You would have never have guessed that he would have done Something Like that. You think he faked that burglary and killed his wife . Yes. He wanted the house. He wanted her money. And if he divorced her, he lost everything. In court, a stunning verdict. This cannot be happening. I did not kill my wife. But more stunning still was what came after. A mysterious witness with a secret. This is a woman who essentially says, i saw the murderer. And it wasnt tom foley. Would her story be the ultimate twist . Hello and welcome to dateline. Its a mystery people thought they had the answer to, the murder of a wellloved teacher and a closeknit town. Within hours, police were on the scene. There would be an arrest a trial and a conviction. Case closed . Not on your life because in this story a bomb shell came in after the verdict. Heres josh mankiewicz. 911. I need an ambulance now. February, 2009, coldwater, michigan. Whats the problem . My wife your wife . Yes. And in one day, one moment is she breathing . No shes gone. Shes gone. The innocent, simple life tom foley and his family once lived was gone forever. Oh my god no oh my gosh 27 seconds. Gives it off to foley. It was a moment tom foley never would have imagined 23 years earlier. Back then, number 30 going to be 15 seconds left. Scored the winning basket, giving Coldwater High School the regional title. Baseline jumper, 18, he hits it with 5 seconds in play earning young tom a place in coldwaters Basketball Hall of fame. I have goose bumps right now talking about it. Victory was snatched from the jaws of defeat and he came through with it. To what extent were you sort of known around here for being the kid that hit the gamewinning shot . That went on for a long time. You know, maybe someone might come up hey, tom, remember when you hit that shot . Of course i remember. In 1991, the Hometown Hero started dating another local standout named darlene weber. Dar, as she was known, had a personality as big as her smile. The first time i saw her, she was playing softball, of course. She had on these lime green rec specs. She looked a little funny. But when she took them off, i thought she was beautiful. It was 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 the laid back, easy going type. Dar, an Elementary Schoolteacher was more typea. And she didnt hide what she was thinking. She had opinions, and she would let those be known. Its one of the reasons i loved her. I still love her today. Still, when dars sisters learned that dar and tom intended to marry, they were left scratching their heads . My famous saying was, theres got to be something wrong with tom for him to stay with dar. Because you couldnt do it. No. No. You couldnt be around somebody who was that much the center of attention. And telling you what to do. And that controlling. Dar was not a domesticated person either. The foleys were married in 1994. And right from the start, dar took the lead. Fair to say that she wore the pants in that house . I would say probably 75, 80 of the time she did. She was the breadwinner. Yes. You stayed home and took care of your son . I did. Heath was tom and dars only child, and the center of their lives. And we just loved being together. We were always together. And so the three foleys lived on the outskirts of coldwater n an Old Farmhouse they called the heath bar farm. A pictureperfect family until that winter day back in 2009. What was the last thing you said to her . I said i love you. And ill see you later. On that day, the foleys were preparing to celebrate heaths 10th birthday at a friends house just down the road. Dar still needed to shower. Tom, heath and a friend of heaths left without her. The plan was for dar to follow in her own car and meet them all at the party later that afternoon, but dar never arrived. That gave you some sort of sixth sense that something was wrong. Yes. She was always on time or early to events. So tom left the party and headed back home in search of his wife. Our kitchen back door was opened. And i noticed that the glass was broken and there was glass all over our kitchen floor. So i looked through the rest of the house for her. And ended up finding her in our bathroom. It was a gruesome scene, dar lying in the shower stall. She had been shot in the head with a shotgun at point blank range. Tom immediately called for help. Whats the problem . My wife is in the shower. Shes just laying there in blood. First responders rushed to the foley farm. When Michigan State Police Detective james carbon arrived on the scene, he knew he was in for a long night. We dont have a lot of homicides that happen in and around branch county. And because of her position as a schoolteacher, just for the number of people that knew her, that put it in a much more serious type investigation. Diskt 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. And it appeared that a beer bottle was used to break that particular window. According to tom, jewelry and credit cards were missing. The family desk had also been disturbed and financial documents inside were gone. And then there was a medicine cabinet. Looked like somebody had gone in and basically scooped up a shelf off of medicine cabinet and its contents. Like maybe they were looking for prescription drugs. Potentially. But to detective carbon, the items missing werent nearly as telling as what was left behind, Expensive Electronics were untouched, as was dars purse found sitting on a hall way chair. Just didnt make a lot of sense. Neither did the use of a shotgun. Its large. Potentially bulky. If youre going in to break into something, you have to carry whatever you steal out, with the shotgun that you brought also. It wasnt until the next day that police found their first significant piece oefd, evidence that led the investigation in a whole new direction. Down in the foleys dusty basement was a suspiciously dust free yellow plastic bag. Coming up i think they did a lot of things togts. However, i dont consider them the picture perfect couple. When dateline continues. Saturdays happen. Pain happens. Aleve it. Aleve is proven stronger and longer on pain than tylenol. When pain happens, aleve it. All day strong. At walgreens, we understand the speed of life never slows down. Thats why were helping you get the care and attention you deserve even faster. Thats our promise. 