plus, impossible to make sense out of it. >> a man who served under three presidents turns up dead in a landfill. >> you think his dealings with the government had anything to do with it? >> it's possible. >> new clues in a political murder mystery. >> governor arnold schwarzenegger. >> shepard: the family of a murdered college student calls it despicable. >> now he has to go through the back door with his buddy arnold to cut a deal. >> shepard: tonight, governor schwarzenegger explains his parting gift to a prisoner with a powerful father. first from fox this tuesday night, the health care battle is back and it's big. republicans take control of the u.s. house tomorrow. and wux week later they are set to vote on the repeal of president obama's insurance overhaul. in fact, they set the date before the president even got back to washington on the flight from hawaii. he did not comment specifically on health care. but the president did talk about the battles ahead with republican leaders in both the house and the senate. >> my hope is that john boehner and mitch mcconnell will realize that there will be plenty of time to campaign for 2012 in 2012. and that our jobs this year is to make sure we build on recovery. >> shepard: build on recovery. g.o.p. leaders say they are making good on one of the g.o.p. promises with the repeal vote. democrats call it all political theater. that kicks off 2011 for us with team fox coverage. james rosen in washington on the new house speaker's plans to cut spending both in government and in his own swearing. in first, let's get to shannon bream on capitol hill tonight. many political experts agree with that the bill will either die in the senate or on the president's desk, right? >> house republicans say they don't care about that they believe this bill is bad for america and they say that voters sent them to washington among other things to repeal the health care law. but democrats say knowing it may die in the senate or the white house is significant and that they are just playing around with washington. take a listen to both sides. >> we're going to rip it out by its roots. i mean, this is all about accountability, about a big tax bill that had small pieces of reform attached to it. >> they are not going to repeal it. it is disingenuous. it is nothing but political theater. and we need to continue to point that out to the american public. >> and can you believe, shep, they will if this plays out over the next few weeks. >> shepard: i do. congress will also have to tackle the deficit. any chances for a little bit of common ground there? >> let's talk about the debt. since 2008, it has boo looned. it was 9 trillion then it is $14 trillion now. starting 2011. house speaker nancy pelosi, at least speaker for one more day said today this is the kind of the issue that for the good of the country the parties have got to come together. and a major olive branch from republicans today. eric cantor said even defense spending could be up for cuts. that is not something we have heard from republican leadership before. shep? >> shepard: shannon bream on capitol hill. thanks a lot. the next speaker of the houses he will do his part to trim the deficit by suggesting lawmakers cut their own spending. friends say john boehner is even taking a no frills approach to his own swearing. in let's get that angle and team fox coverage from james rosen live from washington. let's start with the proposed spending cuts. >> this is one of the first measures that will be introduced for a vote by the g.o.p. majority in the house. that vote will take place on thursday. the measure cuts congressional spend buying 5%. that will include the staff and expenses for the leadership and so on. in his first statement of the new year, incoming speaker boehner says sacrifices are required throughout the federal government and we're starting with ourselves. incoming majority leader cantor went farther saying quote this self-imposed cut to our own budgets in the house will save american taxpayers more than 35 million right away. i hope that federal agencies across the spectrum will follow suit and find ways to cut their own budgets. if not, cantor added, we are happy to do it for them. president obama for his part has announced a two year freeze on the salaries of federal workers, shep? >> shepard: in a world to borrow line you are the message bringing family in by bus. >> four buses. tea party backers to ten of mr. boehner's 11 siblings rumbled into the capital late today. culminated in 8 hour bus drive from the cincinnati area where the frenzy charted by friends of john boehner. the president's own campaign organization. among those attending the swearing in the pride of ohio will be older brother, bob. >> we have all brought our tissues and stuff. it's going to be emotional. most of us are that way anyway. maybe not as much as john is. but, you know, he thinks back of mom and dad and stuff. >> not thinking of leann rimes, shep. john boehner is skipping the glitzy downtown fundraiser where she is performing tonight. >> shepard: james rosen in washington. house speaker with one more day says she has no regrets as she gets ready to hand over that gavel much the house speaker congratulating the new house republican leaders. democrats plan to become a loyal but tenacious opposition. >> i don't look back. i look forward. and