.news.findlaw.com/commentary/20020619_morrison.html
<snip>
Under California law, a defendant is guilty of second degree murder if her actions, though not specifically intended to cause death, carried a "high probability" of resulting in death. The judge in this case (fulfilling his responsibility under California law to engage in an independent assessment of the sufficiency of the evidence) concluded the evidence did not show that Knoller knew or should have known there was a high probability that taking her dogs outside without muzzles would lead to a fatal attack. Thus, the judge concluded, Knoller's conduct did not qualify as second degree murder under California law.

...

As noted above, to satisfy California's standard for second degree murder the prosecution must show the defendant acted with such disregard for human life that she created a "high probability" of a fatality. The classic example of such conduct is when a defendant intentionally fires a gun into a crowded area. Even if the defendant did not specifically intend to kill anyone, firing the gun in that circumstance is sufficiently likely to cause serious, even fatal harm that the law regards her as guilty of murder.
<end snip>

http://www.dogbitelaw.com/PAGES/Whipple.html#newtrial
<snip>
During the trial, the prosecutor's expert witness, Dr. Lockwood, was asked what the odds were that Bane would kill Whipple on the day that she died. Lockwood said that the odds were "zero to one in ten million." This meant that, in other words, there was no probability at all.

To be convicted of murder, however, there had to be a high probability of death. Because the prosecutor's own expert testified that there was none, the murder conviction was unsupported by the evidence.
<end snip>

The judge had a duty to overturn the guilty verdict on the second degree murder charge because it is the duty of the judge to adhere to the rule of law.

The jury delivered a guilty verdict even after being instructed on the rule of law before deliberation. When interviewed after the verdict, members of the jury admitted the rendered a guilty verdict because the believed that Knowler was lying. However, it is the duty of the jury to adhere to the rule of law, and in this case, they didn't because they heard testimony from the PROSECUTION'S own expert witness that there was no probility that the dogs would kill Diane.

Because it is the judge's duty to adhere to the rule of law, he had to overturn the ruling... that's his job.

<On edit - hit post before I was finished>
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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-02-04 02:20 PM
Response to Reply #292
293. Wrong again
Edited on Fri Jan-02-04 02:22 PM by Pithlet
This is where the judge misinterpreted:

Under California law, a defendant is guilty of second degree murder if her actions, though not specifically intended to cause death, carried a "high probability" of resulting in death. The judge in this case (fulfilling his responsibility under California law to engage in an independent assessment of the sufficiency of the evidence) concluded the evidence did not show that Knoller knew or should have known there was a high probability that taking her dogs outside without muzzles would lead to a fatal attack.

Emphasis added to prove my point; intent is not needed for conviction.

If the judge really thought that the owners shouldn't have known better than to take TRAINED KILLER DOGS out without a muzzle on, out into the hallway where the dogs had been known to threaten before (remember, they wrote about it themselves in the letter!) then the judge was an idiot. There was every way that could have been applied to second degree murder.

Those dogs without muzzles were the equivalent of a gun without the safety on. Point that at someone, especially someone you'd been threatening, and they die, and bingo! Second degree murder.

You do not have to have intent to get convicted of murder. The very example you gave backs me up.
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TorchTheWitch Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-03-04 07:14 PM
Response to Reply #293
302. I sure hope you like to read ;)
This is where the judge misinterpreted:

Under California law, a defendant is guilty of second degree murder if her actions, though not specifically intended to cause death, carried a "high probability" of resulting in death. The judge in this case (fulfilling his responsibility under California law to engage in an independent assessment of the sufficiency of the evidence) concluded the evidence did not show that Knoller knew or should have known there was a high probability that taking her dogs outside without muzzles would lead to a fatal attack.

Emphasis added to prove my point; intent is not needed for conviction.


Actually, it is you that is misinterpreting the law. As you point out, it is obvious that intent isn't required, yet you ignore the rest of the requirements of the law - that it must be proven that there was a high probability that death would result. In this case, the prosecution ONLY alleged that there was a high probability that the dogs would kill, which they failed at by putting forth their OWN expert witness (a renowned canine behaviorist) who negated that there was a high probability that death would result, and I already quoted both of these facts in the post you responded to.

Under California law, a defendant is guilty of second degree murder if her actions, though not specifically intended to cause death, carried a "high probability" of resulting in death.