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The funeral for dar foley was held on the 13th, friday the 13th. Those unlucky enough to be share tharg grief over the woman they love 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. And she had a lot more to give. And we cant bring her back. Your wifes been killed and you have a 10yearold son. Yeah. What did you tell him . I told him this, someone had hurt mommy. And he goes, is she in heaven . And i said, yes. It seemed that no one in coldwater could comprehend what had happened, including steve and joanie pierce, Close Friends of both tom and dar who learned of the murder from tom himself. I said the three of you were always together. And he was crying. And he said, i know. I know. I should have been there for her. And then i said, if you would have been, the three of you would be dead instead of just dar. But just 24 hours into the investigation, detective jim carbon had almost abandoned the theory that this was a random act of violence. It appeared to me that this was a staged breakin and entering to try to hide a homicide that took place. But according to detective carbon, whoever staged the burglary didnt factor in the weather that day. It got really warm. We had a huge snow meltoff. The ground around the farmhouse was unusually wet and muddy. So you expect that there would be muddy footprints from inside the resident from somebody who came through the door. Absolutely. Was there any . Was there any footprints . There was nothing. But it was the yellow bag found in the basement, the bag containing shotgun shells that interested carbon the most. Downstairs in the basement. Okay. We found a bag that had some shotgun shells in it. Okay. Have you ever seen it before . No. The foleys didnt own a shotgun, as far as we know. Thats correct. Carbon sent the bag to the lab for analysis. And what technicians found on the bag 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 pictureperfect marriage. I think they did a lot of things together, however, i dont consider them the pictureperfect couple. Neither did dars sister lynn, in whom dar was confided. She said, tom doesnt love me anymore. Hes leaving me. Hes going through his change of life, you know. His midlife crisis. Yes. Dars sisters were becoming increasingly suspicious, especially, they said, after watching toms behavior at dars funeral. It was almost like he was relieved. There were a number of people that came up to me after the service that were really offended by his demeanor, his joyfulness. These were things that ive heard. And its ridiculous. I mean, taking care of heath was on my mind. Wondering who killed my wife was on my mind. They dont know the things that ive been through. Maybe so, but detective carbon was keeping a very watchful eye on tom foley. He decided to interview the other foley, whochs was at them the day dar died. Their son heath. On that day, heath and his friend 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 anybody walking around, anybody come up to the door . Anything that you can think of . The detective also interviewed skyler watty who said right before leaving for the party, tom sent the two boys outside to go start up the truck. He said that hell be out there in a little bit. Okay. I dont know what he was doing. Taking a shower or what. Like heath, skyler couldnt recall anything unusual about that day either. And then, suddenly, yeah. When we were rung across the barns, there was like a big crash, like way in the back of the house. Like what did it sound like. It sounded like breaking glass and a bunch of things falling. Vase just it was a loud sound . Okay. Detective carbon showed skyler a drawing of the foley farm and asked skyler to place an x where he believed the sound originated. Like somewhere around here. Okay. Skyler placed the x just outside the first floor bathroom, the same room where dar foley had been shot. It appeared to us that skyler watty may have heard the shotgun blast that killed dar foley. Detective carbon was also thinking this the one other person in that house at that time was tom foley. Coming up he wanted the 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. Welcome back to dateline. Here again is josh mankiewicz. From the mouths of babes, or in this case one articulate 10yearold boy, came what seemed like a casebreaking revelation. There was a loud, loud detective carbon believed 10yearold skyler watty was an earwitness to the shotgun blast that killed dar foley. If true, it meant dar was murdered earlier than originally thought. More significantly, it meant tom foley was still in the house when the murder occurred. That lead was huge. It was very, very important. But if tom foley was in that 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 insurance policy. I