basement? a yellow bacg. inside was three shotgun shells. reporter: norris showed the foley s home phone records from around the time dar was killed. there were no phone calls that came in or left. reporter: your wife doesn t show up somewhere, why not call home and see, have you left? where are you? that s what i would do. reporter: according to detective carbon, 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 2006, tom had a wandering eye.
knew that he knew his father killed his mother. and i couldn t imagine having to go back and live with a man that killed your mother. get it. tom regained custody of heath and said he treads very carefully when discussing that tragic day with his boy. from him i want to know why do you think i did this? i deserve that answer. all he could say is, i don t know who else it could have been. tom says he will never forget dar. i still think she s debide mm beside me. i m going to continue to raise our son the way we wanted him to be raised. do you harbor any grudge because of this? i m saying they made a mistake. all i m asking is they search and search and search until they
home when dar didn t show up at the birthday celebration. something just wasn t right. that s why i went home. if we had cell phones, i would have called her. i had to find her. i had to see where she was at. reporter: 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. we were go ahead. we were together all the time. reporter: tom admitted to the jury he did once flirt with carrie. 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.
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. 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. one after another. 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. 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.
really loved spending time with one another. reporter: tom was the laid back easy going time. dar an elementary schoolteacher was more type a. she didn t hide what she was thinking. she had opinions. she would let those be known. it s one of the reasons i loved her. i still love her today. reporter: still, when dar s sisters 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: you couldn t do it? no. reporter: you couldn t be around somebody who was that much of center of attention? telling what you to do. reporter: that controlling? dar was not a doe mresdomest person. reporter: right from the start, she took the lead. fair to say she wore the pants in the house?