>> divers calling off their search at this hour. questions about whether those still in the water can survive the night. a ship disaster reminiscent of the titanic. we will talk live with a survivor. just when political observers were about to give the primary to a republican frontrunner, news, there's some stiff competition in that state tonight. i am harris falkner, this is "the fox report." >> a luxury cruise liner doing the unthinkable, hitting rock and sinking. >> this is not hapling. not happening. >> passengers fighting for

survival. fox reports on the desperate search for the missing, and the investigation of the ship's captain. also, weaving and bobbing on the campaign trail, republican candidates trying to win over south carolina lie south carolina voters in the run for the white house. with the first from the south primary exactly one week away. and teetering on the edge of the 101 freeway new reaction to this california cliffhanger. we can hear her scream and the only thing she let everyone know there was a baby in the vehicle. >> how fate put navy sailors at the scene. >> thousands off the coast of italy. darkness setting in and divers are forced to call off their search for any more survivors. the luck ry cruise liner

crippled on its side partially submerged near the small island in italy. we are told the ship ran aground late last night. 160 foot long gash along it's hull allowing rushing water in. survivors say it was exactly like the scene of titanic. here's what we know. the ship had been sailing three hours after leaving a port north of rome a first course of dinner was being served a magic show a private theater in another part of the ship. suddenly dishes began crashing in the dining room. those fleeing the theater, they crawled in the dark on their hands and knees for escape. we have amateur video taken from the life boat. you can hear the panic and confusion of the voices of people who escaped as they watched the ship sink. >> this is not happening. this is not happening.

>> will we are not safe it hit a rock. >> you heard her say this is not happening. people couldn't believe what they were living through and couldn't image how it was going to end. passengers now saying they did not get proper instructions from the crew in how to evacuate. then there's this. the life boat rescue didn't go as it should have. passengers choosing to jump into the cold waters and simply swim for it including these american travelers. >> we jumped off one of the crew members was telling us we needed to stay on. that's when mark was saying, we don't need to stay on because it was sinking so fast. where we were standing is under water. we needed to get off right then. that's when about 100, 150 people started swimming. >> 4,234 passengers and crew on that ship. now the ship's captain is behind bars being held for questioning. more on that part of the story in a moment.

first let's go to greg burke who is streaming live from rome. missing people tonight and no more searching for now. that is right. the search was difficult during the a daytime. it has been called off until tomorrow. the numbers until now 3 confirmed dead three french tourists, also somebody from peru. the number of what they were calling missing has gone down quite a bit. about 4 or 5 hours ago it was at 69 now they are saying 40 to 50. it is still a bit influx. you understand if there were more than 4,200 people on the ship as it went in there. they will go into that search tomorrow. the real hope is the number of unaccounted for goes down just because people they catch up with on the island obviously it was not real easy to take care of everybody when they were on shore.

>> i want to get to the ship's captain. we understand he is in custody. why is that? >> obviously there is a suspicion human error played a role here. if it ran into a reef where it could put such a huge gash in it, it was clearly way too close to the shore. that is the answer they want. it is important to note he has not been charged. although he is being detained. the there is some speculation he may be charged with manslaughter and abandoning a ship. it is important to repeat that is not yet the case. obviously he will be under very, very tough questioning. this is a route cruise lines take every single week. >> we should note not only this cruise line but this is a popular destination point for many people traveling.

you know this area well. >> this is beautiful. it is literally 100 miles north of rome. there is a beautiful prom tory. from there you can take a ferry to take you tho this island. it is beautiful. a lot of people go scuba diving there. i wonder the people on the ship it will be a long time before they taget back to take a look it. >> a lot of people are talking tonight who managed to survive. as we learn more about what the passengers endured and more about the survivors. they must feel like it's nothing short of a miracle. robert more ray was on his honeymoon. you are with us by phone? >> yes. >> what did you experience when this ship hit the rock? >> it sounded like a frait train went through the dining hall.

the lights went out and emergency lights came on. an announcement came on and said there was a problem with the generator and everything was okay and remain calm. >> you were in the dining room at the time? >> yes. after the announcement the same noise went through the dining room, and then the ship started to have a tilt to it. we saw our glasses start to fly. it was exactly like you said from the die tan nick. dishes and everything was falling on to the floor. everybody jumped up and panicked. >> you were being told one thing but what did you think was happening? >> i thought there was something wrong with the vessel that it was either up on a barge or -- something was not right. there was no explanation for a noise. a generator wouldn't make that kind of noise. >> how did you escape? >> my wife and i ran out of the dining room.