In other words, to be convicted of second degree murder it isn't necessary that it is proved she intended to cause death, but it must be proven that there was a high probability that death would result... second degree murder = intent to cause death doesn't matter, high probability DOES matter.

Since the prosecution didn't need to prove intent but DID need to prove high probability that death would result, they put forth allegations that, due to Knowler knowing the dog was dangerous, there was a high probability that death would result. The prosecution put forth NO allegations that Knowler intended to cause death because they didn't NEED to in order to get the conviction. They obviously thought that it would be far easier to prove that there was a high probability that death would result then it would be to try and prove that there was intent to cause death. They took the easiest path to a conviction, ignored the more difficult path of needing to prove intent (because it wasn't necessary anyway), and by their own stupidity, they put forth their OWN expert witness who blew the high probability allegation for them.

The judge must rule ONLY on what the prosecution alleges in the case. The prosecution ONLY alleged that there was a high probability that death would result and did NOT allege there was intent (because they didn't have to). Because the prosecution's OWN expert witness refuted the ONLY allegation they put forth (that being the high probability that death would result), as I said before, it is the judge's duty to uphold the rule of law... to be guilty of second degree murder the prosecution must prove that there was a high probability that death would result - they couldn't prove it, therefore the judge had to uphold the rule of law regardless of the jury's verdict because it is the judge's job to uphold the rule of law. If the prosecution put forth an expert witness who testified that there WAS a high probability that death would result, it would more than likely have been a slam dunk as it is obvious the jury would have convicted her for second degree murder, and the judge granted Knowler's Motion for a new trial largely based on this particular. The prosecution screwed up the case for themselves, but it's hardly the first time that a party's own expert witness have lost those party's cases for them.

Here is Knowler's Motion that the judge granted which overturned the second-degree murder charge:

courttv.com/trials/dogmaul/docs/new_trial.pdf

Here is evidence that the prosecution only alleged that they were going for the high probability angle and believed that they didn't need to prove intent (as the law states), so they didn't bother trying to prove intent (and as you said yourself, why the hell should they if the law says they don't have to?):

http://www-cgi.cnn.com/TRANSCRIPTS/0203/20/cf.00.html
<snip>
Carlson - Questioner
Cardoza - Prosecutor
Ruiz - Counsel for Defendant, Knowler

CARLSON: Now Mr. Cardoza, in the 30 seconds we have left. Ms. Ruiz, please. One last very quick question, is there any evidence at all that either of the dog owners sought to harm, intentionally wanted to harm Diane Whipple?

CARDOZA: They don't have to intentionally. That's not an element of the case.

CARLSON: So no is the answer?

CARDOZA: That's an element of the case. Second degree murder.

RUIZ: That's a big no.

CARDOZA: No is the answer. No, it's a big no. But they don't need intent to kill for second degree murder. As you know, Nedra, if you understand the law. I understand this is your first murder trial. That's the law.
<end snip>

The reason there was ever a second degree murder charge at all was because Knowler and Noel so appalled the grand jury panel by their lack of remorse the panel returned a second degree murder indictment against her:

http://www.courttv.com/trials/dogmaul/background-c_defendants.html
<snip>
But on the stand, Knoller also admitted that she fumbled for her keys following the attack, leading a grand jury to return a second-degree murder indictment against her - far from the image of the "nice Jewish girl from Brooklyn" her lawyer paints of her.
<end snip>

The prosecution was even stunned by this charge as they never expected it and admitted that they didn't think a second degree murder charge would stick:

http://www.courttv.com/trials/dogmaul/background-a_intro.html
<snip>
Her bizarre reaction touched off a string of oddities displayed by the couple, who were indicted more than a month later by a grand jury. Their findings even stunned prosecutors when the 19-member panel returned an indictment against Knowler for second-degree murder.
<end snip>

http://www.courttv.com/trials/dogmaul/background-g_bothsides.html
<snip>
Prosecutors themselves admit they didn't expect to be trying a murder case. Even Assistant District Attorney James Hammer admits that the "odds are stacked way against us on murder."
<end snip>

They only expected they could charge Knowler with manslaughter and a vicious dog case and admit that it was the behavior of the defendants before the grand jury that brought the second degree murder charge:

http://www.courttv.com/trials/dogmaul/background-g_bothsides.html
<snip>
"If they had behaved differently, it would have been different. It wouldn't have been murder, that's for sure," said District Attorney Terence Hallinan, according to a San Francisco Chronicle Magazine article. "We went into that grand jury thinking we had a manslaughter and vicious dog case. The difference was they went into the grand jury and testified."
<end snip>

If the judge really thought that the owners shouldn't have known better than to take TRAINED KILLER DOGS out without a muzzle on, out into the hallway where the dogs had been known to threaten before (remember, they wrote about it themselves in the letter!) then the judge was an idiot. There was every way that could have been applied to second degree murder.

