said right before leaving for the party tom sent the two boys outside to go start up the truck. he said that he ll be out there in a little bit. okay. i don t know what he was doing in there, taking a shower or what. like heath, skyler couldn t recall anything unusual about that day either. and then suddenly yeah. when we were outside during across the barn there was like a big crash, like way in the back of the house. like what did it sound like? it sounded like breaking glass and a bunch of things falling. like a vase just it was a loud sound. yeah. detective carbon showed skyler a drawing of the foley farm and ask skyler to place an x where he believes the sound originated. like somewhere around here? skyler placed the x just outside the first floor bathroom, the same room where dar foley had been shot. it appeared to us that skyler watty may have heard the shotgun
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 with 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. 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. okay. the detective also interviewed skyler watty who
tom s arrest was almost as stunning as the news of dar s death. could you conceive of tom either hating his wife so much that he wanted to kill her absolutely not. or killing her for the insurance money? absolutely not. that would be stupid. she made the money. why kill the golden goose? do you think they had a good marriage? i do. everything seemed to be going really good for them. it seemed sadistic, shooting your wife at point-blank range, killing the mother of your son on the very day he was celebrating his tenth birthday. he never would have done that to his son. police continued gathering evidence. ten days after tom s arrest, police brought heath foley in for a second interview. and this time heath did recall hearing a noise that day. skyler talks about hearing this unusual sound. do you remember anything like that?
focused on the damaging testimony from skyler watty and tom s own son heath. what did you think was the strongest part of your case? the boys. 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
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