mind you that the emergency lights weren't working at all. the crew directed us to the master station and when we loaded the life vessels, the life vessels they wouldn't lower into the water they would be sitting on the side of the boat or they fall on the deck below us. once we realized the vessels weren't going into the water we had to jump 10-20 feet off of the life vests or climb down on the sinking ship are where people were falling. several people broke their arms. there was blood all over the deck from people cracking their heads. it was a nightmare. >> what was going through your head about get to go safety at that point? >> my wife and i, we ran to the side of the ship believe it or not that was sinking, and since it was so far into the water there were life vessels that could dock at the side of the ship because it was so deep into

the water already. when we got there we thought it was the last life vessel. it took off. about a minute later another life vessel showed up we jumped 5-6 feet on the top of the life vessel and climbed and finally made it ashore. >> they could hear people screaming to release the life boats. it sounds like the access was difficult. did you have on a life jacket? was there enough of them? >> there was enough life jackets but there was no organization. most people were already ashore. we were one of the last to get ashore. the crew members were there. it was a nightmare. >> i want to stop you there. >> did you say most of the crew was already on shore? they left the passengers behind? >> there was very few crew left on the ship. when i turned around after everybody was jumping off of

that vessel there was knotted one crew member it was good samaritans helping people. >> where are you now? >> at the hotel hilton in rome. >> waiting for the next step? >> yeah, the u.s. embassy has not come here. i don't know why the embassy is not here. all of the other countries are represented but the u.s. embassy has not come. >> robert moray, so glad you are among the survivors. you and your own bride your honeymoon voyage no less. thank you very much. >> turning now to the campaign trail. the mad dash in south carolina. the candidates are crisscrossing the palmetto state. rick santorum getting a boost after winning a straw poll of 150 he have gel cal faith

leaders. mitt romney and newt gingrich hammering away. these attacks may help romney in the long run. campaign karl cameron life from myrtle beach south carolina. a week from tonight romney hoping to go three for three. >> he's leading the pollings and he has been drawing big crowds. but he has been drawing a tremendous amount of criticism. he recognizes south carolina's history being the state where no republican has gone on to become president or nominee without first winning here is a time for him to look inevitable. to the end he has taken a severe pounding for his arrivals. his record governor of massachusetts and record of business all trying to knock him down with growing number of conservatives across the country. it may be difficult to stop and this is the most important state of the first.

>> i know we are hearing a number of conservatives upset on the attacks on business. >> newt gingrich has been p.m. critical of romney's state capital private equity firm. romney has tried to turn it around and argue as folks like ron paul have those types of criticism of capitalism are nonamerican. newt gingrich today getting ready for the huckabee forum was asked about it and the rules of the forum says you can't mention your rivals by name can't criticize them keep positive. when he took on mitt romney here's what happened. >> capitalism put at risk. governor romney ran saying he created 100,000 jobs -- >> mr. speaker. >> i am trying to answer his question. let me say it differently.

>> while that was playing in south carolina there was big news in texas where a gathering of 150 conservative christian faith leaders say they had three votes. the so-called conservative alternative for mitt romney. out of 85, 115 voted for. it was not an indication of the cons success sus in the christian evangelical movement or anywhere else in the country. here in south carolina they make up half of the vote and romney hopes it is split and there is no unified consensus. karl cameron, always good to see you. a programming note, a special edition of hubblickabee 4-2 sou carolina undecided. huckabee speaking of 5-16 candidates coming up after fox reports. all 6 republican candidates will

be right here on fox news this monday as well. from south carolina with bret baier hosts fox news channel and wall street journal gop debate at 9:00 p.m. eastern. don't miss it. if you were not in south carolina for a vote your voice can be heard on our on-line chat. go to foxnews.com and click on the live link at the upper rate hand corner of our home page and that will take to you the live chat. get your questions and comments in during our live interaction on-line coverage. i will see you there for that on foxnews.com. right now an entire community on edge. they question whether the finally caught a serial killer. a major development in the killing of four people. new fallout from operation fast and furious. the gun operation run by the government? new rules have firearm sales