The letters don't matter as far as second degree murder is concerned as the prosecution ONLY presented them in an attempt to show that they didn't care that their dogs menaced people and they knew they were dangerous because the prosecution was NOT claiming intent. Intent would have to be "beyond a reasonable doubt," and clearly there WAS reasonable doubt... nothing was said in the letters that Knowler intended to kill Whipple. Hateful things were said that showed they very obviously didn't like Whipple and probably even hated her, but there was nothing in any letters that said Knowler intended to kill her. If I write a letter to someone and say mean things about X and at a much later date I run into X's car with my car while X was in their car and X died as a result, in no way could it be proven beyond a reasonable doubt that I INTENDED to kill X by hitting their car with mine while they were in their car. The prosecution knew of the virtual impossibility of trying to prove intent, and since they didn't NEED to anyway, their only allegations were that Knowler knew there was a high probability that the dogs would kill Whipple.

Also, it doesn't matter what the judge's personal beliefs are. Good grief, what the hell good does it do to have laws if judges can go by what they BELIEVE rather then making rulings according to the rule of law with what's been presented in the case? The judge very well may have personally believed that Knowler fully intended to kill Whipple with her dogs and maybe even commanded them to do so, BUT the judge can only make decisions based on what allegations the prosecution puts forth... and thank freakin' God for that otherwise it would be perfectly acceptable for judges to overturn rulings for whatever their own personal feelings are - what if the judge personally believed that Whipple was asking for it because she didn't move out of her apartment and decided to throw out the case completely based on his personal beliefs? We have laws for a REASON, and it's the judge's duty that they be followed even if it means that they have to make a decision they personally may feel isn't right.

In fact, the judge was clearly disgusted by Knowler and Noel, and personally believed that Knowell should be convicted of second degree murder. However, a judge CANNOT take their personal beliefs into account when making a ruling.... they MUST adhere to the rule of law because that is the judge's JOB.

http://www.courttv.com/trials/dogmaul/061702_ctv.html
<snip>
"This does not in any way excuse or change the horror of what happened ... This does not minimize or excuse the despicable conduct of the defendants," Warren said. "I don't believe there is anybody in San Francisco who would rather not see Ms. Knoller go to prison for second-degree murder."
<end snip>

Those dogs without muzzles were the equivalent of a gun without the safety on. Point that at someone, especially someone you'd been threatening, and they die, and bingo! Second degree murder.

Actually, that's not true. It would have to be proven beyond a reasonable doubt that the person knew the safety wasn't on and that the gun going off was not an accident... that's often where physical evidence and ballistics comes in. People get shot by accident all the freakin' time and certainly not all of them are convicted. Most don't get convicted. Remember... it has to be "beyond a reasonable doubt." Anyway, you can't make gun comparisons in this case as the case didn't involve any guns. Dogs are living beings that have their own minds and are capable of doing things all on their own - gun's can't, therefore, no legitimate comparison to guns can be made. In law you have to deal with the case that's presented, and in this case, no guns were involved. The prosecution screwed up their own case, and it is THEIR fault that the verdict was overturned. They were negligent in presenting an expert witness that destroyed their own case. If Whipple's partner was smart, she'd sue the prosecution for legal malpractice... the prosecution in no way should have presented an expert witness that negated their own allegations.

You do not have to have intent to get convicted of murder. The very example you gave backs me up.

As explained, it is obvious that intent isn't necessary for a conviction, and you misinterpreted the law by disregarding the part that says that in order to convict for second degree murder, it must be proven that there was a high probability that the dogs would kill Whipple, and the prosecution was unable to prove that as they ended up presenting evidence that shot them in the foot. Contrary to the jury's duty, they disregarded the evidence that was unfortunately presented by the prosecution that clearly showed there was no high probability that the dogs would kill Whipple, and they delivered a guilty verdict that disregarded the rule of law. It is the JOB of the judge to make sure that the jury adheres to the rule of law, and if they don't to rectify that. Guilty verdicts for murder can only be rendered if it is "beyond a reasonable doubt" that the defendant is guilty. Given the fact that the PROSECUTION presented evidence that very clearly refuted their own allegations, there is no possibility of "beyond a reasonable doubt."

