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.
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!
who tried and who stopped? he tried, and we both stopped. 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
in a close knit town. within hours, police were on the scene, there would be an arrest, a trial, and a conviction. in this story, a bombshell came in after the verdict. 911. i need an ambulance now. february 2009, cold water, michigan. is she breathing? no! she s gone! she s gone! the innocent simple life tom foley and his family once lived was gone forever. oh, my god! no! oh, my god! 27 seconds. gives it off to foley. reporter: it was a moment tom foley never would have imagined 23 years earlier. back then, number 30 going to be 15 seconds left exactly.
found. right where tom said he dropped the frame, they found this tiny shard of glass. immediately they tried to match the shard with the frame tom said he dropped. if you take the shard and set it in one of the few remaining, intact areas of the frame, you can see it fits perfectly. it was compelling evidence that tom may have been telling the truth, but schaeffer would need more than a shard of evidence. he next called this woman, janette moore, the woman who came forward immediately following tom s guilty verdict and the reason he was ultimately granted a new trial. i do. moore said she was driving past the foley house right around the time dar had been murdered. as i approached, this white car come racing out forward, and