Back then number 30 15 seconds left for the winning basket giving cold Water High School the regional title. The jumper and he hits with with five seconds to play earning young tom a place in cold waters Basketball Hall of fame. I have goose bumps talking about it. Victory was snatched from the jaws of defeat. He came through with it. To what extent were you known around here for being the kid that hit the game winning shot . That went on for a long time. Someone might come up, hey, remember when you hit that shot . Of course i remember. The Hometown Hero started dating another local stand out named darlene webber. Dar had a personality as bigs her smile. The first time i saw her she was playing softball of course and had on these lime green rec specks. She looked a little funny, but when she took them off, i thought she was beautiful. A classic case of opposites attracting. I think we both went into the relationship knowing that we really loved spending time with one another. Tom was laid back and easygoing and dar an Elementary School teacher was more type a. She let her opinions be known. One of the reasons why i loved her. I still love her today. When her sisters learned that dar and tom intended to marry, they were left scratching their heads. My famous saying was there was something wrong with tom to stay with dar. You couldnt do it . Be around that much center of attention and controlling. Dar was not a domesticated person. They were married in 1994 and right from the start, dar took the lead. Fair to say she wore the pants . 75, 80 of the time. She was the breadwinner . Yes. You stayed home and took care of your son . I did. Heath was their only child and the center of their lives. We just loved being together. We were always together. The three foleys lived on the out skirts of cold water in a farmhouse they called the heath bar farm. A picture perfect family, until that winter day in 2009. What was the last thing i said to her . I love you and i will see you later. On that day they were preparing to celebrate heaths 10th birthday at a friends house down the road. Dar needed to shower so tom, heath, and a friend left without her. The plan was for dar to follow in her car and meet them at the party later that afternoon. Dar never arrived. That gave you a 6th sense that something was wrong . Yes. She was always on time or early to events. Tom left the party and headed back home in search of his wife. Our kitchen backdoor was open and i noticed that the glass was broken and there was glass all over the kitchen floor. I looked through the rest of the house for her. Ended up finding her in her bathroom. She had been shot in the head with a shotgun at point blank range. Tom immediately called for help. Whats the problem . She is laying here in blood. Responders rushed to the farm and when james carbon arrived on the scene, he knew he was in for a long night. Were dont have a lot of homicides that happened around the county. Because of her position as a School Teacher and the number of people that knew her, that put it in a more serious investigation. Detective carbon and his team of state troopers scoured the crime scene, taking pictures and seizing evidence of what appeared to be a home burglary gone wrong. The first clue . The broken glass coming from the kitchen door window. For appeared a beer bottle was used to brick that particular window. According to tom, jewelry and credit cards were missing. The family desk had been disturb and documents inside were gone. Then there was the inside cabinet. Looked like somebody had gone in and basically scooped up a shelf off of the medicine cabinet and contents. Like maybe they were look for prescription drugs . Potentially. To the detective, the items missing were not as telling as what was left behind. Expensive electronics were untouched as was dars purse sitting on a hall way chair. For didnt make sense. Neither did the use of a shotgun. Its large and bulky. You have to carry whatever you steal out with the shotgun. The next day the police found their first piece of significant evidence that led the investigation into a whole new direction. In the foleys dusty basement was a is you specially dustfree yellow plastic bag. What was in the bag . Three shotgun shells. We found a bag that had shotgun shells in it. Have you seen that before . No. New questions for the grieving husband from police and dars family. There were a number of people that were really offended by his deme demeanor. When mystery at health bar farm continues. Dont seem so. More than a paycheck. It represents all the time youve spent helping those around you. So when it comes to taxes, were to help you. Thats why we have cpas, enrolled agents and tax attorneys to answer your questions. Helping you get deductions for uniforms, union dues, and even the miles you drive for a job interview. 