we look forward to, as i said before, being a willing partner and solving the partners of the american people when our republican colleagues have positive solutions. again, they will have a willing partner. >> shepard: nancy pelosi is the first woman in u.s. history to become speaker of the house. tomorrow, she becomes the house minority leader. new details are emerging as fox reports tonight in the death of a former pentagon aide. a man who served under president reagan and both bush administrations. police say somebody killed john wheeler but they are not saying how. his remains turned up in a delaware landfill on friday of last week. and now we know the last time somebody saw him alive, was almost a full day before. our senior correspondent eric shawn live in our new york city newsroom. eric, this certainly helps determine the timing of what happened. we really don't know much else, do we? >> yeah, that does, shepard. you are right, we don't know much. we don't know how he was killed, where he was killed. and, of course, who did it. john wheeler, as you said, was last seen alive less than 20 hours before his body fell out of that garbage truck in a landfill. the medical examiner says they are now waiting for toxicology and forensic results before declaring how he was killed. the 66-year-old former top government official though was last seen on the afternoon of last thursday, december 30th, five days ago. he was in downtown wilmington, delaware, right near the prestigious hotel dupont. it was 3:30 in the afternoon. by 10:00 a.m. the next morning his body fell out of that dump truck dumping trash from the city of newark, delaware, shep. they don't know how he got to newark, delaware. he wasn't reported missing because his family was out of town for christmas. >> shepard: we are learning more about his long list of accomplishments. what a list. >> he had a sterling resume as you said including west point. he served three presidents, ronald reagan and both george bushes. he was counsel so the securities and exchange commission. secretary of the air force. one of the founders of the iconic vawms in washington, d.c. he was a vietnam vet himself and recently been trying to get the rotc back on college campuses across the country. wheeler's family released a statement saying it is a tragic time for them and, of course, they are grieving their loss. back to you. >> shepard: eric shawn live in new york city. eric, thanks very much. the united states government is reportedly hoping to soon resume talks talks with north korea. talks conservative -- concerning the secretive regime's nuclear program. steven bosworth was in south korea today for meetings on how to get the communist north korea back to the bargaining table. so far there is nothing from pyongyang. as you probably know, tensions on the korean peninsula are at the highest levels in decade after november's deadly north korea attack on a south korean island. they have lost their jobs and they have lost a lot of their savings. the bills keep piling up. it seems more americans are now turning to the court of last resort. the surge in personal bankruptcies that is disturbing at best coming up. first, the videos looked like they could have come from a frat party. buff there was no frat house. and this man was no pledge. tonight, the enormous repercussions for the commander of the uss enterprise. from the journalists of fox news to homes across america and in 110 countries around the globe. this is a 2011 version of the fox or the -- of "the fox report." ahh! auto. sir? 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>> well, he was permanently relieved of his duties. that means he won't command and he won't be shipping out to sea with the uss enterprise when it leaves later this month. take a listen to the admiral who relieved him of his duties. >> his profound lack of good judgment and professionalism while previously serving as executive officer in enterprise calls into question his character and undermines his credibility to continue to serve effectively in command. >> his career with the navy effectively ended today. he has been reassigned to administrative duties. it's not likely that he will be promoted from there. >> shepard: what about the rest of them, the higher ups who clear live knew about these videos, according to the navy? >> well, there was at least one commanding officer on board the uss enterprise who did apparently know about these videos. they were played repeatedly. we're told that the investigation will continue and so the buck may not stop with captain honors. also, on facebook, there has been an outpouring of support for captain honors. yesterday there were 1400 friends supporting him on facebook. now it's grown to 10,000 or more. among them, navy captain robert marcott writes the entire ship would ensure they were in front of a tv for xo movie night. they could not wait for it it's a terrible waste to lose captain honors. now we have just heard there are new videos of captain honors posted on navy times. that's the navy newspaper. it's on their web site tonight. >> shepard: jennifer griffin live at the pentagon tonight. thank you. the insurance companies that compensated drivers who crashed their toyota cars and trucks are demanding pay back now from toyota. the "l.a. times" reports in today's editions and online that the 7 