michael baden. dr. baden, welcome back. >> hi. see you. >> steve: so, you know, it would be one thing if they went up to a suspect and said hey, can you give us a swab? they didn't do that. apparently there was a lot of d.n.a. all over that apartment building. >> right. >> steve: and they compared it to publicly available d.n.a. it sounds like somebody in his family did one of those 23 and me things or what's in a government law enforcement data base and they tracked it down to him through them. >> yeah. that's a possibility. the only caution we should have is this is all unofficial information. >> steve: 100 percent. >> released on the internet. once he has gotten back to moscow from pennsylvania, extradited perhaps today or tomorrow. >> right. >> then the prosecutor, in idaho, will be able to present -- to have hearing on the warrant that they have and release it the information, which his arrest is based. >> steve: right. >> which might include d.n.a. to do d.n.a., he has to have left d.n.a. at the scene. and with all the blood

michael baden said, defense lawyers will attack that as being unreliable. the first thing i would have done when i arrested kohberger, i would have asked for saliva swab. if he didn't give it, i would have get ten a court order for a dna. if there's any of his skin under the fingernails of the two girls, now you can do a clear test to find out whether he really was the killer. i think we need to be careful about doing a victory lap in this case. there's a hearing that has to take place in idaho of 14 days of kohberger making his first appearance. at that preliminary hearing, a judge decides if there's substantial evidence on each and every element of a first degree murder charge. unless he waives that, i doubt his lawyers will let him do that. the prosecution will have to have a boat looked of forensic evidence in the next three weeks. >> martha: yeah, you make a great point, brian. we've seen homicide cases that looked like they were clear that did not return guilty verdicts. we'll see where this goes. thanks, brian. with that, let's bring in ted williams,

michael baden, thank you. air marshals hitting back at the biden administration. >> ashley: we'll bring you new warning about american airports next. >> we will not catch al qaeda in el paso, it will happen here in an airport in a commercial aircraft. funds can help your business get a payroll tax refund, even if you got ppp and it only takes eight minutes to qualify. i went on their website, uploaded everything, and i was blown away by what they could do. getrefunds.com has helped businesses get over a billion dollars and we can help your business too. qualify your business for a big refund in eight minutes. go to getrefunds.com to get started. powered by innovation refunds. >> ashley: fox weather alert. two twisters reported in louisiana, 14,000 people without power. >> todd: in arkansas, powerful storms devastated little rock. 20 tornado warnings issued between both states. senior meteorologist janice dean joins us. you have serious stuff to get to. welcome back, jd, happy new year. >> janice: we have activ

michael baden, famed forensic pathologist and fox news contributor. >> what caused him to pick these people out? he had this bizarre research report from the college in pennsylvania that he was doing, interviewing criminals as to why they killed people and how they feel. so there are a lot of potential red flags for motives. >> rich: we have dan springer live in moscow, idaho. dan? >> rich, his public defender, as you said, indicated that he was going to waive his extradition at that hearing scheduled in pennsylvania tomorrow because he was eager to be exonerated. if he does that, as we expect he will, he could be back in the state of idaho as early as tomorrow night and then perhaps in front of a latah county judge as early as wednesday. that's when he would be officially charged with those four counts of murder. he was arrested friday morning at his parents house in eastern pennsylvania. he was at the home since mid-december after driving more than 2,000 miles from pullman, washington, with his father, and they were reportedly in kohberger's white hyundai elantra. the police were l

michael baden forensic pathologist how jean logical d.n.a. was used to help catch the suspect.g to be coming up today at 7:30 a.m. >> griff: so many questions. not only how they caught him but to your point, what was the motive, we still really don't know why. >> nicole: that won't be released until is he actually seen in court. >> steve: think about what he said. he wants to come back. he wants to waive that extradito he can prove he was innocent. on reddit asking people about the perfect crime. reportedly, he was -- after the murders, he was wearing gloves to the grocery store. he was trying not to have any fingerprints and stuff like that. dr. baden is going to be talking about how that d.n.a. was used there was d.n.a. collected at the site of the murders that night, a couple of months ago. and then apparently it was compared to d.n.a. through family members. family members may have submitted to, you know, one of those online genealogical things to see their heritage. and so it was publicly available. so, they didn't say hey, would you submit to a swab, they already had the

examiner who performed the autopsy could not say how jeffrey epstei n the pathol forensic pathologist michael baden, who was also presenogistt that day, came away believingg i epstein had been murdered after reviewing more than a thousand suicides by hanging in new york state, but and later saidn he couldn't find a single neck injury, not one that matched the injury that epstein sustained. jeffrey epstein did not kill himself, but he concluded he was strangled.n di the physical evidence he saw at the autopsy made that obvious. but new york city's chief pr medical examiner, barbara sampson, who was not present at the autopsy, overruled the judgment of those who were days later on the basis of no new evidence or investigation. p >> barbara sampson simply declared jeffrey epstein's death a suicidne. that was the city's official but totally unsupported conclusion, which bulbar and many others promptly repeated. >> why did chief medical examiner barbara sampson do that? we don't know. we called sampson to ask her, but she hung up on us. >> then there's the question of the videotape, which cited both cam

michael baden is a forensic pathologist who joins us tonight.perspectiv doctor , thanks so much for coming on . if you wouldn't mind just summarizing for us what we know, what you know about epstein's death. >> well, i was present at the autopsy and there were three fractures in the windpipe that a much more typical crush a injury from homicidal strangulation than from hanging. homicidethey are particular hems in the eyes. >> again ing., more typical off a homicie a homicide and the ligatureture imprint on the neck didn't match match the ligature that was present in the cell made fromine a sheet. cl >> so i thoughmade frot that maa more likely that this is homicide than a suicide. but we never got to find out how the body was found. was he found hanging or not, for example, because the twond the two guards were sleeping through that time. her was dead for a few hours before he was found.s and the two guards never madee a statement that was released as to how the body was found. that the body was just cut down and brought out to a hospital where