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No dyes, no artificial perfumes, no harsh irritants. Only our purest possible skin loving ingredients. Its perfect even for sensitive skin. Is your skin care simple . Find out more at simpleskincare. Com. The funeral for dar foley was held on the 13th, friday the 13th. Those unlucky enough to be sharing their grief over the woman they loved and lost poured into Union City High school auditorium, no church it turned out was big enough to accommodate the more than 500 people who came to honor and remember dar. She was so full of life. She had a lot more to give. We cant bring her back. Your wife has been kill and you have a 10yearold son. Yeah. What did you tell him . I told him someone hurt mommy. He goes is she in heaven and i said yes. It seemed no one in woeld kaurt could comprehend what happens including steve and joanie pierce, Close Friends who learned of the murder from tom himself. I said the of you were always together and he was crying and he said i know, i know, i should have been there for her. Then i said, if you would have been, the three of you would be dead instead of just dar. Just 24 hours into the investigation, detective jim carbon had almost abandoned the theory that this was a rnd om act of violence. For appeared that this was a staged breaking and entering to hide a homicide that took place. According to detective carbon, whoever staged the burglary, didnt factor in the weather. For got really warm. We had a huge snow melt. The ground was unusually wet and muddy. You expect there would be muddy footprints from inside the residence from someone who came through the door. Absolutely. Was there anything . There was nothing. It was the yellow bag found in the basement containing shotgun shells that interested carbon the most. Downstairs in the basement, okay, we found a dunhams bag that should h shotgun shells in it, okay. Have you seen that before . No. The foleys didnt own a shotgun as far as we knew . That is correct. They sent the bag to the lab for analysis. What they found surprised even this veteran detective. Toms fingerprint was on the bag . Yes. Suddenly detective carbon felt he needed to take a closer look at tom foley and his seemingly picture perfect marriage. They did a lot of things together, however i dont consider them the picture perfect couple. Neither did dars sister, lynn. Whom dar once confided. She said tom doesnt love me anymore. He is leaving me. Hes going through his change of life. Midlife crisis . Yes. Dars sisters were becoming suspicious after watching toms behavior at dars funeral. It was almost like he was relieved. There were a number of people who came up to me after the service that were offended by his demeanor. His joyfulness. These are things that i heard. As ridiculous. Taking care of heath was on my mind. Wondering who killed my wife was on my mind. They dont know the things i have been through. Maybe so, but detective carbon was keeping a very watchful eye on tom foley. He decided to interview the other foley who was at the farm the day dar was killed. Tom and dars son, heath. Im detective sergeant carbon. Heath and his friend skiler were inside the house playing video games, waiting to be driven to heaths birthday celebration. Did you see anything different or out of the ordinary or anyone Walking Around or anybody come up to the door or anything you can think of . Not really. Okay. They interviewed skiler who said right before leaving for the party, tom sent the two boys outside to start up the truck. He said he will be out there in a little bit. I dont know what he was doing, taking a shower or what. Like heath, skiler couldnt recall anything unusual about that day either and then, suddenly. When we were outside across the barn, there was like a big crash, like way in the back of the house. What are did it sound like . Like breaking glass and things falling. Like maybe a vase. A loud sound . Detective carbon showed a drawing of the foley farm and asked him to place an x where he believed the sound originated. Like somewhere around here . Skiler placed the x just outside the first floor bathroom. The same room where dar foley had been shot. For appeared to us that skiler may have heard the shotgun blast that killed dar foley. Detective carbon was thinking this. The one other person in that house at that time was tom foley. Coming up he wanted a house, he wanted her money. If he divorced her, he lost everything. Was that a motive and was tom foley the killer . When dateline continues. So take a trip to micky ds and get. Get. Get. Get you some [ male announcer ] get hooked on mcdonalds new fish mcbites. Pop em with tangy tarter or spicy buffalo sauce. Catch em while you can. More. To love. Fishyfishy ba da ba ba baa i am the ghost of cookies past. Residue. So gross. 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Dannon from the mouths of babes or in this case, one articulate 10yearold boy. What seemed like a revelation. It was loud. Detective carbon believed scaler was an ear witness to the shotgun blast that killed dar foley. If true, it meant dar was murdered earlier than originally thought and more significantly it meant tom foley was still in the house when the murder occurred. That are lead was huge. Very, very important. For tom foley was in the house and pulled the trigger, the question remained, why . The answer said carbon is quite simple. Murder for money . Potentially, yes. Money in the form of an experience policy. I think he wanted out of the marriage. He did whatever he needed to do to make sure that happened. If he got 