think that he wanted out of the marriage and did whatever he needed to do to make sure that happened. And if he got 310,000 in insurance money and got out of the marriage, so much the better. Yes. The evidence against tom foley was circumstantial but comparing. Yes. They never found the murder weapon. What do you think happened to the gun . I wish i knew. But even without it, in march of 2009, one month after dar foley was gunned down in her shower, state Police Arrested tom foley and charged him with his wifes murder. And i was like, this cannot be happening. Why do you think that i did this . I did not kill my wife. To tom and dars Close Friends the pierces, news of toms arrest was almost as stunning as the news of dars death. Could you conceive of tom either hating his wife so much that he wanted to kill her absolutely not. Never. Or killing her for the insurance money. That could be stupid. She made good money. He never want things. Its not like money has been was real valuable to him. Do you think they had a good marriage. Yeah, i do. Yeah. Everything seemed to be going real good for them. It seemed sadistic, shooting your wife at point blank range, killing the mother of your son on the very day he was celebrating his 10th birthday. He never would have done that to his son. Police continued gathering evidence, 10 days after toms arrest, Police Brought heath foley in for a second interview. And this time, heath did recall hearing a noise that day. Skyler talks about hearing this unusual sound. Do you remember that now . I mean, it was like maybe a gunshot maybe. Glass broken, i dont know. It was one of those two things maybe. According to tom, the sound heath heard was nothing more than glass breaking. There were old barn windows that i was trying to clean up and i went to grab them and one of them slipped out of my grip and it smashed on our back porch steps. Made a lot of noise. Yeah, it did. Yep. But detective carbon wasnt buying toms explanation. The boys were playing over by this barn . Yes. How far is that to the house. Approximately 75 yards. Mr. Foley claims he was dropping a window. Would that sound have penetrated that far . In my opinion, that couldnt have happened. Police also say they carefully searched that area around the back porch. There was no glass that 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 by 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 tom. I think tom resented dar in that he couldnt be a man. I think it kind of ate at him. And he couldnt take it anymore. People get divorced for that reason. He didnt divorce her because hes a selfish coward. He wanted heath. He wanted the house. He wanted her money. And if he divorced her, he lost everything. In november 2009, tom foleys trial began. The prosecution argued that only tom had a motive to kill dar. But the defense claimed police had rushed to judgment. Defense attorney tom shaffer and defense investigator ken kobersten. In their mind its always the boyfriend or husband. Or whoever finds the body. Was the husband and tom. They want med bad. Because they whats easier for them to go after someone that they can actually physically see or someone that they cannot physically see. Whats wrong with the idea that the money was a motive . Absolutely not. I mean, we had a mortgage. To move on after all this, it was going to take a hell of a lot more than that. After two weeks of testimony, the jury had its verdict. Felt that the evidence was going to prove that there was absolutely no way i had anything to do with this. 12 jurors didnt find that feeling. We the jury find the defendant guilty of first degree murder. I was just what . I was just shocked. What was wrong with the jury . What did they know that i dont know . How could they convict a man on what they had . They knew what a conviction was meant for me. And for life without the possibility of parol. My sister is still dead, still didnt bring her back. But you had a little bit of faith in the justice system. In the hours following the verdict, it seemed everyone in coldwater was relying on faith. I said to myself, god isnt going to let me go to prison for the rest of my life. Something had to turn around. Then less than 24 hours after the verdict, tom foleys defense team got a phone call from a woman. This is a woman who essentially says, i saw the murderer, and it wasnt tom foley. Coming up theres the killer. Right there. She saw him. A bomb shell from out of the blue. Was there hope for a newlyconvicted husband . When dateline continues. Husba . When dateline continues. Els so dewy, and hydrated. Gives my skin an extra boost of life. Its full of energy. It finally matches me. Im denise bidot, and my skin is powerful. And i can face anything with my olay. Skip to the good part with alkaseltzer plus. Now with 25 more concentrated power. Nothing works faster for powerful cold relief. Oh, what a relief it is so fast im lindsey riser with the hours top stories. Bucking hall palace announced prince harry and Meghan Markle will no longer use their Royal Highness title and forego public money for their duties. They will be responsible for paying back 3 million in taxpayer money used to renovate their home near windsor castle. A massive winter storm swept through the midwest and northeast on saturday bringing a mess of snow and ice. New york city officials issued a travel advisory, urging residents to utilize public transportation. Now back to dateline. Welcome back to dateline im craig melvin. After the jury districted a guilty verdict, tom foley faced life behind bars. Then, in