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Detailed text transcripts for TV channel - MSNBC - 20171105:07:55:00

reporter: as he did in the first trial, attorney tom schaeffer prepared to address the jury for what he and his client, tom foley, hoped would be the last time. when your defense rested, were you comfortable? yes. you thought you were going to win? very much. yep. you thought that once before? yes, i did. apparently, the theory of the prosecution is if a marriage ever has a bump in the road than that is a motive for murder. is it reasonable? i suggest not. reporter: tom foley, he says, had nothing to do with dar s death but those mysterious cars did. those cars should not have been there. and the prosecution has not given you any explanation why they were there because there is no other explanation other than that they had some connection with the death of dar foley. tom schaeffer. ladies and gentleman of the ....

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Detailed text transcripts for TV channel - MSNBC - 20171105:07:39:00

last year at church camp for one of our activities, we fired shotguns. it most resembled that sound. reporter: 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 skylar kinda ran into a wall. either that or a gun shot. you think the boys actually were, if not eye witnesses, then ear witnesses. ear witnesses to what happened. to a murder? yes. reporter: tom schaeffer knew that 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, schaeffer found what might have been the key to his client s freedom. and i says, ken, is that ....

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Detailed text transcripts for TV channel - MSNBC - 20171105:07:48:00

reporter: tom schaeffer then asked why tom failed to call his home when dar didn t show up at the birthday celebration? something just wasn t right. so that s why i went home. if we had cell phones, i would have called her on the cell phone. i had to find her. i had to go and see where she was at. reporter: then it was time for tom to describe his relationship with dar. it didn t take tom long to lose his composure. we were very close. we were together all the time reporter: tom admitted to the jury he did once flirt with carey zuck. but he says that happened three years pior to the murder during a brief time when he and dar were arguing more than they were communicating. that put quite a bit of distance between us. and it also led to intimacy ....

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Detailed text transcripts for TV channel - MSNBC - 20171105:07:33:00

reporter: twenty-four years after the one-time hometown hero named tom foley made coldwater history. the now convicted murderer of the same name, sat behind bars awaiting his sentence. you ready to spend the rest of your life in prison? no, absolutely not. reporter: to tom foley s attorney, tom schaeffer, and his private eye, ken koberstein, the guilty verdict landed like a crushing blow. this was a grass-root whodunit. and we thought we had shown that it wasn t this person who had done it. i was devastated. when this ended i coulda walked into a wall. reporter: but just one day after tom foley s conviction, a woman stepped forward. she had new information that suddenly gave new life to tom s defense. she came forward and said, i saw this white car storming out of the driveway and it almost hit me. it looked like somebody was either high or running away from ....

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Detailed text transcripts for TV channel - MSNBC - 20171016:01:55:00

Attorney tom schaeffer prepared to address the jury for what he and his client tom foley hoped would be the last time. when your defense rested, were you comfortable? yes. you thought you were going to win? very much. you thought that once before. yes, dy. apparently the theory of the prosecution is if a marriage ever has a bump in the road that s a motive for murder. sit reasonable, i suggest not. tom foley he said had nothing to do with dar s death but those mysterious cars did. those cars should not have been there and the prosecution has not given you any explanation why they were there. because there is no other explanation, other than they had some connection with the death of dar foley. ladies and gentlemen of the jury, i submit to you there is more than reasonable doubt. ....

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