310,000 and got out of the marriage, so much the better . Yes. The evidence against tom foley was circumstantial, but compelling. Are. You think he faked the burglary and killed his wife . Yes. They never found the murder weapon. I wish i knew. In march of 2009, one month after da error foley was gunned town in her shower, state Police Arrested tom foaly and charged him with his wifes murder. I just what . Why . This cannot be happening. Why do you think that i did this . I did not kill my wife. To tom and dars close friend, news of toms arrest was as stunning as the news of dars death. Could you conceive of tom hating his wife so much that he wanted to kill her or killing her for the insurance money . Absolutely not. Here made good money. Do you think they had a good marriage . I do. Everything seemed to be going real good for them. It seemed sadistic. Shooting your wife at point blank range and killing the mother of your son the day he was celebrating his 10th birthday. He wouldnt do that to his son. Ten days after toms arrest, heath foley was brought in for a second interview and this time, he did recall hearing a noise that day. Skiler talks about hearing this unusual sound. Do you remember anything about it . He talked about maybe a gunshot or maybe glass broke, i dont know. It was one of those two things maybe. According to tom, the sound he heard was nothing more than glass breaking. They were old barn windows i was trying to clean up and i went to grab them and one slipped out of my grip and it smashed on the back porch. For made a lot of noise . It did, yep. Detective carbon was not buying the explanation. The boys were playing over by this barn . Yes. How far is that from the house . Approximately 75 yards. He claims he was dropping a window. Would that penetrate that far . In my opinion that wouldnt have happened. They searched the area around the back porch. There was no glass we could see when we looked at the scene on that particular night as well as the next day. For dars sisters, the writing was now on the wall. They were certain of their brotherinlaws guilt. We went over every case we could come up with to not make it down. Tom couldnt be a man and it ate at him and he couldnt take it anymore. People get divorced for that reason. Here didnt divorce her because hes a coward. He wanted heath, he wanted the house, he wanted her money. If he divorced her, he lost everything. In november of 2009, tom foleys trial began. The prosecution argued that only tom had a motive to kill dar. The defense claimed police had rushed to judgment. Defense attorney tom schaffer and investigator ken coberstein. Its the wife or the husband or the person that finds the. It was the husband and tom. They wanted me bad. Whats easier for them to go after someone they can physically see or someone they cannot physically see . Whats wrong with the idea that the money was a motive . Absolutely not. We had a mortgage. To move on after all this was going to take a lot more than that. After two weeks of testimony, the jury had its verdict. I felt the evidence was going to prove there was no way i had anything to do with this. 12 jurors didnt share that feeling. We the jury find the defendant guilty of firstdegree murder. I was just what . I was shocked. What was wrong with the jury . What did they know that i dont know . How can they convict a man on what they had . They knew what a conviction was meant for me. For life without the possibility of parole my sister is still dead. It didnt bring her back. You had a little bit of faith in the justice system. In the hours following the verdict, it seemed everywhere in cold water was relying on fate. I said to myself god is not going to let me go to prison. Something had tow turn around. Less than 24 hours after the verdict, tom foleys defense team got a phone call from a woman. This was a woman who essentially said i saw the murderer and it wasnt tom foley. Coming up there is the killer. Right there. She saw him. A bombshell from out of the blue. 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This was a grass root whodunit and we thought we had shown that it wasnt this person who had dun it. I was def stated. When this ended i could have walked into a wall. One day after tom foleys conviction, a woman stepped forward. She had new information that suddenly gave new life to toms defense. Sheer came forward and said i saw this white car storming out of the driveway, almost hit me. It looked like somebody was either high or running away from something. The woman was certain they came out of the farm around the time dar was murder and equally certain the driver looked nothing like tom foley. There is the killer. Right there. She saw him. The person leaving our property. Then like a dam breaking, two other witnesses came forward, each having seen a mysterious car of their own either parked on the foley property or speeding away from it. All the sightings were within two hours of dars murder. There was one after another and i was saying what was going on . Where were these people before . The judge was about to sentence tom foal tow life. He wanted to hear what the new witness his to say. After a year of appeals that, went all the way to the state supreme