Wanted her money, and if he got a divorce, hed lose everything. Reporter did he do it . hang on. This case had a twist that no one saw coming. This woman essentially says, i saw the murderer, and it wasnt tom foley. Theres the killer right there. I did not kill my wife. Im lester holt, and this is dateline. Heres Josh Mankiewicz with mystery at heath bar farm. 911 i need i need an ambulance. Now. Reporter february 2009, coldwater, michigan. Whats the problem . My wife your wife . Yes reporter in one day, one moment is she breathing . No shes gone shes gone reporter the innocent, simple life tom foley and his family once lived was gone forever. Oh, my god. Oh, my gosh. 27 seconds, gets it off to foley. Reporter it was a moment tom foley never would have imagined 23 years earlier. Back then, number 30 going to be 15 seconds left exactly. Reporter scored the winning basket giving Coldwater High School the regional title and earning young tom a place in coldwaters Basketball Hall of fame. I have goose bumps right now just talking about it. It was like victory was snatched from the jaws of defeat, and he came through with it. Reporter 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, you remember when you hit that shot . I said, of course, i remember. Reporter 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 she was playing softball, of course, and she had on these lime green rec specs, so she looked a little funny. But when she took them off, i thought she was beautiful. Reporter 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. Reporter tom was the laid back, easygoing type. Dar, an Elementary School teacher, was more type a, and she didnt hide what she was thinking. She had opinions, and she let those be known. Thats one of the reasons i loved her. I still love her today. Reporter still, when dars sisters, ladonna, lynn, and marla, 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. Reporter cause you couldnt do it . No. Reporter you couldnt be around somebody who was, what, that much the center of attention . And telling you what to do. Reporter and that controlling . Dar was not a domesticated person either. Reporter 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 . Id a probably 75 , 80 of the time she d. She was the breadwinner . Yes. You stayed home and took care of your son . I did. Reporter heath was tom and dars only child and the center of their lives. And we just loved being together. We were always together. Reporter and so the three foleys lived on the outskirts of coldwater in 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. Reporter 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, so tom, heath, and a friend of heaths left without her. The plan was for dar to follow in her own car and meet them 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. Reporter 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. Reporter she had been shot in the head with a shotgun at pointblank range. Tom immediately called for help. Whats the problem . My wife is in the shower. Shes just laying there in the blood. Reporter First Responders rushed to the foley farm. When Michigan StatePolice Detective james karbon 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. Reporter detective karbon 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. It appeared that a beer bottle was used to break that particular window. Reporter according to tom, jewelry and credit cards were missing. The family desk had also been disturbed and financial documents inside were gone. En t cabinet. It looked like somebody had gone in and basically scooped a shelf off of the medicine cabinet and its contents. Reporter like maybe they were looking for prescription drugs . Potentially. Reporter but to detective karbon, the items missing werent nearly as telling as what was left behind. Expensive electronics were untouched as was dars purse found sitting on a hallway chair. It just didnt make a lot of sense. Reporter neither did the use of a shotgun. Its large, potentially bulky. If youre going to break into something, you have to carry whatever you steal out with this shotgun that you brought also. Reporter it wasnt until the next day that police found their first significant piece of evidence, evidence that led the investigation in a whole new direction. Down in the foleys dusty basement was a suspiciously dustfree yellow plastic bag. What was in the bag . Three shotgun shells. When we come back police have some questions for the grieving husband. We found a dunhams bag. Okay. That had some shotgun shells in it. Okay. You ever seen that before . No. And so does his wifes family. There were a number of people who were offended by his demeanor. [touch tone] introducing freeze it, from discover. It allows you to prevent new purchases on your account in seconds if your card is misplaced. Not here. And once you find your card, you can switch it right on again. Hey. Youre back [touch tone] freeze it, only from discover. Get it at discover. Com. Restorstrengthairs and flexibility. New improved nexxus with concentrated elastin protein and precious ingredients. 