wouldn t know the first thing about it. tom schafer then asked why tom failed to call his home when dar didn t show up at the birthday celebration. something just wasn t right so that s 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 see where she was at. then it was time for tom to describe his relationship with dar. it didn t take tom long to lose his composure. we were very close. and we were go ahead. we were together all the time. tom admitted to the jury he did once flirt with carrie zuk, 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
. as he did in the first trial, attorney tom schafer 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, yeah. you thought that once before. yes, i did. apparently the theory the prosecution is that 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 says had nothing to do with dar s 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
court, almost a year earlier. while you re 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 to murder. earwitnesses to what happened. you may step down. tom schafer knew if he had any hope of getting tom foley acquitted, he d 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, schafer found what may be the key to his client s freedom. has a tiny piece of evidence given tom s defense team a glimmer of hope? coming up ken, is that what i think it is? it was one of these, holy crap! it was to us just a perry mason moment. when dateline continues.
for dar s sisters, the writing was by now on the wall. they were certain of their brother-in-law s guilt. we went over every case we could come up with to not make it tom. i think tom resented dar and that he couldn t be a man. i think it kind of ate at him, and he couldn t take it anymore. people get divorced for that reason. he didn t divorce her because he s 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 foley s 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 schafer and defense investigator ken kobersteen. in their mind, it s always the boyfriend or the husband. or the person who finds the body. which in this case was the husband and tom.
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 you re 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 to murder. earwitnesses to what happened. tom schafer knew if he had any hope of getting tom foley acquitted, he d 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, schafer found what may be the key to his client s 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.