insurance companies listed here on your screen have filed lawsuits against the japanese automaker in an attempt to make toyota pay as they put it for the crashes they blame on those sudden acceleration problems. doug mechanic elway is -- mcelway is in washington now. how much do we know about this suit. >> it's no longer david v t goliath it's goliath vs. goliath. these insurance companies trying to recoup some of their losses. in a broader context, we are shing a shift in league strawghts. attorneys going after toyota's failure to install brake override systems. that may be because no one, neither toyota, nor its critics, nor the federal government has been able to find any electronic glitch that causes sudden acceleration. in fact, testing by the government has revealed the drivers may be causing sudden acceleration themselves by accidently mashing the wrong pedal. in an examination of the black boxes of 58 twoits involved in sudden acceleration crashes, the government found that the brake were never applied in 35 of the accidents. 14 cases showed only partial braking and nine accidents in nine accidents, i should say, the brakes replied only just moments before impact. nhtsa says pushing the wrong pedal is very common especially among the elder live who make up the bulk of victims in these accidents, shep. >> shepard: doug, really this just a latest in a series of lawsuits against that automaker there. are hundreds of them, shep. so many that plaintiffs attorneys and the courts have been consolidating them. dozens of them before a single federal judge in los angeles. there is one pending investigation that could have a bearing on the outcome of many of these trials. nasa, the space agency, is expected to release its findings early this year on whether there really is something causing sudden acceleration. right now, there are no definitive answers. shep? >> shepard: doug, because of those safety issues, toyota's year was not as rose as other automakers here in the united states. the final sales numbers came out today. each of the big three posted gains in 2010. u.s. sales for the world's largest automaker toyota were flat. no change from 2009. well, the fact that auto sales have rebounded domestically was not exactly a surprise to wall street. so a mixed day of trading downtown. investors are rebalancing their investments after a run-up in stocks at the end of 2010. by the closing bell, the dow was up 20. nasdaq down 10. s&p 500 off but by less than 2. he has only been out of office for a day now but the former california governor arnold schwarzenegger is already facing a mountain of criticism for a move he made in the final hours of his administration. details in a live report coming up. plus, the floodwaters keep rising in certain parts of australia. now, down under, they're dealing not just with the damage but the snakes and the crocodiles. the kangaroos are apparently not a problem. the rest of the mess is coming up. check out the myboniva program. it's free to join, and it shows you lots of ways to help improve your bone strength. calcium-rich recipes... monthly reminders... and even a month of boniva, free. so call or go to myboniva.com and sign up now. ( announcer ) don't take boniva if you problems with your esophagus, low blood calcium, severe kidney disease, or can't sit or stand for at least one hour. follow dosing instructions carefully. stop taking boniva and tell your doctor if you have difficult or painful swallowing, chest pain or severe or continuing heartburn, as these may be signs of serious upper digestive problems. if jaw problems or severe bone, joint, and/or muscle pain develop, tell your doctor. ask your doctor if boniva can help you stop losing and start reversing. and join the myboniva program. to get one month free, plus more tips and recipes, visit boniva.com, or call 1-800-4-boniva. >> shepard: the now former california governor arnold schwarzenegger is facing scathing criticism for one of his last acts in office. as it turns out he cut the prison sentence for the son of his former political ally. cut it by more than half. now this case involves 21-year-old esteban noon yes, n. he pleading to the manslaughter. he and his friends were drunk and upset they couldn't get into a party. they attacked and stabbed a group of college students. and one of those students died. but nunez's father is a former state assembly speaker and reportedly a business partner of one of schwarzenegger's advisors. the victim's family furious. >> all along we were concerned and we knew that this could happen. that politics could stand in the way of justice. and our nightmare came true. he has to give some excuse of why he made this political favor to one of his friends. i don't know whether there is pay back. >> the former governor did lay out his reasoning. for that let's get to trace gallagher. what does the former governor say there, trace? >> well, schwarzenegger says he commuted the sentence, shep, because it was excessive. the former governor issued a statement saying and i'm quoting here, i do not discount the gravity of the offense but given nunez's limited role in santo's death and considering that unlike jet, nunez had no criminal record prior to his offense, i believe that nunez's sentence is excessive. what the governor didn't say is that nunez stabbed two other men during that crime. they both