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>> operation fast and furious set up by the government to track guns in new mexico failed as you well know. now a resignation from patrick cunningham supervised prosecutions in the gun tracking sting. now he's stepping down as chief of the criminal division for the u.s. attorney general's office. the scandal prompting new rules as well along the mexican border there. it's a move the firearms industry is it challenging in court. now an important ruling coming from the judge. more on that as julie banderas has the latest. despite heavy opposition of gun rights groups of u.s. federal judge in washington, d.c. handled the obama

administration a victory as curving the violence along the border in mexico. the firearms and explosives or atf ordered more than 8,000 gun dearlies in texas, arizona, new mexico and california to report the sale of two or more semi automatic rifles to the same person within five business days. the national rifle association protested arguing the new rules would have no impact on cross border violence. they filed suit, friday a judge through that suit out. mexican officials will complained about guns coming across the border for years and repeatedly asked for help. 10's of people have died in the drug wars since 96. it came under scrutiny after a botched gun tracking operation called fast and furious. weapons fell into the hands of

drug cartels. 200 were found at the home of brian perry. the nra plans on appealing the ruling. >> thank you very much. we will be right back. stay with us. wake up! that's good morning, veggie style. hmmm. for half the calories plus veggie nutrition. could've had a v8. when i'm out with my kids, my daughter's like, "mom, wait up!" and i'm thinking, "shouldn't you have more energy than me? you're, like, eight!" [ male announcer ] for every 2 pounds you lose through diet and exercise

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>> this just in a suspected serial kirl caught. holding a news conference a minute ago. officials talking about that man in custody moments ago. >> we are extremely confident we have the man who is responsible for the murders of all four homeless men in orange county. >> this was the scene last night where the victim the latest one was found dead. witnesses followed another man

ran from the restaurant and helped police catch up to them. three other homeless people have been found dead since the middle of september. the latest victim was a vietnam war veteran in his 60s. police who knew him feared for his safety while police were searching for the serial killer. an arizona school district faced with a threat to lose millions of dollars in in state aid if that school district did not get the study program in compliance with the law. finding classes on mexican american history . it led the community divided. casey seigel is in los angeles with more. >> officials found this to be in violation of state law because the superintendent of public

instruction tells me the curriculum textbooks and plan were never approved the school board. erroneous facts were being taught. kids were being told things like members of the law enforcement addressed latinos. they agreed with the department of education findings showed the program promoted activism against white people. >> i want to be careful on my choice of words about inflammatory things. but when you interpret things in a racial context like that then you are creating a sense of ethnic solidarity and really inappropriate way. you are inflaming passions that can be toxic in society can lead to inappropriate outcome. >> the school board in tucson voted this week 4-1 to dismantle that very program and boy did

tensions complar at school board meetings students walking out of class marching to school district headquarters in protest. those who support this mexican american studyings program tell us it's an important part of education because it teaches solidarity within the chick cano community. the aclu may get involved to appeal the decision and a federal lawsuit has already been filed. >> you are anna ton muss force. you can appeal this decision this racist decision, this ignorant decision that was made by the state do the right thing, stand up for something that if i don't stand for something i am going to fall for anything. that's what you should have to do. that's what you need to do. >> the district now working on creating classes that incorporate core curriculum and some ethnic study lessons while all of this plays out in court. >> the video a must see a family trapped inside their car on the

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>> this is fox report. it is the bottom of the hour. breaking news. an italian news agency now reporting two survivors have been found inside a cabin aboard that sinking cruise ship across the coast of italy. they had called off their search as we were going to air tonight. remember we talked with one of the siurvivors there. too dark to keep searching but not too p.m. dark to keep searching inside the ship. they were going room by room and they have found two more survivors inside that ship. we learned late last night that it had run acrowned off of an island. it's a very tiny island off the italian coast. many people having to jump into the cold waters and swim to shore themselves. some making it on to the life boats. as we heard from one of the survivors that was a nightmare as some of the boats have not evacuated properly according to some of the witnesses we talked about. 4,234 people had to get off the

ship safely. we know reportedly three are dead. dozens more, 40 or 50 or so missing. this bit of news tonight. a shining light, two survivors found inside a cabin reported just moments ago by this italian news agency. we will update you as we learn more on this situation. >> fox news is america's election headquarters. back to the campaign trail we go. he is the conservative alternative for mitt romney says rick santorum. >> remember a couple weeks before the iowa caucuses the conservative leader through his support behind rick santorum and put him on a rocket ride that nearly pushed him over the top in sigh roy. 150 conservative el gel

khaleders says rick santorum is the candidate we believe is best equipped to head out to the general election in november and beat barack obama. as a campaign event a while alg rick santorum reacted to the news. >> beam are trying to assess who is the most electable conservati conservative visa sri mitt romney. who is the most electable, period? we are encouraged it and have a lot of work to do. >> he is running third or fourth in some. that's where he was in iowa. mitt rom fleeching out to conservatives with an ad that has high profile support for his change of heart on abortion. today in sum president ner unemployment the economy and

