much the center of attention? no. telling you what to do. that controlling. dar was not a domesticated person either. the foleys were married in 1994, and right from the start, dar took the lead. fair to say she wore the pants in that house? i d say probably 75%, 80% of the time she did. she was the breadwinner? yes. you stayed home and took care of your son? i did. heath was tom and dar s only child and the center of their lives. and we just loved being together. 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 ll see you later. on that day, the foleys were preparing to celebrate heath s tenth birthday at a friend s house just down the road. dar still needed to shower, so tom, heath and a friend of heath s left without her. the plan was for da
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. they wanted me bad because what s easier for them, to go
i d say probably 75%, 80% of the time she did. she was the breadwinner? yes. you stayed home and took care of your son? i did. heath was tom and dar s only child and the center of their lives. and we just loved being together. 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 ll see you later. on that day, the foleys were preparing to celebrate heath s tenth birthday at a friend s house just down the road. dar still needed to shower, so tom, heath and a friend of heath s left without her. the plan was for dar to follow in her own car and meet them all at the party later that afternoon. but dar never arrived. that gave you some sort of sixth sense that something was wrong. yes. she was always on time or early
the testimony of the boys. 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 that he didn t say in the first interview. the same thing with skyler. heath s courtroom testimony left tom furious, not at his son but at his accusers, the people who had cared for heath while tom was incarcerated. that s somebody coaching him or encouraging him? i believe so. coached or not, tom foley s defense team knew from day one that they needed to prove the sound those boys heard was tom dropping a window frame on the back porch and not the fatal gun blast. four days after tom foley s arrest, schaeffer and cuberstein took a trip to the farm to try and do just that. couple of perry mason moments. don t come very often. this is the frame that we found. right where tom said he dropped the frame, they found this tiny shard of glass.
increasingly suspicious, especially, they said, after watching tom s behavior at dar s funeral. it was almost like he was relieved. there were a number of people that came up to me after t rvice that were really offended by his demeanor, his joyfulness. these are things that i ve heard. and it s ridiculous. i mean, taking care of heath was on my mind. wondering who killed my wife was on my mind. they don t know the things that i ve been through. maybe so, but detective carbon was keeping a very watchful eye on tom foley. he decided to interview the other foley who was at the farm the day dar was killed, tom and dar s son, heath. heath, like i told you, i m detective sergeant carbon. on that day, heath and his friend skyler watty were inside the house playing video games, waiting to be driven to heath s birthday celebration.