This is a rush transcript from "On the Record ," September 10, 2007. This copy may not be in its final form and may be updated.

VAN SUSTEREN: According to the British media, Portuguese police say Kate McCann failed to prevent her daughter Madeleine's death, and they now claim proof. This proof, according to reports, includes forensic evidence found at the Portuguese apartment where the McCanns were staying with Madeleine. It also includes the car the family rented nearly a month after they reported the toddler missing.

Forensic pathologist Dr. Michael Baden joins us.

DR. MICHAEL BADEN, FORENSIC PATHOLOGIST: Hi, Greta.

VAN SUSTEREN: Good evening, Dr. Baden. Dr. Baden, I must admit I find the reports perplexing in this story, and I'm not sure what to believe and what not to believe and how to be fair to the McCanns and fair to Madeleine and everybody else involved.

BADEN: Well, I think what's happening is we may be going down the road of three recent notorious cases. The worst of them, Jon Benet Ramsey. They call up (ph) a kidnapping. The police come, and they don't protect the scene. They muck up the scene. They never solve it properly. This was — this — the Portuguese police should have sealed and protected the scene. They didn't.

Natalee Holloway, where the concern was more, in my opinion, tourism than finding the possibility that a local could have killed a tourist. And many people in Aruba still think that Natalie Holloway ran away and is alive or that the family had something to do.

And the Duke players, where the prosecution claimed they had more evidence than they really had.

And I think — remember, 25 days, the body is severely decomposing. Where do they keep a decomposing body that has a terrible odor within a few days? Have they put it in the back of a car? If there was DNA from the body in the back of the car, it would have soaked into the rug. They couldn't get rid of it. Instead, apparently, the McCanns had hired the car to take away a lot of their clothing elsewhere, including the baby's, Madeleine's, clothing and toys, which have DNA on it.

VAN SUSTEREN: So you'd have a transference, which (INAUDIBLE)

BADEN: A transference of hair, of skin cells into the back of the car. I don't believe they could have blood, red blood still in a 25-day-old body.

VAN SUSTEREN: All right. Let me ask two questions because, I mean, I find this whole DNA transference thing as the most likely thing, but I don't know. It's early in the investigation.

BADEN: Right.

VAN SUSTEREN: In the event that they found her blood this late, could they tell whether or not there was any drug in the blood? If you find some dried-up blood, you know, three months or four months later...

BADEN: It's possible. It's amazing what they can do now. Toxicology has advanced tremendously. And even with drops of blood — you know, large drops of blood — they can find whether or not there are drugs in that blood. It's unlikely because after 25 days, the blood would have all turned greenish and wouldn't be recognized as blood.

VAN SUSTEREN: All right. One other sort of unusual situation here. These are in vitro babies...

BADEN: That's right.

VAN SUSTEREN: ... the two babies that they — and I guess that we don't know if they truly are both the biological parents of these — of Madeleine. So any blood that was found, would that have a DNA twist to it in terms of trying to determine...

BADEN: That would. When they say it matches Madeleine, how do they know what Madeleine's DNA is? They haven't found Madeleine. They don't know what her DNA is. And the parents would know whether or not it was his sperm and her egg, but...

VAN SUSTEREN: So there's another whole 'nother twist to it...

BADEN: That's another...

VAN SUSTEREN: ... that needs to be investigated.

BADEN: Another issue, yes.

VAN SUSTEREN: All right. Well, we just got to stick to the facts and see what we can figure out. Thank you, Dr. Baden.

BADEN: Thank you, Greta.

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