a stunning turn, just 24 hours later, a witness emerged to public set him free. Once again, josh mankiewicz. Foley baseline jumper, 18, good he hits it with five seconds 24 years after the onetime Hometown Hero named tom foley made coldwater history, the now convicted murderer of the same name sat behind bars awaiting his sentence. You ready to spend the rest of your life in prison . No, absolutely not. To tom foleys attorney, tom shaffer, and to his private eye ken kobersten the guilty verdict landed a big blow. We thought we had shown it wasnt this person who had done it. I was devastated. When this ended, i could have walked into a wall. But just one day after tom foleys conviction, a woman stepped forward. She had new information that suddenly gave new life to toms defense. She came forward and said i saw this white car storming out of the driveway, almost hit me, looked like somebody was either high or running away from something. The woman was certain the driver was coming out of the heath bar farm right around the time dar was murdered. And she was equally certain the driver looked nothing like tom foley. Theres the killer. Right there. She saw him. Person leaving our property. And 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. It was just like one after another. And i was what is going on . Where were these people, you know, before . The judge, who was about to sentence tom foley to life wanted to hear what these new witnesses had to say. And 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 somebody says, hey, tom, i saw you on the news. Really . What for . They gave you a new trial. I said, what . But news of a new trial didnt change the minds of dars family. They remained convinced not only did tom kill dar, he did so on the day of his sons 10th birthday celebration. You think toms coldblooded enough to do Something Like that to his kid . Yes. Yes. I think theres evil in him. Prosecutor tarry norris 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. Circuit court is again in session. Thank you. As before, the state opened its case with the crime scene analysts. What is it that you found in the basement . I found a yellow dunhams bag. Located in the bag was three shotgun shells. These are phone, records norris also showed the jury the foleys home phone records from around the time dar was killed. There were no phone calls that either came in or left. Your wife doesnt show up somewhere, why not call home and see, have you left yet . Were waiting for you. Thats what i would do. According to detective carbon, tom didnt bother calling dar at home because he knew dar was already dead. Then members of dars family stepped forward to testify that tom and dars marriage was troubled and that tom wanted out. He told me that his wife is very controlling and that it was wearing on him and he did not 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. Please state your full name for the record and spell your last name. She taught at the same Elementary School as dar who was known at school as dee dee. Thats how carry met tom. He told me that he was thinking about leaving dee dee. According to carry, tom also revealed he had feelings for her. And later he tried to kiss her. And what was your reaction to that . I didnt want anything to do with it. The prosecution wasnt done. This woman took the stand. Please state your full name for the record and spell your last name. Marry ann victoria kran dal. Out of the presence of the injury, Marian Crandell told the court that like carry zuck, she met tom through dar. A couple weeks after dars murder, mary ann stopped by the farm to offer tom support. I dont mean to embarrass you, but you had sex with tom in his living room. He tried to. And it was stopped. Who tried and who stopped . He tried and we both stopped. You dont have a sexual relationship with somebody within two weeks after your wifes been murdered in that house. But the jury never heard mary ann crandells 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 that her testimony was prejudicial and therefore inadmissible. It was a huge blow to the prosecutions case. It supports the position that they werent this deeply in love couple that he kept trying to present. I mean, that would have proven that. But norris still had her two key witnesses, toms own son heath and heaths friend skyler watty, 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, we fired shotguns and it most resembled that sound. Then it was time for heath to take the stand. The last time tom had seen his boy was at a hearing also in court almost a year earlier. While youre in the barn, do you hear something . Yes. I thought it was maybe skyler kind of ran into a wall, either that or a gunshot. You think the boys actually were, if not eyewitnesses then earwitnesses. Earwitnesses to what happened. You may step down. Tom shaffer knew if he had any hope of getting tom foley acquitted, he would need to prove the sound those boys heard was anything other than a gunshot. Just two weeks before trial began, while inspecting crime scene photos, shaffer found what may be the key to his clients freedom. Has a tiny piece of evidence given toms defense team a glimmer of hope . Coming up i says, is that what i think it is . It was one of these holy crap. It was harry mason. When dateline continues. When dateline continues f. Fast. Only thermacare ultra pain relieving cream has 4 active ingredients to fight pain 4 different ways. Get powerful relief today, with thermacare. I think the house is changing him. [ gasps ] up and at em . Into his father. 