reporter: what was he doing during all that time? the state argued he was staging the scene. detectives saw what they thought were wipe marks on the stairs. to them, it was an attempt at a clean up. and there were those two wine glasses on the kitchen counter suggesting an evening of maybe too much drink, followed by a tumble down the stairs. thing was, kathleen s fingerprints weren t on either glass. in fact, the prosecution said, kathleen s blood-alcohol content was low enough that she could have passed a roadside breathalyzer test. she wasn t drunk. she wasn t intoxicated. um, she did have a little in her system. but not enough, arguably, to have caused her to not be able to walk up stairs. reporter: was the writer of fiction, making up yet another story, covering up murder as an accident? but, if kathleen was bludgeoned to death as prosecutors thought, problem. investigators hadn t found the murder weapon.
investigators hadn t found the weapon, so they went hunting for motive. here again, is josh mankiewicz. from the mouths of babes. or in this case one articulate 10-year-old boy, came what seemed like a case-breaking revelation. it was like a loud, loud sound. detective carbon believed 10-year-old 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 wasn t 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 that happened.
investigators hadn t found the weapon so they went hunting for a motive. here again is josh. from the mouths of one articulate 10-year-old boy came what seemed like a case-breaking revelation. it was like a loud, loud. detective carbon believed 10-year-old skyler watty was an ear witness 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. that was very, very important. 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
wife. investigators hadn t found the weapon. so they went hunting for motive. reporter: from the mouths of babes or in this case one articulate 10-year-old boy came what seemed like a case breaking revelation. there was a loud, loud reporter: detective carbon believed 10-year-old skylar was an ear witness 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. reporter: 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. reporter: money in the form of an insurance policy. i think that he wanted out of