survived. if he hadn't struck a plea deal, he could be facing life in prison. the family of luis santos calls this a sneaky deal. >> nunez has tried on at least three different occasions now to reduce his son's sentence. the courts have denied it all three times. and now he had to go through the back door with his buddy, arnold, to cut a deal. >> nunez' sentence is now seven years, shep. he will likely serve six. >> shepard: the family doesn't like it. it sounds like people all up and down that state don't like it? >> yeah, from san francisco down to san diego he has been criticized. the san diego d.a. who prosecuted this case calls it a miscarriage of justice. the san diego city attorney calls it cronyism. and in the chron that county times in the bay area a scathing editorial and i'm quoting here the governor who offensively branded his opponents as girly men turned out to be a spineless coward couldn't say when speaker nunez came asking for special treatment for his 21-year-old son. the family of esteban nunez calls the governor's decision the right one. >> their reaction was great relief. they were under a tremendous amount of stress given the severity of the sentence that had been imposed on their son. and they felt that sentence was not a just sentence. >> the former governor's office says he will have no further response. >> shepard: trace, the former governor is staying pretty busy. schwarzenegger tweeting with president medvedev of russia and apparently setting up a trip to the slopes. the russian president dmitry medvedev sending this message on the governor's last day in office, quote. there are many more interesting opportunities still to come. schwarzenegger tweeted back suggesting they go skiing. medvedev replied thanks. we agreed, i remember. we'll definitely find the time. hundreds of people stranded for days in the icy seas off the coast of russia. officials there say at least five ships are stuck. three of them since last friday. a pair of russian ice breakers reportedly battling high winds and heavy snow to try to free one boat that's in danger of drifting too far from land. in all, some 500 sailors waiting for rescue about 11 miles off russia's eastern coast. the prime minister there, vladimir putin says crews should reach all five ships by tomorrow. now to australia where officials say the floodwaters are still rising. it's already swamped nearly two dozen towns in the eastern state of queens land and now a sea of rainwater inland is making its way to the ocean. with one thing in the way. the coastal city of rock hampton. the water already waist high there we're told. officials say it's likely to rise another few feet. they are also warning people to stay out of that water because of snakes and crocodiles that may be lurking. officials say the flooding now covers an area the size of france and germany combined. that's roughly the equivalent of water submerging both texas and new mexico. wow. well, a spectacular site across the skies. much of the globe tonight. the sun looking more like a sliver of moon. during a partial solar eclipse of parts of europe, africa, asia and the middle east. that happens, of course, when the moon passes between the earth and the sun casting its shadow on us. and partly blocking our view. it was clear skies for many, but even a few clouds didn't spoil the view. astronomers say folks in sweden got the most dramatic show. about 85% of the sun was dark this morning. today's partial eclipse the first of four that nasa says we can expect this year. there is word some home buyers could soon have to make down payments of 30%. of course it was all those zero down loans that got us into much of this trouble. is this move too much? 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[ male announcer ] if you have gout, ask youroctor about uloric. >> shepard: a historic jackpot up for grabs tonight. mega millions now at $355 million. that's said to be the fourth largest lottery prize in history. >> would you keep working? >> who, me? for 330? no. i would get my own business and give my children a house. and i would like to have a whole lot of fun. all over this earth, honey. >> shepard: i bet she probably would, too. mega millions available in 41 states plus the district of columbia. folks have been lining up for a shot at a winning ticket. the drawing is tonight. ktvi at a gas station outside of st. louis. >> 176 million, that's exactly what the odds of winning is. pretty unbelievable. still, people are lining up to buy these tickets. in fact, when they walk in and they see the jackpot grew today to 355 million because of all the ticket sales, a lot of them just can't resist the temptation and they have been snatching up those tickets. the drawing is at 11:00 eastern tonight. they will be selling tickets up to about an hour before then. if you win, you can take the money all at once or have it spread out over annual payments. the experts we talked about if you have a good financial plan in place, the best plan is to take that money upfront. either way, it's a whole lot of money. i think the best line we had out here today was from one customer who said if i win, i'm going to take care of my family. donate some to charity and then i'm going to disappear. reporting live in your st. louis, missouri, jeff bernthal, fox news. >> shepard: i'm shepard smith. this is the