court. Tom foley was granted something most people convicted of murder never receive. A second chance. I was walking through the chow hall in prison and someone said hey tom, i saw you on the news. I said what for . He said they gave you a new trial. I said what . That department change the minds of dars family. They remained convinced that tom killed dar on the day of his sons 10th birthday celebration. Do you think tom is cold enough to do that to his kid . Yes. Yes. I think there is evil. The prosecutor agreed. Who killed dar foley . Tom foley. There is nobody else. A year and a half after tom foleys conviction, both sides filed back into the courthouse to once again determine toms fate. The court is again in session. Thank you. As before, the state opened its case with the crime scene analysts. What are is it you found in the basement . A yellow bag and located in the bag was three shotgun shells. These are phone records. Norris showed the jury the foleys home phone records from around the time dar was killed. No phone calls came in or left. Your wife doesnt show up, why not call home and say where are you . We are waiting for you . Thats what i would do. According to detective carbon, tom didnt bother calling because he knew dar was already dead. Then members of dars family stepped forward to testify that tom and dars marriage was trouble and that tom wanted out. He told me his wife is consider controlling and that it was wearing on him and he did note necessarily want to stay in the marriage anymore. And there was more evidence of an unhappy marriage. According to this woman back in 2006, tom had a wandering eye. State your full name and spell your last name. She taught at the same Elementary School as dar known at school as dark d. Thats how carrie met dar. He was thinking about leaving dd. Tom also revealed he had feelings for her and later he tried to kiss her. What was your reaction to that . I didnt want anything to do with it. The prosecution was not done. This woman took the stand. State your name for the record and spell your last name. Marion victoria crandall. Sheer told the court like carrie zuk she met com r tom through dar. A couple of weeks after dars murder, marion stopped by the farm to offer tom support. I dont mean to embarrass you, but you had sex with. Tom his living room . He tried to. It was stopped. Who tried and who stopped . He tried and we both stopped. We dont have a sexual relationship with somebody within two weeks after your wife is murdered in the house. The jury never heard her testimony because there was no indication of a romantic relationship prior to dars murder. The judge ruled just as he did in the first trial her testimony was prejudicial and therefore inadmissible. It was a huge blow to the prosecutions case. It supports the position that they were not this deeply in love couple. That would have proven that. Nora had two key witnesses. Toms son heath and heaths friend skiler. Both two years older and now more certain than ever about what they saw and heard the day dar was killed. Last year at church camp we went for one of our activities and fired shotguns and it most resembled that sound. It was time for heath to take the sound. The last time he saw his boy was in court almost a year earlier. While you were in the barn, do you hear something . Yes. I thought it was maybe skiler ran into a wall. Either that or a gunshot. You think the boys were actually if not eyewitnesss, ear witnesses . Ear witnesses to what happened. Tom schaffer knew he had hope of getting tom foley acquitted, he would need to prove the sound was anything other than a gunshot. Two weeks before trial began while inspecting photos, he found what may be the key to his clients freedom. I said is that what i think it is . It was one of these holy crap. It was just a perry mason moment. Coming up we were together all the time. Tom foley on the stand with his own fate on the line. Trying to convince the police and my wifes family. Could he . When dateline continues. Sofa. Desk. You know what . Why dont you go get some frozen yogurt. I got this. Youre so sweet. You got this, right . I do got this. Let us get everything off the shelf, and to your home. Sofa. Desk. You know what . Why dont you go get some frozen yogurt. I got this. Youre so sweet. You got this, right . I do got this. Let us get everything off the shelf, and to your home. Strongest part of your case . The boys. The testimony of the boys. They heard the gunshot. The defense was about to airing that overtime, both boyss testimony had changed. In significant ways. Heath is now stating it sounds like a gunshot . Its something he department say in the first interview. The same thing with skiler. Heaths courtroom testimony left tom furious. Not at his son, but at his accuse accusers, the people who cared for heath while tom was incarcerated. That is somebody koernlging or encouraging him . I believe so. Coached or not, toms defense team knew from day one they needed to prove the sound those boys heard was tom dropping a window frame on the back porch and not the fatal gun blast. Four days after tom foleys arrest, they took a trip to the farm to try and do just that. A couple of perry mason moments . Dont come