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And she had a lot more to give. And we cant bring her back. Your wifes been killed, and youve got a 10yearold son. What did you tell him . I told him that someone had hurt mommy, and he goes, is she in heaven . And i said, yes. Reporter 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 shouldve been there for her. And then i said, if you wouldve been, the three of you would be dead now instead of just dar. Reporter but just 24 hours into the investigation, detective jim karbon had almost abandoned the theory that this was a random act of violence. It appeared to me that this was a staged breaking and entering to try to hide a homicide that took place. Reporter but according to detective karbon, whoever staged the burglary didnt factor in the weather that day. It got really warm. We had a huge snowmelt off. Reporter the ground around the farmhouse was unusually wet and muddy. So youd expect that there would be muddy footprints from inside the residence from somebody who had come through that door . Absolutely. And was there anything or any footprints . There was nothing. Reporter but it was the yellow bag found in the basement, the bag containing shotgun shells, that interested karbon the most. Downstairs in the basement. Okay. We found a dunhams bag. Okay. That had some shotgun shells in it. Okay. Have you ever seen that before . No. Reporter now, the foleys didnt own a shotgun, as far as we know . Thats correct. Reporter karbon 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. Reporter suddenly detective karbon felt he needed to learn and 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. Reporter neither did dars sister lynn, in whom dar once confided. She said, tom doesnt love me anymore. Hes leaving me. Hes going through his change of life. You know his midlife crisis . Yes. Reporter 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 are 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. Reporter maybe so, but detective karbon 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. Heath, like i told you, im detective sergeant karbon. Reporter he said that heath and his friend skylar wattie 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 you can think of . Not really. Okay. Reporter the detective also interviewed skylar wattie, 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. So, i dont know what he was doing in there, taking a shower or what. Reporter like heath, skylar couldnt recall anything unusual about that day either, and then suddenly yeah, when we were outside running across the barns, there was like a big crash like way in the back of the house. Like what did it sound like . Like breaking glass and a bunch of things falling like maybe a vase just it was a loud sound . Yeah. Reporter detective karbon showed skylar a drawing of the foley farm and asked skylar to place an x where he believed the sound originated. Like somewhere around in here. Okay. Reporter skylar placed the x just outside the first floor bathroom, the same room where dar foley had been shot. It appeared to us that skylar wattie may have heard the shotgun blast that killed dar foley. Reporter detective karbon 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. And if he divorced her, he lost everything. Was that a motive . And was tom foley the killer . 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Reporter but if tom foley was in that house and pulled the trigger, the question remained, why . The answer, said karbon, is quite simple. Murder for money . Potentially yes. Reporter 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. Reporter the evidence against tom foley was circumstantial but compelling. You think he faked that burglary . Yes. And killed his wife . Yes. Reporter they never found the murder weapon. What do you think happened to the gun . I wish i knew. Reporter 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 just, what, how, why . And i was like, this cannot be happening. Why do you think i did this . I did not kill my wife. Reporter 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 . Absolutely not. That would be stupid. She made good money. Why kill the golden goose . You think they had a good marriage . Yeah, i do. Everything seemed to be going real good for them. Reporter it seemed sadistic, shooting your wife at pointblank range, killing the mother of your son on the very day he was celebrating his tenth birthday. He never would have done that to his son. Reporter police continued gathering evidence. Ten days after toms arrest, Police Brought heath foley in for a second interview, and this time heath did recall hearing a noise that day. When skylar talks about hearing this unusual sound, do you remember any of that. It was like maybe a gunshot maybe or maybe some like glass broke, i dont know. It was one of those two things maybe. Reporter according to tom, the sound heath heard was nothing more than glass breaking. They 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. And it made a loud noise . Yeah, it did. Yup. Reporter but detective karbon wasnt buying toms explanation. The boys were playing over by this barn . Yes. And how far is that to the house . Its 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. Reporter 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 onhat particular night, as well as the next day. Reporter 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. Reporter 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 Schaeffer and defense investigator ken koberstein. In their mind its always the boyfriend or the husband. Or the person who finds the body. Which in this case . Was the husband and tom. They wanted me bad. Because they whats easier for them to go after someone that they can actually physic physically see or someone they cannot actually physical si see. Whats wrong with the idea that money was the motive . Absolutely not. I mean, we had a mortgage. To move on after all this was gonna take a hell of a lot more than that. Reporter after two weeks of testimony, the jury had its verdict. I felt the evidence was going to prove that theres absolutely no way i had anything to do with this. Reporter 12 jurors didnt share 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 do they know that i dont know . How could they convict a man on what they had . I knew what a conviction was meant for me. Life without the possibility of parole. My sister is still dead. It still didnt bring her back. But you had a little bit of faith in the justice system. Reporter in the hours following the verdict, it seemed everyone in coldwater was relying on faith. I said to myself, god isnt gonna let me go to prison for the rest of my life. Something had to turn around. Reporter 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. 