jobs in south carolina. >> they come here because they believe this is the best place for them. they look at everything from the regulations to the work force to the tax rate. they do all of this calculation. i have done that as a business guy. i spent 25 years in business. we look to see where is the right place to build a facility where should we build a store? if you create the best environment for business they will come. talking about businesses setting up here. some of what mitt romney set up he knew more, mitt rnewt gingril go to a steel run taking a lot of numbers in it. he can't resais citying on that bane capital train. >> oo in a fox news exclusive

lal lee barber not changing his position. this is a group of convicted murderers who worked for barber and their family. some fic vim -- victim's families were shocked and not you given enough time tol report. they threatened to reverse the poured dan os. mcelway is life in washington. >> the decision of a state judge to block some of these as you mentioned is already being done by the state department of kopgss which is moving ahead with 18 of the 7. they were given medical discharges and were not pound by the same notice requirement. governor haley barber also saying he was comfortable with his decision. charles hooker killed a

principal where hooker was a teacher. julia osmond for a store clerk. ann anthony mccrea who shot and hills his wife in the back. another shot and killed a friend and he had this to say after the part. >> said hey i am going to let this guy go. there wasn't any of that. that's the coward's way out if you ask me. >> his decision was based in part on the teaching of christianity. >> we believe in forgiveness and we believe in second chances. in the case of these five inmates that's what most of all this is about. four murders, they have all said they were guilty. they have served on average

20-years in the pen tin ry. these are not guys that got a slap on the rist. >> experts who study pardons say his actions were unusual in the sheer number of pardons given. and the percentage of violent offenders included in it. thank you. new video of an amazing rescue we first showed you yesterday. a car teetering inches from plunging over the edge of the highway. it happened friday on a highway northwest of los angeles. the family of three inside. and they said they can thank a group of navy sea bees who happened to come to their rescue leaving a fork lift stable enough to get the family out. they had a baby in there with them. those men have more. >> he was screaming. he let everyone know there was a baby in the vehicle. >> it effects most of us a lot because moeist of us are parent. >> most of those guys are

parents. >> it was sheer chance the navy see bees. the family inside air lifted to an area hospital who with moderate injuries the other the 10 week old baby until he heard she was crying. two stories as with he go around the world in 80 seconds. felix a few sur vooirs a boat on fire aboard a u.s. c 130. among 37 men who made it out alive when their korean fishing boat went up in flames. these michiganer man getting treatment for their burns. 3 people died on board their boat. denmark thousands of people filling the street of cope enhagen celebrating 30 years on

the throne for queen margaret. >> see what they think of our history. >> she is 71 years old head of europe's oldest monarchy. along with her son frederick. >> taiwan, securing his second therm as president. this voter cheered taipei. they were climbing the election with more than 51 percent of the vote against the main opposition candidate. he want to writed with lowering pitch. they need to woman to a new trip. scientists will include them in research and breeding. that's a wrap on this fox trip around the world in 80 seconds. >> a father accused much the

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and a new lease on life, to one. that was a false start. [ phone rings ] what!? yeah, meema. yes? i won tickets to the super bowl. pack your bags. [ male announcer ] use your visa card for a chance to win. to choose your ten, go to our facebook page. >> new developments after a brutal beating after a hockey game. aggravated assault he is charged with. this is the youtube video that went viral. the man being attacked in this video a war veteran purple heart recipient and off duty police officer beatenen unconscious. he's out of the hospital we are told after being treated for pretty serious injuries. this all happened earlier this month after the winter classic in philadelphia. they are still looking for two other people involved in that attack. >> strong winds giving new

meaning to pop up advertising. our top story on a fox trip across america. >> a massive score board several stories tall comes crashing down on a highway. the collapse catching even the toughest new yorkers off guard. >> it was extremely loud. i thought for a second it was a bomb. >> wind gusts topping 50 miles an hour. the crash caused major delays with crews trying to remove the debris. >> kentucky, a father sitting behind bars. accused of using his three young children to sell drugs at school. the little ones went to school with several small baggies containing a powdery substance. one of her siblings with the ugly truth. that's when police arrested their dad john smith.

georgia, a nurse going the extra mile for her patience. allison donating one of her kidneys after only knowing her for six weeks. >> just the fact that allison would do this without really a lot of hesitation and the support of her family and just to do to do it without knowing me longer than the 6 weeks of me being in this hospital. for her doing that was overwhelming. >> he was suffering from kidney failure but is now expected to make a full recovery. colorado, beatlemania taking over the nfl playoff season. they are going down bronco avenue wearing a sea of orange rallying for favorite quarterback, tebow. that's the fox watch across america. new revelations out of the white house on the scandal.