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The defense began presenting its case in hopes of convincing the jury that foley is innocent ed myway through tom foleys trial, the talk around coldwater focussed on the damaging testimony of skyler watty and toms own son, heath. What do you think was the strongest part of your case . The boys. The testimony of the boys. They heard the gunshot. But the defense was about to argue that over time both boys testimony had changed and in significant ways. Heath is now stating that it sounds like a gunshot. Its something that he didnt say in the first interview. The same thing with skyler. Heaths courtroom testimony left tom furious, not at his son, but at his accusers, the people who cared for heath while tom was incarcerated. Thats somebody coaching him or encouraging him . I believe so. Coached or not, tom foleys defense team knew from day one that 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, shaffer and his partner took a trip to the farm to try and do just that. Couple of perry maisons moments dont come very often. This is the frame we found. Right where tom said he dropped the frame, they found this tiny shard of glass. Immediately they tried to match the shard with the frame, tom said he dropped. Take the shard and set in one of the few remaining in tact puttys areas of frame, you can see it fits perfectly. It was compelling evidence that tom may have been telling the truth. But shaffer would need more than a shard of evidence. He next called this woman, janet moore, the woman who came forward immediately following toms guilty verdict and the reason he was ultimately granted a new trial. I do. Okay. Moore said she was driving past the foley house right around the time dar had been murdered. As i approached this white car come racing out forward and if i hadnt of braked, i would have hit him. Janet moore said she got a good look at the driver. It was a young 18 to 20yearold kid, had real black hair and his face was real white and he was clutching the wheel just like this. And i thought, hes crazy. Hes going to kill somebody. Why didnt you call the police . I didnt because i was afraid. But when janet moore learned about tom foleys guilty verdict, she said she could no longer keep her silence. God forgive me and i truly mean that in my heart that i didnt come forward sooner. If i hadnt been so darn scared. What followed was a succession of other witnesses, each claiming they, too, saw mysterious cars either on or leaving the heath bar farm right around the time of the murder. I caught a glance of a ford black ford suv crossover vehicle. Could have been a white car, cream car, you know. It was just light colored car. Whoever killed dar foley was either in one of those cars or all three of them participated in this murder in some fashion. But, tom foley knew if he had any hope of acquittal, the jury would need to hear from one more witness i call tom foley to the stand, your honor. I just didnt want to convince the 12 jurors. I wanted to convince the prosecutor. I wanted to convince the police. I wanted to convince my wifes family. I wanted them to know and look at me and hear me. Tom started by answering some still nagging questions, like how did a yellow plastic bag with shotgun shells in it get into toms basement . Did you have dunhams bags in your home. Yes. How do you explain the bag in the basement with the shotgun shells in it . They werent ours. That bag is probably ours. I mean, my fingerprint is on the bag, but for three clean shotgun shells to be in my basement, just doesnt make sense. You have no idea where those came from. Absolutely not. Tom said hes never owned or used a shut gun. Never. Wouldnt know how to operate it. Wouldnt know the first thing about it. Tom shaffer then asked, why tom failed to call his home when dar didnt show up at the birthday celebration. Something just wasnt right. So thats why i went home. If we had cell phones, i would have called her on the cell phone. I had to find her. I had to go and see where she was at. Then it was time for tom to describe his relationship with dar. It didnt take tom long to lose his composure. We were very close. And we were we were together all the time. Tom admitted to the jury he did once flirt with cari zuck, but he 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 it also led to intimacy problems between her and i. Tom said he eventually told dar about his feelings for cari and also said he went to counselling to work on their communication problems. After those sessions, did things get better . Absolutely. But then why was it so easy for tom to become intimate with mary ann crandell, so soon after dars death. Three weeks after dar died. Yes. And youre 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. 