Like just about everyone else, I'm as disgusted by the utter lack of remorse by both defendants. However, the condition of Knowler immediately after the attack does show that she may not have intended for the dog to kill Whipple. She was covered in blood, her sleeve was ripped, she had a black eye and there were cuts on her hand consistent with the marks of a leash being ripped out of her hand. If she intended for the dog(s) to kill Whipple, why the injuries, the blood and the ripped clothing? There is no way the prosecution could prove intent "beyond a reasonable doubt" because Knowler's condition refutes "beyond a reasonable doubt." Therefore, their only option to get a legal conviction for second degree murder, they had to prove that there was a high probability that the dogs would kill Whipple. It's a damn shame that the prosecution screwed up on something so easily avoided because if they had put up an expert witness that claimed there WAS a high probability that the dogs would have killed Whipple, clearly the jury would have agreed and there would be no reason for the judge to need to overturn the verdict.

Certainly, the defendants were incredibly negligent in taking these dogs out in public without proper restraint or being muzzled especially considering that they had lunged at people and had bitten people before. And certainly their complete lack of remorse and even finding it amusing that people were menaced or bitten by their dogs is inexcusable. But because of a devastating mistake on the part of the prosecution, it wasn't murder under the LAW.


<I used to be a litigation paralegal - the law ain't no stranger to me ;)>
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opihimoimoi Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:38 PM
Response to Reply #264
273. They were guilty of teasing Murphy and his firm. They knew the odds
Its like letting your child play on a busy road where there is a lot of 18 wheelers.

Its an accident?
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oldcoot Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-01-04 08:59 PM
Response to Original message
280. Did she ever show remorse?
According to the article, it does not sound like either Knoeller or Noel actually ever showed remorse for the crime. Apparently Schneider urged them to apologize but they didn't want "to be kissing ass." Funny, I always thought one was suppose to show remorse before getting paroled.

Obliviously, anyone who is truly a member of the "law and order" crowd would oppose this parole. Hey, didn't Governor Schwarzenegger just announce that the state of California was going to start paroling more inmates to save money? I wonder if there is a connection.
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TorchTheWitch Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-02-04 01:18 PM
Response to Reply #280
290. certainly not after the incident
and none during the trial either. That's what is so horrible about this case... neither one of them care one bit.

Funny, I always thought one was suppose to show remorse before getting paroled.

So did I. Could be that she showed remorse while in prison in order to get paroled. Then again, you can still be paroled on good behavior which is apparently what the reason was. I don't know if "good behavior" includes showing remorse or if that's a separate issue.

Either way, I don't believe either of them will ever be actually remorseful in truth.
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SwellGround Donating Member (76 posts) Send PM | Profile | Ignore Fri Jan-02-04 03:04 PM
Response to Original message
295. Wait a damn minute...the dogs KNEW she was a lesbian?
You are not serious I hope.
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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-02-04 03:12 PM
Response to Reply #295
297. Coming in a little late, aren't you?
Haven't actually read any of the other posts, I bet.
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SwellGround Donating Member (76 posts) Send PM | Profile | Ignore Fri Jan-02-04 03:21 PM
Response to Reply #297
298. Takes ten minutes to load
Instead of brow beating me why not fill me in?
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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-02-04 03:31 PM
Response to Reply #298
299. Well, to recap
sorry, but guess I'm touchy after some of the responses in this thread. I hardly think anyone thinks the dogs themselves knew she was a lesbian.

Owners of vicious trained attack dogs wrote letters to a friend in prison laughing about how their dogs were terrorizing the "dyke" next door (they lived in an apartment building) and took no steps to make sure it stopped happening. Then one day the dogs actually kill her in the hallway. The owners were convicted of 2nd degree murder but the judge overturned the verdict.

There are those here who are insisting that the whole thing was an accident, and the push for a conviction was only due to pressure from gay rights groups, despite the fact there was evidence that at the very least the owners didn't care what happened to the victim they referred to in a derogatory fashion, and despite the fact that the prosecution themselves stated it had nothing to do with the victims sexual orientation or any hate crime legislation.

I hope that clears it up.
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bpilgrim Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-02-04 03:33 PM
Response to Reply #295
300. the dogs know only who their masters FEAR/HATE
peace
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