fox report. it's the poem of the hour. time for the top of the news. president obama may have to break one campaign promise to keep another. his pledge to shut down the prison at guantanamo bay has run into a major road block. to get around it, there is word that the president's aides are considering a tactic that he criticized on the campaign trail. it's the top story at the bottom of the hour. wendell goler has it live from the white house. hey, wendell. >> shep, congress has tied a band on sending gitmo prisoners to this country. the legislation the president needs to sign funding the wars in afghanistan and iraq in hopes of blocking his campaign promise to close the detention facility. now, during the campaign, the president blasted former president bush, accusing him of bypassing parts of legislation he didn't like. like restrictions on interrogating terrorist suspects by issuing signing statements saying the restrictions infringed on his authority as commander and chief. >> i believe in the constitution. i will obey the constitution of the united states. we're not going to use signing statements as a way of doing an end run around congress. >> president obama has issued a fraction of the signing statements his predecessors used and few have taken issue with the content of the legislation. aides say privately if the issue is won on the gitmo restrictions quote it would indicate that we oppose them and will seek their reversal legislatively. some analysts think it will still cross the line. >> that's violating his campaign promise democrats took the position signing statements were terrible when president bush was president now democrats see some virtue in them. >> congress passed the gitmo restrictions when democrats controlled the house as well as the senate. and if the president is to get around the restrictions this year, without simply ignoring them, he is going to have to convince a lot more republicans that the restrictions effectively tie his hands as commander and chief. shepard? >> shepard: wendell goferl live on the north lawn for us tonight. thank you. a top governor in pakistan assassinated. and officials say one of his guards pulled the trigger. it happened early today in the capital city of islamabad. officials there say the security guard shot and killed the governor of one of the country's most powerful provinces as the leader was walking straight to his car. they say the guard then laid down his weapon and surrendered. five other people, also hurt in that attack, dominick continue that tally with the news tonight from islamabad. >> shep, his blood is still fresh on the ground in the cold night air just hours after he was gunned down by his own body guard. shot nine times. he was one of pakistan's most influential politicians the governor of biggest province. it comes pakistan's political crisis in three years, since the death of the former prime minister brenda ben severe beau- benazir bhutto. flas feeling against islam. people already saying this has to be politically motivated. a member of the ppp. the biggest member of the coalition government teetering on the brink of collapse. if this really is a revenge attack on somebody supporting christians, it couldn't have come at a worse place. it's kosher market. many western diplomats and media personnel working here in the capital. lots of those people are christians. islamabad and the rest of pakistan already have sectarian violence on top of this political violence. another lash back from today's assassination rolls out. pakistan is going to be more destabilized and much more dangerous place. back to you, shep. >> shepard: dominic reporting earlier from islamabad. when airport screeners started touching people's junk. there was a lot of americans talking about making security like israel's. now janet napolitano is getting a look at security herself. we visited tel aviv. traveling with the secretary. israeli officials are not revealing how many details about that system she got spoke to a frequent flier who says he goes through the security checks every two or three months. >> well, they just look at you. they take a good look at you up and down, all around. and they ask you pointed questions and of course they look at you right in the eyes when they ask those questions. >> shepard: big differences between the two countries, israel has one international airport and handles 11 million passengers a year. the united states has 450 airports with 770 million passengers a year. israel also spends $57 per passenger. the united states $7 each. the secretary napolitano telling fox news the israeli system would probably not work here in the u.s. >> i think it's more a sense of what partnerships we have. what information we're sharing. what kind of best practices we can share in terms of protecting security and safety. >> shepard: we're told the israelis did brief secretary napolitano on how they gather intelligence. check for explosives and protect airport grounds from possible suicide attacks. banks have apparently gone from one extreme to the other in this housing market. you'll recall one of the main reasons the market collapsed dragging down the rest of the economy with it was that banks were approving loans for people who just couldn't afford them. often approving mortgages for high risk lenders with little or no down payment. since the