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Famed medical examiner Dr. Michael Baden, right, points out the attributes of a knife Friday in the murder trial of Daniel Jones as defense attorney Frank Kocka holds the knife. Photo by Gary Thompson.

Saturday, August 03, 2002
Copyright © Las Vegas Review-Journal

Aggressor in stabbing called unclear

Prominent medical examiner testifies in case of brothers

A renowned forensic pathologist testified Friday that he could not say whether Daniel Jones deliberately or accidentally stabbed his brother to death.

Dr. Michael Baden reviewed witness statements and autopsy records before testifying in the trial of Daniel Jones, who is accused of stabbing his brother, Steven Jones, to death during an April 2001 argument.

The defense offered Baden's testimony in the hope it would create in jurors' minds a reasonable doubt that Daniel Jones is guilty of murder.

"I can't tell if Steven was an aggressor running into the knife versus Daniel being the aggressor," Baden testified.

Later Friday, Daniel Jones testified the stabbing was an accident, but said he still feels responsible for the death. "I don't remember putting the knife into Steven," he said.

A jury is expected to decide next week whether Jones should be held criminally liable for his sibling's death.

According to prior testimony in the case, Daniel and Steven Jones were involved in a heated argument at Daniel Jones' condominium in the 1400 block of Linnbaker Lane, near Owens Avenue and Lamb Boulevard. The argument started after Steven Jones refused to give Daniel Jones a ride to cash his paycheck.

Daniel Jones testified that Steven Jones' girlfriend tried to break up the argument, prompting Steven to push her to the ground. "That's when I really started to panic," Daniel Jones said.

So he reached into the kitchen and grabbed a knife.

"I was trying to call his bluff," Daniel Jones continued, adding that in past confrontations, Steven Jones always had backed down when he stood up for himself.

But this time he didn't back down, Daniel Jones said, and the events that followed were a blur. He said he doesn't remember Steven Jones suffering the fatal wound, but he does remember his brother lunging at him.

Daniel Jones said it was at that point that he backed into the kitchen and tripped over the open dishwasher door.

"Then we just collided," he testified. After that, he said Steven Jones backed away and headed for the front door.

Police found Steven Jones dead from a stab wound to the chest outside of his brother's condominium.

During cross-examination, prosecutors questioned whether Daniel Jones had tripped over the dishwasher door. They noted that Daniel didn't reveal that detail in statements at the scene of the crime. It was months before Daniel spoke to authorities about the dishwasher, prosecutors said.

Also, at least one witness has contradicted Daniel Jones' account. Steven Jones' girlfriend, Katie Lamb, testified Thursday that she saw Daniel Jones stab his brother in the chest.

Baden is the driving force behind the HBO series "Autopsy," a popular show that documents how medical examiners help solve the most perplexing and bizarre crimes.

He is also an author who performed more than 20,000 autopsies as a chief medical examiner in New York City. He participated in federal congressional investigations into the deaths of both John F. Kennedy and Dr. Martin Luther King Jr.

In addition, he was a crucial prosecution witness in the Las Vegas murder trial of Sandy Murphy and Rick Tabish, who were convicted of murder in the death of Ted Binion.

Daniel Jones' attorneys called Baden to the stand Friday morning.

In detail, Baden offered the jury an extensive lecture on how stab wounds are inflicted. He told of how small knives can cause fatal wounds and how medical examiners can examine a stab wound and make assessments of what type of blade was used in the crime.

Baden said in reviewing witness statements and autopsy records from the Clark County Coroner's Office, he could not say whether Daniel Jones intended to kill his brother when he wielded the knife.

"He was using it either as a weapon or to protect himself, depending on one's interpretation," Baden said.

Baden's testimony only slightly contradicted the previous testimony of Clark County forensic pathologist Gary Telgenhoff, who performed the autopsy on Steven Jones. Telgenhoff also said there was no way to determine whether Steven Jones was stabbed deliberately.

Telgenhoff said he is skeptical, however, of the possibility of someone falling on a knife, which is a scenario offered by one of Jones' defense attorneys.

"I have a very difficult time believing that is a plausible scenario," Telgenhoff said.

The jury in the case could start deliberating Monday.