very often. This was the frame we thought. Right where he said he dropped the frame, they found that tiny shard of glass. They tried to match it with the frame tom said he dropped. If you set it in one of the few remaining puttied areas of the frame, it fits perfectly. It was compelling evidence that tom may have been telling the trut. Schaffer would need more than a shard of evidence. He next called this woman, Jeanette Moore, the woman who came forward immediately following toms guilty verdict and the reason he was ultimately granted a new trial. I do. She said she was driving past the house around the time dar had been murdered. As i approached this white car, it comes racing out forward and i if i didnt brake, i would have hit him. She got a look at the driver. A young 18 to 20yearold kid with black hair and his face was real white and he was clinching the wheel like this. I thought hes crazy. Hes going to kill somebody. didnt you call the police . I didnt because i was afraid. When Jeanette Moore learned about the guilty verdict, she could no longer keep her silence. God forgive me and i truly mean that in my heart, i didnt come forward sooner. If i hadnt been so darn scared. What are followed was a succession of other witnesses, each claiming they too saw a mysterious car on or leaving the heath bar farm around the time of the murder. Whoever killed dar foley was either in one of the cars or all three of them participated in the murder in some fashion. But tom foley knew if he any help of acquittal, the jury would need to hear from one more witness. I call tom foley. I didnt want to convince the 12 jurors. I wanted to convince the prosecutor and the police and ied to convince my wifes family. I wanted them to know and look at me and hear me. He started by answering nagging questions like how did a yellow bag with shotgun shells get into his basement. Did you have dunhams bags in your home . Yes. How do you explain the bag in your basement . They were not ours. That bag is probably ours. My fingerprint is on the bag. For three clean shotgun shells to be in my basement . It doesnt make sense. You have no idea where they came from . Absolutely not. Tom said he never owned or used a shotgun. Never. Wouldnt know how to operate it. Wouldnt know the first thing about it. Tom schaffer then asked why tom failed to call his home when dar didnt show up at the birthday celebration. Something wasnt right. I went home. If he had cell phones, i would have called her. I had to find her and she where she was at. It was time for tom to describe his relationship with dar. It didnt take long to lose his composure. We were very close. And go ahead. We were together all the time. Approximate are tom admitted to the jury he did once flirt with carrie zuk, but said that happened three years prior to the murder during a brief time when he and dar were arguing more than they were communicating. That put quite a bit of distance between us and also led to intimacy problems between her and i. Tom said he eventually told dar about his feelings for carrie and said he went to counseling to work on their communication problems. After those sessions, did things get better . Absolutely. Why was it so easy for tom to become intimate with Marion Crandall so soon after dars death . It was like three weeks after dar died and you are in the house where dar died. Yeah. What am i to think of that . Think that i dont care about what had just happened to my wife, but thats not true. If i go back and change it, i would. But i cant. This was an event that involved grief and a reaching out and it happened. Do you love your wife . I love her very much. Did you love her on february seventh, 2009 . Very much so. Did you have anything to do with her death . Not at all. Before closing arguments, the prosecutor had one more card to play. In the form of a surprise rebuttal witness who could unravel toms alibi. State your full name . Amber out of the presence of the jury, dars niece said one week before dar was murdered she went to the farm to babysit heath. She told us not to go out on the back porch without shoes because tom dropped a frame and there might be glass out there. They ruled ambers testimony was hearsay and inadmissible. The jury never heard her challenge toms claim that what the boys heard was him dropping a window frame. Now with the evidence that was admitted and for the second time in two years, a jury was about to decide tom foleys fate. My stomach was turning and cant eating. I was physically sick. Coming up another verdict brings another shattering moment. He collapsed to the floor and wept for 20 minutes. Coming up friday on dateline, secrets in the mist. Hopeless. Where did she go . Who did she see . A young mother is missing in a case gone coal. This was the hardest case we have ever done. Detectives had an aha moment. All of us know facebook is a place you can find people. Why dont you establish a facebook account . Thats when everything started to change. Could facebook helsolve this mystery . A lot of sadness. Im going to cry thinking about it. More than the case of a missing mom. Much more. So important to know the truth behind that evening. I just wanted to know. No dyes, no artificial perfumes, no