2006, tom had a wandering eye. reporter: carey zuck taught at the same elementary school as dar, who was known at the school as dee dee. that s how carey met tom. he told me 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 didn t want anything to do with it. reporter: the prosecution wasn t done. this woman took the stand. 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 dar s murder, marion stopped by the farm and offered tom support. i don t mean to embarrass you
me or 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. there s 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 dar s murder. i mean it was just like one after another. and i m 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.
looked 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 love spending time with one another. reporter: tom was the laid back, easy going type. dar, an elementary school teacher, was more type a. and she didn t hide what she was thinking. she had opinions and she let those be known. that s one of the reasons i loved her. i still love her today. reporter: still, when dar s sisters, ladonna, lynn, and marla, learned that dar and tom intended to marry, they were left scratching their heads. my famous saying was there s got to be something wrong with tom for him to stay with dar. reporter: cause you couldn t do it? no. reporter: you couldn t be around someone who was, what, that much the center of attention? and telling you what to do. reporter: and that controlling?
i was more concerned about heath at that point. because i knew his father killed his mother. and i couldn t imagine having to go back and live with the man that killed your mother. reporter: tom has regained custody of heath. 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 was, i don t know who else it could have been. reporter: tom says he will never forget dar. i still think she s beside me. i m 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. and that s all i am asking is that they search and search and search until they find dee dee s killer.
what is it that you found in the basement? i found a yellow dunham s bag located inside the dunham s bag were three shotgun shells. reporter: norris also showed the jury the foley s home phone records from around the time dar was killed. uh, there were no calls that either came in or left. your wife doesn t show up somewhere, why not call home and say, you know, have you left yet? where are you? we re waiting for you. that s what i d do. reporter: according to detective karbon, tom didn t bother calling dar at home because he knew dar was already dead. then, members of dar s family stepped forward to testify that tom and dar s 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