3 f2 que vi al asesino y no fue con she saw him a bombshell from out of the blue was there hope for a newly convicted husband . I thought actr big digestive issues. Until i realized our body handles a lot. 1,100 meals a year. 730 rushed snacks. Add 300 stressful decisions. No wonder our digestive system sometimes acts up. So try the activia challenge enjoying activia twice a day for 4 weeks may help reduce the frequency of bloating, gas, discomfort or rumbling. It works or its free and thats how theyre made. No klondike ice cream meets candy bar. The best ice cream bar ever conceived. Buy one, take one is back tonight enjoy breadsticks, salad, and your choice of irresistible entrees like smoked mozzarella chicken. Then take home another entree for tomorrow free. Its two delicious nights of togetherness. Buy one, take one starting at 12. 99 at olive garden. Lifes the food that brings us together. And kitchens where every meal is the most important of the day. Lifes the food that brings us together. And kitchens where every meal is the most important of the day. Jumper, 18. 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. Reporter to tom foleys attorney, Tom Schaeffer, and his private eye, ken koberstein, the guilty verdict landed like a crushing blow. This was a grassroot whodunit, and we thought we had shown that it wasnt this person who had done it. I was devastated. When this ended, i could have walked into a wall. Reporter 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. It looked like somebody was either high or running away from something. Reporter 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, the person leaving our property. Reporter 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. I mean, it was just like one after another, and im saying, what is going on . Where were these people before . Reporter 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. I said, really, what for . Well, they gave you a new trial. I said, what . Reporter 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 tenth Birthday Celebration. You think toms cold blooded enough to do Something Like that to his kid . Yes. I think theres evil in him. Reporter prosecutor terri norris agreed. Who killed dar foley . Tom foley. There is nobody else. Reporter 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. Reporter as before, the state opened its case with crime scene analysts. What is it that you found in the basement . I found a yellow dunhams bag and located inside the dunhams bag were three shotgun shells. These are phone records. Reporter norris also showed the jury the foleys home phone records from around the time dar was killed. There were no calls that either came in or left. Your wife doesnt show up somewhere, why not call home and say, you know, have you left yet . Where are you . Were waiting for you. Thats what id do. Reporter according to detective karbon, 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. Reporter 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. Carolyn zuck. Reporter carey zuck taught at the same Elementary School as dar, who was known at school as dee dee. Thats how carey met tom. He told me that he was thinking about leaving dee dee. Reporter according to carey, 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. Reporter the prosecution wasnt done. This woman took the stand. Please state your full name for the record and spell your last name. Marion victor kia crandall. Reporter out of the presence of the jury, Marion Crandall told the court that, like carey zuck, she met tom through dar, and 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 in his living room . He tried to, and it was stopped. All right. 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. Reporter but the jury never heard Marion Crandalls 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. That would have proven that. Reporter but norris still had her two key witnesses, toms own son heath and heaths friend sklyar wattie. 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 for one of our activities, we fired shotguns, and it most resembled that sound. Reporter 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 skylar kinda ran into a wall. Either that or a gunshot. You think the boys actually were, if not eye witnesses, then ear witnesses. Ear witnesses to what happened. To a murder . Yes. Reporter Tom Schaeffer knew that if he had any hope of getting tom foley acquitted, hed 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, schaeffer found what may be the key to his clients freedom. And i says, ken, is that what i think it is . It was one of these, holy crap it was, to us, just a perry mason moment. Coming up we were together all the time. Reporter tom foley on the stand with his own fate on the line. I wanted to convince the police. I wanted to advice my wifes family. Could he . When dateline continues. 