collapse, the 20% down payment is once again the standard. and now there is word some home buyers could have to upfront 30% of the price of their homes. peter barnes from the fox business network live from d.c. peter, 30%? >> shep, as part of financial regulation reform, bank regulators basically will define what a safe mortgage is to help prevent a future financial crisis. historically, as you pointed out, 20% down has been safe enough. but one big lender, wells fargo is suggesting maybe it should be 30%. the bank argues that that standard would also help banks offer mortgages with maybe smaller down payments and different terms for other buyers who can't put 30% down. now, nobody wants to go back to no money down subprime mortgages. but some critics worry a 30% down payment could hurt housing. >> we don't want to swing the pendulum so far in the other direction that we can unduly constrict the opportunity for consumers to get mortgages. that would be going too far in the other direction. >> now, because of the opposition, regulators are not expected to adopt the wells fargo idea. but, shep, in the next few weeks, regulators are likely to propose tougher standards for mortgages that will effect their costs and terms for everyone. >> shepard: peter, sagging home price and the high jobless rate fueling a surge in personal bankruptcies for 2010. accord to the national bankruptcy research center, more than 1.5 million americans filed last year. that's up from 9% in 2000 -- or i should say up 9% from 2009. and five year high in personal filings. today on "studio b" i spoke with gerri willis from the fox business network. she explained the waive is hitting people. >> typically you expect people making 30,000 or less to be making hard by bankruptcy. climbing up the ranks. people who make 60,000 or more or more often facing bankruptcy. if you have a college degree. americans who were married and strangely if you are of asian dissent, i have no idea why that is on the list. >> shepard: a number of financial experts report bankruptcies will go down in the new year. but only because creditors are now tightening their purse strings. it's not often a prosecutor calls a bank robbery truly impressive. but then again this was no ordinary heist. coming up, how robbers made off with more than 100 safe deposit boxes undetected and the hunt for the culprits. plus, a man speaks on his new found freedom after spending three decades in prison for a crime he absolutely did not commit. >> it was much joy. i was very overwhelmed by the -- you know, the time i'm so lost for words. i can't tell you ohio i feel. >> shepard: what finally set this innocent man free straight ahead on "the fox report." >> shepard: a trifecta of car chases today. first a bank robbery leads to high speed pure suit in south florida. three men robbed a bank of america in del ray beach before making their way to i-75. look at this in the back there. see that police suv. lost control and crashed out of there. that officer is reportedly okay, thankfully. cops say one of the men even dropped automatic rifle out the car. look at the back door there as the cadillac speeds off with more than 100 miles per hour. the chase ended when the three men jumped out and ran through a wooded area into a nearby neighborhood. police captured two of the suspects right away and late word is they have now captured the third. and in california, a group of burglary suspects on the run. cops chased them through santa clarita and burbank. investigators reportedly suspected these guys in a string of burglaries. including two from today. things did get interesting when the car tried to get off the freeway, here's kttv kevin tacumy. >> they tried to pit him off the off ramp there south of the on veteran there they pitted him. one more person out. two, three, four people out. they are all running on vernon. >> >> shepard: and away they go. for a while this went on until one guy tried to jump one of too many fences and got stuck. we're told all of those suspects are locked up tonight, too. after all of that, this. somebody in what we're told was a stolen car flying through the streets of south l.a. we're told that driver eventually hit a curb and got a ride with the cops. there it is. police in argentina now investigating a stunning new years weekend. bank robbery that appears to have been at least a half year in the making. according to investigators, the gang of thieves rented a store front next to a bank in the capital of buenas aries. we're told that the suspect spent smonts digging a 100-foot long tunnel right into the vault. then once everybody was along for the long holiday weekend, they pounced. cleaning out up to 140 safety deposit boxes. and the kicker to all of this, cops reportedly showed up several times to investigate but left when they found the bank's front doors were still locked. phil keating is in our south florida newsroom with more on this now. they have got to be investigating this as at least partly inside job, right? >> absolutely, shep. clearly the band of thieves had precise intel on exactly where the safety deposit box vault lie. this was not discovered until yesterday morning after the holiday weekend when bank workers showed up. police say six months ago the thieves rented a neighboring space, put up a bogus landscaping sign so removing tons of soil out the front door