there was no glass that we could see when we looked at the scene on that particular night as well as the next day. for dar s sisters, the writing was by now on the wall. 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.
i was walking through the chow hall in prison, and somebody said, hey, tom, i saw you on the news. i said, really? what for? they gave you a new trial. i said, what? news of a new trial didn t change the minds of dar s family. they remained convinced not only did tom kill dar, he did so on the day of his son s tenth birthday celebration. you think tom s cold-blooded enough to do something like that to his kid? yes. yes. i think there s evil in him. prosecutor terri norris agreed. who killed dar foley? tom foley. there is nobody else. a year and a half after tom foley s conviction, both sides filed back into the courthouse to once again determine tom s fate. circuit court is again in session. as before, the state opened its case with the crime scene analysts. what is it that you found in the basement? on the yellow dunham s bag
you don t have a sexual relationship with somebody within two weeks after your wife s been murdered in that house. but the jury never heard marianne crandall s testimony because there was no indication of a romantic relationship prior to dar s murder, the judge ruled, just as he did in first trial, that her testimony was prejudicial and, therefore, inadmissible. it was a huge blow to the prosecution s case. it supports the position that they weren t this deeply in love couple that he kept trying to present. i mean, that would have proven that. but norris still had her two key witnesses, tom s own son heath and heath s friend skyler watty, both two years older and now more certain than ever about what they saw and heard the day dar was killed. last year at church camp i went for one of our activities. we fired shotguns, and it most resembled that sound. then it was time for heath to take the stand.
the last time tom had seen his boy was at a hearing, also in court, almost a year earlier. while you re in the barn, do you hear something? yes. i thought it was maybe skyler kind of ran into a wall, either that or a gunshot. you think the boys actually were, if not eyewitnesses then earwitnesses to murder. earwitnesses to what happened. tom schafer knew if he had any hope of getting tom foley acquitted, he d need to prove the sound those boys heard was anything other than a gunshot. just two weeks before trial began, while inspecting crime scene photos, schafer found what may be the key to his client s freedom. and i says, ken, is that what i think it is? it was one of these, holy crap! it was to us just a perry mason moment.
they had some connection with the death of dar foley. ladies and gentlemen of the jury, i submit to you there s more than reasonable doubt. i respectfully ask you to find tom foley not guilty. then came prosecutor terri norris turn, and she started by attacking the credibility of those witnesses who say they saw the cars. if you were to believe that all of these vehicles were there, there was a party at the foley home that day with a bunch of white cars and a black suv. that makes no sense whatsoever. none. terri norris wanted this jury thinking only one thing. who had the motive? it s tom foley. whose fingerprint was on the bag of shells in the basement? tom foley s. tom foley is guilty, and i m asking you to bring back that verdict. the outcome of tom s second trial was far from certain. what worried you the most? just that he was such a nice