this is dateline. the first time i saw her, i thought she was beautiful. we just loved being together, we were always together. our kitchen back door was opened and the glass was broken. i need an ambulance now. my wife, oh my god. it was him who found her. i said i don t know how to handle that. i wish i could ve been there to protect her. a wife murdered, and later, a husband under suspicion. he was such a nice guy that you would ve never guess that he would ve done something like that. you think he faked that burglary and killed his wife? yes. he wanted the house, he wanted her money, and if he divorced her, he would lose everything. in court, a stunning verdict. this could not be happening, i did not kill my wife. but more stunning still was what came after, a mysterious witness with a secret. this is a woman who essentially says i saw the murderer. and it wasn t tom folly. would her story be the ultimate twist? hello and welcome to dateline.
in that he couldn t me man. it ate at him and he couldn t take it anymore. people get divorced for that reason all the time. he didn t divorce her because he s a selfish coward. he wanted the house, he wanted heath, he wanted her money and if he divorced or he would lose 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 schaffer and defense investigator ken coberstein. in their mind is always the boyfriend or the husband. or the person who tried to find the body? and in this case it was the husband. they wanted me bad. because what is easier for them, to go after someone that they can physically see or go after someone that they cannot physically see? what is wrong with the idea that the money was a motive? absolutely not. we had a mortgage. to move on after all this, it
news reporter: the defense began presenting just like that its case in hopes of convincing the jury that foley is innocent josh mankiewicz: midway through tom foley s trial, the talk around coldwater focused on the damaging testimony of skylar its case of in hopes of convincing the jury foley is innocent. what middle way through tom foley s trial, the top at coldwaters focus on tom s own son heath. heath was the strongest part of your case. the boys, the testimony of the voice. they heard the gunshot. but the defense was about to argue that over time both boys testimony had changed, and in significant ways. heath is now stating that it sounds like a gunshot. it s something he didn t say in the first interview. the same thing with skylar. heath s courtroom testimony
the day dar was killed. their son, heath. on that day, heath and his friend skyler were inside the house playing video games, waiting to be driven to heath s birthday celebration. did you see anything different or out of the ordinary or anybody walking around? anybody come up to the door? anything that you could think of? not really. the detective also interviewed skyler, who said right before leaving for the party, tom sent the two boys outside to go start up the truck. he said that he will be out there in a little bit. i don t know what he was doing. taking a shower or what s. like heath, skyler couldn t recall anything unusual about that day either, and then, suddenly, when we were outside running across the barns, there was a big crash way in the back of
we were always together. and so the three foleys lived on the outskirts of coldwater in an old farmhouse they called the heath bar farm, a picture perfect family until that winter day back in 2009. what was the last thing you said to her? i said i love you. and i will see you later. on that day the foleys were preparing to celebrate keith s tenth birthday out of friends house just down the road. dar needed to shower so tom, heath and a friend of heath s left without her. the plan was for david to follow in her own car and meet them all at the party later that afternoon. but dar never arrived. that gave you some kind of sixth sense the something s wrong? yes. she was always on time or early to events. 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