would not be suspicious. dug that tunnel with lights and ventilation and spent new year's eve and new year's day removing the loot. taking bags of stolen cash and jewels to his car. no one has been caught. >> shepard: do we have any idea, phil, how much the bank robbers got away with? >> we could only guess that it was a substantial amount. safety deposit boxes are secret. even the banks don't know exactly what the customers but the in them. but after the 2001 economic and banking meltdown in argentina, this is the predominant way that argentinians save their cash and jewels. the robbery did set off over the weekend several seismic alarms because of the underground activity. the cops saw the doors locked, saw the windows not broken. saw nobody inside. they thought the false alarms were exactly that and clearly they were not. >> shepard: clearly not. phil keating live in south florida. phil, thank you. now to the man in texas who spent 30 years, more than half his life in prison. and then a week after he got out on parole, d.n.a. evidence cleared his name. he had done nothing wrong. and now his conviction is overturned. [ applause ] >> shepard: prosecutors accused this man cornelius dupre of raping and robbing a woman back in 1979. he matched the suspect's description and the jury convicted him of robbery. finally, an organization called the innocence project, had testing done on the d.n.a. collected from the crime scene and this afternoon on "studio b," dupre said prison was an experience he would not wish on anyone. but he says he is overwhelmed with joy by his freedom. i just want to pick up at this point and move on. you know, i have no time to worry about, you know, what done happened. that's the past. and, you know, i'm married. i just recently got married. i just want to live my life with my wife and just have a joyous time. >> shepard: next to him there was the co-director of the organization barry shrek who you may remember from o.j. simpson days. he says this just shows we need to change how cops do lineups. >> cornelius is going to be the 21st person exonerated in dallas, more than any other city in the county. 41st person are money other state. his case dangers of eyewitness identification. >> shepard: he served more prison time than any other person in the state of texas cleared by d.n.a. evidence. iran is inviting a number of world powers to visit its nuclear facilities. the united states is not on the list. and today the state department is calling it a, quote, magical mystery tour. the spokesman p.j. crowley says the move is no substitute for iran fully cooperating with the united nations international atomic energy agency. when reporters asked crowley, the spokesperson, asked for his reaction on iran not inviting the americans, he responded sar coagulation particularly, -- carcass particularly, we're just crushed. wikileaks released cable that said that mahmoud ahmadinejad sought some type of nuclear fuel swap deal more than a year ago. it never happened because the hardliners reportedly viewed it as virtual defeat. police in great britain releasing brand new video of a mob attacking a car carrying prince charles and his wife camella. you may remember this from last month. the cops are now asking for the public's help in tracking down the suspect. they released in new video. you will remember it happened december 9th during a stupidity protest in london over raising student tuition fees. the car there shows several hitting the royal's car hitting and kicking it as it drove through the crowd. some folks shouting off with heir heads. what the video dogs not show what happened after one of the cars' windows smashed. the white paint thrown on the back of that rolls royce. somebody also reportedly poked a stick through the car window. the prince and his wife were not harmed. the fishermen knew what they were seeking. but the shark seemed a little confused. the great white mistook the boat for lunch. bret favre is staring down triple coverage. two more women coming forward with new claims that not only the football great but also gangrene. why do dead birds keep falling out of the sky? i mean, for real. all of that as fox report rolls on next. everyone has someone to go heart healthy for. who's your someone? campbell's healthy request can help. low cholesterol, zero grams trans fat, and a healthy level of sodium. it's amazing what soup can do. shep now the tipping story of bret favre who is saying for the third year in a row his football career is over. two massage therapists are suing bret favre and the new york yes, sir plus a team massage coordinator. yes, this exists, claiming they lost their jobs in 2008 after complaining about the star quarterback. the women say bret favre sent suggestively suggestive text messages when he was with the jets. jets officials claim the suit is without merit. of course, a former jet sideline reporter who recently accuse favre of sending her lewd messages and pictures though she did not sue. "the fox report's" chief correspondent jonathan hunt is with us now. not as much about text messages as what happened after they were sent absolutely we haven't seen all the text messages either. >> shepard: we have seen plenty. >> take a look whether you believe they are suggestively suggestive. in one he says bret here, you and chrisy want to get together? i'm all alone. and