white house e-mails released yesterday showing concern over the financial problems of the company. you may remember they were a solar panel manufacturer that declared bankruptcy last year after receiving more than half billion dollars of tax payer money. we have what is new. >> the obama administration knew sol ly solyndra was about to slash the work force but they kept it quiet in the e-mails to the director of the climate change policy office a white house aid wrote on the 27th. here's the deal solyndra is going to announce they are laying off 200 of the 1200 workers. now republicans say that truth is the solyndra loan was tainted by it being rushed out of the door by the protests of the top experts layoffs delayed until after the 2010 election and i y indefensible loan restructuring

that kept them on the hook for half a billion dollars. the white house says on top of the e-mails they have already provided over a thousand pages of solyndra related documentation. improper white house int peer rance was the initial investigation. one of the things that bathers me the most is they were concerned about whether news of solyndra's layoffs before the med term elections or not more than they were financing companies like this even if they weren't viable was a good one or not. >> the congressman thinks there's still a lot of stimulus money out there even if some of those loans don't default. he blames that again on favoritism thank you. what happens when you have a

fire grade explode? dozens of firefighters. forced to step up security for their own teches because of shocking crimes like the one you are seeing played out here caught on tape. >> people are very desperate now. they get hooked on the drugs they can't afford to buy it. they are willing to kill for it. ♪ ♪ baby, baby, come along ♪ baby, baby, come along with me ♪ [ air horn blows ] ♪ i love you and i need you ♪ just to hug and squeeze you ♪ baby, why can't you see? [ female announcer ] the space of small suv. the fuel efficiency of a prius.

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>> an impromptu fireworks show when a delivery truck packed

with fireworks practiced. >> the fireworks are going off inside a tunnel where the truck crashed. unbeliefbly the truck driver got out fast enough to avoid any injuries. firefighters had to wear special gear and it took them hours to get the situation under control. a string of violent and sometimes deadly robberies prompting pharmacies to tighten security. the target apparently the store's stock of pain-killerings. and other controlled drugs. now a plan to fight back. laura i think els with the news. >> it is being called an epidemic the number of pharmacy robberies rose 81 percent over the last five years according to the united states drug enforcement administration. the number one target receives powerful pain-killers like ox cot -- oxycontin. >> they get hooked on the drugs

they can't akwoefford to buy ity lost health insurance. they are willing to kill for it. i don't want to be at the end of that person's desperation. >> they tighten up security installing cameras some even adding pull let proof glass and hiring guards. pharmacists and law enforcement agree more needs to be done to protect people. ideal are the pain-killer drugs given in the first place. the agency that collects all of the data to the doctors to the pharmacists to the insurance companies that take these drugs. more than 5,000 people again to misuse prescription pain-killers every day according to the centers of disease control. another reason why the dea is getting involved. >> i think we can turn the corner. i think the approach is being handled where we are trying to educate the public where we are

trying to deal with the community and law enforcement. >> in the meantime pharmacists keep up their guard to make sure a robbery doesn't happen to them. in if new york laura engingels,x news. >> a sheriff's deputy on the wrong side of the law. you may not believe how he managed to smuggle heroin into a county courthouse. the time honored naval tradition. welcoming the newest edition to the police. the perfect reason to pop some bubbly. [ male announcer ] in bli, even ragu users chose prego. prego?! but i've been buying ragu for years. [ thinking ] i wonder what other questionable choices i've made? [ '80s dance music plays ] [ sighs ] [ male announcer ] choose taste. choose prego. by marie claire as one of the 25 beauty products that will change your life because it whitens by removing up to 80% of surface stains.

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it's name recognizing the naval city of torn in aed doe, california. los angeles county share raves deputy is accused of trying to smuggle heroin into a county courthouse lockup. he choose to do it by putting it inside of a burrito. that policeman turning himself. he is pleading not guilty to drug charges and is suspended without pay. recapping fox top stories. an italian news agency now reporting two survivors found tonight in the last little while in a cabin aboard a screwed shi -- cruise ship. we are told they are in good condition. the search for the survivors who went into the water called off because of the darkness. dozens still unaccounted for. tra survivors describing a kay lotic terrifying night. a while ago on fox report we heard from one of the suffer vooi --

survivors. >> you saw our glasses start to fly. it was like scenes from the titan tick. dishes and everything was falling on to the floor. tables started to fly that's when everybody jumped up in a panic. >> that young man on his honeymoon. if robert mau rishg. >> on this day in 1954 new york yankees center fielder jo dimaggio married movie icon marilyn monroe. super star blonde shell and joe got married at city hall. it was a small circle of friends and family a hundreds of paparazzi outside. the marriage lasted only nine months they went through a high profile divorce love endured for 20-years after marilyn's untimely death. dimaggio sent 6 red roses to her crypt