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Iand sometimes, an even longer night. Helping with homework before doing your own. And you may think no one notices. But she does. She sees more than mom, she sees determination. We do too. For nearly 40 years, weve designed an education for people just like you. Learn more at phoenix. Edu. Heath is now stating that it sounds like a gunshot. Its something that he didnt say in the first interview, the same thing with skylar. Reporter heaths courtroom testimony left tom furious, not at his son but at his accusers, the people who had 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 they needed to prove the sound those boys heard was tom dropping a window pane on the back steps, and not the fatal gun blast. Four days after tom foleys arrest schaeffer and koberstein took a trip to the farm to try and do just that. A couple of perry mason moments dont come very often. This is the frame that we found. Reporter 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. If you take the shard and set it in one of the few remaining intact puttied areas of the frame, you can see it fits perfectly. Reporter it was compelling evidence that tom may have been telling the truth, but schaeffer would need more than just a shard of evidence. He next called this woman, jeanette moor, the woman who came forward immediately following toms guilty verdict and the reason he was ultimately granted a new trial. Moor 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 have braked, i would have hit him. Reporter jeanette moor 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 clutchin the wheel just like this. And i thought, hes crazy. Hes gonna kill somebody why didnt you call the police . I didnt because i was afraid. Reporter but when jeanette moor 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 have been so darned scared. Reporter 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. Whoever killed dar foley was either in one of those cars or all of three of them participated in this murder in some fashion. Reporter 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. Reporter 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 fingerprints 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. Reporter tom said hes never owned or used a shotgun. Never. Wouldnt know how to operate it. Wouldnt know the first thing about it. Reporter Tom Schaeffer 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. Reporter 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 go ahead. We were together all the time. Reporter tom admitted to the jury he did once flirt with carey zuck, but he says 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. Reporter tom says he eventually told dar about his feelings for carey. He also says he went to counseling to work on their communication problems. After those sessions, did things get better . Absolutely. Reporter but then why was it so easy for tom to become intimate with Marion Crandall so soon after dars death . This is like 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 could 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. Reporter before closing arguments, the prosecutor had one more card to play. In the form of a surprise rebuttal witness who could unravel toms alibi. In the form rebuttal witness who could unravel toms alibi. Please state your full name for the record. Amber rapelje. Reporter out of the presence of the jury, dars niece told the court that one week before dar was murdered, she went to the farm to babysit heath. She told us not to go out in the back porch without shoes because tom had dropped a frame and there might be still some glass out there. 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Reporter tom foley, he says, 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 gentleman of the jury, i submit to you theres more than reasonable doubt. I respectfully ask you to find tom foley not guilty. Reporter then came prosecutor terri norris turn, and she started by attacking the credibiity 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 with a bunch of white cars and a black suv. That makes no sense whatsoever, none. Reporter terri norris wanted this jury thinking only one thing. Who had the motive . Its tom foley. Whose fingerprints were on the bag of shells in the basement . Tom foley. Tom foley is guilty and im asking you to bring back that verdict. Reporter 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 wouldve done Something Like this. He didnt seem like a murderer. Right. Reporter and then at the fabled eleventh hour, it was time. The jury filed in. Were they looking at you . The jurors . No, they werent. I took a couple of deep breaths. And i just your honor, we the jury find the defendant not guilty. The waiting had it 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 twenty 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 give them some consoling, how do you do that . Youre just angry, and youre angry at the jurors, the judge, and 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. Reporter tom has regained custody of heath. And 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. And all he could say is, i dont know who else it could have been. Reporter tom says he will never forget dar. I still think shes beside me. Im going to continue to raise our son the way that we wanted him to be raised. Do you harbor any grudge because of this . All i can say is they made a mistake, and thats all i am asking is that they search and search and search until they find dee dees killer. Reporter according to prosecutor norris, 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. Reporter 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. Are you ready . Reporter they gathered to release balloons in dars honor. She loved to be the center of attention. So, this is her center of attention. Two, one. They rise closer to where she is at, and hopefully she sees that were thinking about her. We love you, dar. Thats all for now. Thats all for now. Im lester holt. Lifes the food that brings us together. And kitchens where every meal is the most important of the day. Lifes the food that brings us together. And kitchens where every meal is the most important of the day. Now at 11 cloox, tonight, were getting the full story behind this arrest after a wild car jacking and police chase. The suspect now charged in the second incident. Just minutes after getting out of jail. Im Jackie Bensen in northeast washington. 12 hours aft