another the hall of fame potential quarterback says kind of lonely tonight. i guess i have bad intentions. now the point though that the women make in their lawsuit is that these sort of messages were september again and again and again. and when they complained to the jets' organization about them, they both lost their part-time jobs. >> shepard: that's the crux of all of this, that they complained about something and employee well did rather than taking action on them they terminated them. if that's true, you can't do that. >> absolutely. but you ask any two lawyers about this case, you will get two different answers. listen now to a couple of our legal experts. >> all they need is to say we came out and said there was sexual harassments and your response was not to investigate? but was to demote us, diminish us and in this case get rid of us all together. >> i think we have money grubbing opportunistic women here. there is no excuse for a woman who doesn't file a lawsuit for two and a half years or women, you know, they should have gone to the jets in the very beginning. >> the jets are making pretty much the same point when they dismissed this case as being without merit, bret favre meantime is hanging up his cleats, if not his phone. >> shepard: we'll see if he hangs up his cleats. i have heard this story before. >> yes. it does go around and around. >> shepard: i don'tjohnny, goode you. happy new year. bizarre twist in death of thousands of birds in arkansas. now there is word biologists are looking into same larr situation in louisiana. 300 miles of past weekend's incident in arkansas. all different species and so far vets in louisiana say they really don't know what's up. >> we have black birds, starling, sparrows, several species of birds are effected. if there are obvious contaminates and obvious causes of death. we will open up some of the bird and see if there is any obvious growth lesions. >> shepard: back in arkansas there is no clear determination of what happened there. investigators say it does appear 3,000 or so black birds suffered some sort of internal injuries. one theory is that new years fireworks may have scared them to the way they just knew into houses and messed themselves up. scary encounter at sea one of the world's largest and most dangerous predators. it's our top story as we go around the world in 80 seconds. australia. a great white shark closing in on some fishermen off the southwest coast. that shark an estimated 16 feet long. witnesses say it circled a few times then attacked. nearly capsizing the boat. >> very quick u-turn and that's when it grabbed the motor. >> we're told the men later discovered by the marks and -- bite marks and teeth lodged in the propeller. egypt. a third day of rioting after a new year's day church bombing that killed 21 people. hundreds of protesters clashing with police in cairo claiming the government has failed to protect the christian minority. austria, abandonment in psychiatric hospital. remains of 200 people buried in a mass grave. officials say they are trying to determine if there are any victims of the 1940s nazi euthanasia campaign to kill patients deemed infuror. united kingdom mounds of trash littering the streets after snow storms paralyzed much of the country. some waiting nearly a month for a pickup. >> there is going to be rats everywhere. >> shepard: oh the rubbish, government officials say they will step up collections until crews catch up with the backlog. and that's a wrap on this fox trip around the world in 80 seconds. well, there are brand new legal problems tonight for your girl lindsay lohan. police are pushing for battery charges. oh, there is more. hey, guys. printer's out of ink. just shake it. [ rattling ] [ male announcer ] need ink? this week at staples, buy any hp ink and get a second one at 40% off. that was easy. but my doctor told me that most calcium supplements... aren't absorbed properly unless taken with food. he recommended citracal. it's different -- it's calcium citrate, so it can be absorbed with or without food. citracal. >> shepard: while i was away, lindsay lohan got out of rehab but the troubles keep coming. investigators say the star violated her probation and should be charged with battery after an incident in rehab. the police say lohan pushed a worker there after that worker asked her to take a breathalyzer test. they also say the worker tried to call the 911 but lohan snatched the phone away and hurt the workers' wrist. a judge has said lohan will go to jail again if she violates her probation again. updating some of fox top stories tonight. police investigating the death of a former pentagon aide says he was still alive less than 24 hours before his body turned up in a delaware landfill. they say john wheeler was last seen at the wilmington train station. and the u.s. navy has essentially fired the captain of the aircraft carrier uss enterprise. captain owen honor prominently or permanently i should say relead of duties after he produced several racey videos the navy called inappropriate. and on this day in 1847, the legendary gun maker samuel colt revolutionized the american west when he first began to sell his revolvers to the u.s. government. back in the day, most folks still preferred a trusty rifle and even a nice for defense. in large part because early pistols weren't very accurate.