murderer of the same name sat behind bars awaiting his sentence. you were ready to spend the rest of your life in prison? absolutely not. reporter: tom foley s attorney and his private eye, the guilty verdict landed like a crushing blow. this was a grass root who done it. we thought we had shown it wasn t this person who had done it. i was devastated. when this ended, i could have walked into a wall. reporter: 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. almost hit me. it looked like somebody was either high or running away from something. reporter: the woman was certain the driver was coming out of the heath bar farm right around the time dar was murdered. she was equally certain the
i would say probably 75%, 80% of the time she did. reporter: she was the breadwinner? yes. reporter: you stayed home and took care of your son? i did. reporter: heath was their only child and the center of their lives. we loved being together. we were always together. reporter: so the three foleys lived on the outskirts of cold water, 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 will see you later. reporter: on that day the foleys were preparing to celebrate heath s 10th birthday at a friend s house down the road. dar needed to shower. so tom, heath and a friend left without her. the plan was for dar to follow in her own car and meet them at the party later that afternoon. but dar never arrived. that gave you some sort of sixth
afraid. reporter: when she learned about tom foley s guilty verdict, she said she could no longer keep her silence. god forgive me. i truly mean that in my heart. that i didn t come forward sooner. if i hadn t have been so scared. reporter: what followed was a succession of other witnesses. each claiming they, too, saw mysterious cars on or leaving the farm right around the time of the murder. i caught the glance of a ford black ford suv vehicle. it could have been white car, cream car. it was a light colored car. who killed dar foley was either in one of those cars or all three of them participated in this murder in some fashion. reporter: but tom foley knew if he had any hope of acquittal, the jury would need to hear from one more witness. i call tom foley to the
driver looked nothing like tom foley. there s the killer. right there. she saw him. person leaving our property. reporter: and then like a dam breaking, two other witnesses came forward. each having seen a mysterious car of their own. either parked on the foley property or speeding away from it. all the sightings were within two hours of dar s murder. one at another. what is going on? where were these people before? reporter: the judge who was about to sentence tom foley to life wanted to hear what the witnesses had to say. after a year of appeals that went to the state supreme court, tom foley was granted something most people convicted of murder never receive, a second chance. i was walking through the chow hall in prison. somebody said, tom, i saw you on the news. i said, what for?