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 7th, 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. Please state your full name for the record. Amber rapligay. Dars niece said one week before dar was murdered, she went to the farm to baby sit heath. She told us not to go out on the back porch without shoes because tom had dropped a frame and there might still be glass out there. But the judge ruled that ambers testimony was hearsay and therefore inadmissible. The jury never heard her challenge toms claim that what the boys heard the day dar was murdered was him dropping a window frame. That was really his big play was that thats what the noise was. That should have been included and was not. Now with the evidence that was admitted and for the second time in two years a jury was about to decide tom foleys fate. Coming up he collapsed to the floor and wept for 20 minutes. Unbelievable. When dateline continues. N s stop dancing around the pain that keeps you up again, and again. Advil pm silences pain, and you sleep the whole night. Advil pm [baby crying] pampers is the first and only diaper with air dry channels they stay up to 3 times drier, so babies can sleep soundly. All night. Pampers. At walgreens, we understand the speed of life never slows down. Thats why were helping you get the care and attention you deserve even faster. Thats our promise. Now, you can skip the line with walgreens express, get in and out quickly with 24hour locations, or have your prescriptions delivered whenever you need us, were always just minutes away. Walgreens. In getting key nutrients peopfrom food alone. One a day, covers all of them. In just one serving. One a day, and done. I dont use some waxy cover up. I use herpecin l, it penetrates deep to treat. It soothes moisturizes and creates a spf 30 barrier to protect against flare ups caused by the sun. Herpecin l. It does more for a cold sore. I dont use some waxy cover up. I use herpecin l, it penetrates deep to treat. It soothes moisturizes and creates a spf 30 barrier to protect against flare ups caused by the sun. Herpecin l. It does more for a cold sore. As he did in the first trial, attorney tom shaffer prepared to address the jury for what he and his client, tom foley, hoped would be the last time. When your defense rested uhhuh. Were your comfortable . Yes. You thought you were going to win. Very much, yep. You thought that once before. Yes, i did. Apparently the theory in the prosecution if a marriage ever has a bump in the road, then that is a motive for murder. Is it reasonable . I suggest not. Tom foley, he serksz had nothing to do with dars death, but those mysterious cars did. Those cars should not have been there. And the prosecution has not given you any explanation why they were there because there is no other explanation other than that they had some connection with the death of dar foley. Ladies and gentlemen of the jury, i submit to you theres more than reasonable doubt. I respectfully ask you to find tom foley not guilty. Then came prosecutor tarry norriss turn and she started by attacking the credibility of those witnesses who say they saw the cars. If you were to believe that all of these vehicles were there, there was a party at the foley home that day with a bunch of white cars and a black suv. That makes no sense whatsoever. None. Tarry norris wanted this jury thinking only one thing motive . Its tom foley. Whose fingerprint was on the bag of shells in the basement, tom foley. Tom foley is guilty and im asking you to bring back that verdict. The outcome of toms second trial was far from certain. What worried you the most . Just that he was such a nice guy that you would have never guessed that he would have done Something Like that. He didnt seem like a murderer . Right. And then at the fabled 11th hour it was time, the jury filed in. Were they looking at you, the jurors . No, they werent. I took a couple deep breaths and i just your honor, we the jury find the defendant not guilty. The waiting had paid off. As to count two. Not guilty. The reaction of tom at the time of the verdict, absolutely incredible. He collapsed to the floor and wept for 20 minutes. Unbelievable. He got away with murder, but he almost didnt. We had it. We had him convicted. And to actually have to go back and talk with that family and try and give them some consoling, how do you that . Youre just angry. Youre angry at the jurors, the judge. Theres 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. And i couldnt imagine having to go back and live with the man that killed your mother. Yeah, get it. Tom regained custody of heath and said he treads very carefully when discussing that tragic day with his boy. From him i at least want to know why do you think i did this . I deserve that answer. All he could say is i dont know who else it could have been. Tom says he will never forget dar. I still think shes beside me. Going to continue to raise our son the way that we wanted him to be raised. You harbor any grudge because of this . All i can say is they made a mistake. Thats all im asking. Is that they search and search and search until they find dee dees killer. According to prosecutor norris at the time, there would be no point to that search. Youre not investigating anymore . Theres no one to investigate and theres been no new evidence of anybody else ever having committed this crime. This boyhood hero wrote a whole new set of headlines as an adult and coldwater may never be the same. As for those who remain convinced of toms guilt, they cling to the memory of the one they lost and loved so much. Ready . 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 rises closer to where shes at and hopefully she sees that were thinking about her. We love you, dar. Thats all for this edition of dateline. Im craig melvin. Thank you for watching. Im craig melvin. And im natalie moralis. And this is dateline. All of a sudden i realized, whats going on . Why are they late . Something definitely was wrong. He said, your family was in an accident. And my whole world just dropped out from underneath me. The scene told the story. What did you find . Something i dont want to see again. A deadly crash on a dark road. Two gone, one barely alive. A tragic accident. But look closer. In all of the broken glass and twisted metal, was there a clue to a crime