harsh irritants. Only our purest possible skin loving ingredients. Its perfect even for sensitive skin. Is your skin care simple . Find out more at simpleskincare. Com. In our homes, our minds. We can share every second in data dressed as pixels. A billion roaming photojournalists. Uploading the human experience. And it is spectacular. So why would you cap that . My iphone 5 can see every point of view. Every panorama, the entire gallery of humanity. I need to upload all of me. I need, no, i have the right to be unlimited. Only sprint offers truly unlimited data. For iphone 5. To get your family together for breakfast. [ clears throat ] [ female announcer ] in fact, they might work too well. [ children laugh ] [ female announcer ] eggo waffles. Simply delicious. A talking car. But ill tell you what impresses me. A talking train. This ge locomotive can tell you exactly where it is, what its carrying, while using less fuel. Delivering whatever the world needs, when it needs it. After all, whats the point of talking if you dont have something important to say . As he did in the first trial, attorney tom schaffer prepared to address the jury for what he and his client, tom foley, hoped would be the last time. When your defense rested, were you comfortable . Yes. You thought you were going to win . Very much. You thought that once before. Yes i did. If a marriage has a bump in the road, that is a motive for murder. Is it reasonable . I suggest not. Tom foley he said had nothing to do with dars death, but those mysterious cars did. Those cars should not have been there. The prosecution has not given you any explanation why they were there. Because there is no other explanation other than they had some connection with the death of dar foley. Ladies and gentlemen of the jury, i submit that there is more than reasonable doubt. I ask you to find tom foley not guilty. Then came prosecutor terry norriss turn. She started by attacking the credibility of those witnesses who say they saw the cars. If you were to believe all these vehicles were there, there was a party at the foley home with a bunch of white cars and a black suv . That makes no sense whatsoever. None. Norris wanted the jury thinking one thing. Who had the motive . Its tom foley. Whose fingerprint was on the bag of shells in the basement . Tom foleys. Tom foley is guilty. I am asking to you bring back that verdict. The outcome of toms second trial was far from certain. What are worried you the most . He was such a nice guy. You would never have guessed he would do Something Like that. Here didnt seem like a murderer . Right. Then at the fabled 11th hour, it was time. The jury filed in. Were they looking at you . No, they werent. I took a couple of deep breaths. Your honor, we the jury find the defendant not guilty. It paid off. Approximate are as to count two . Not guilty. The reaction of tom at the time of the verdict was incredib incredible. He collapsed to the floor and wept for 20 minutes. Unbelievable. He got away with murder, but he almost didnt. He had it. We had him convicted and to actually have to go back and talk with that family and try to give them some consoling, how do do you that . You are just angry and angry at the jurors. The judge, and there is nothing you can do about it. I was more concerned about heath at that point. Because i knew that he knew his father killed his mother. I couldnt imagine having to go back and live with the man that killed your mother. Get it tom regained custody of heath and he treads very carefully when discussing that tragic day with his boy. From him i want to know why you think i did this. I deserve that answer. All he can say is i dont know who else it could have been. Tom said he will never forget dar. I still think she is beside me. Im going to continue to raise our son the way we wanted him to be raised. You harbor any grudge because of this . All i can say is they made a mistake and thats all im asking. That they search and search and search until they find dee dees killer. According to prosecutor norris, there would be no point to that search. You are not investigating anymore . There is no one to investigate and no new evidence of anyone coming into this crime. This boyhood hero wrote a new set of headlines as an adult and cold water may never be the same. As for those who are convinced of toms guilt, they cling to the memory of the one they lost and loved. They gather to release balloons in dars honor. She loved to be the center of attention so this is her center of her attention. Three, two, one it ryes closer to where she is at and hopefully she sees we are thinking about her. We love you, dar thats all for this edition of dateline sunday. We will see you again for dateline friday at 8 00, 7 00 central. Im lester holt. For all of us at nbc news, good night. [ indistinct p. A. Announcement ] oh, my god oh oh, its not for me. Oh [ Twisted Sisters were not gonna take it plays ] were not gonna take it no, we aint gonna take it were not gonna take it anymore nailed it. Were not gonna take it no, we aint gonna take it were not gonna take it anymore ahchoo [ laughs ] were not gonna take it no no, we aint gonna take it were not gonna take it anymore ooh [ cheers and applause ]