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this is dateline. the first time i saw her, i thought she was beautiful. we just loved being together, we were always together. our kitchen back door was opened and the glass was broken. i need an ambulance now. my wife, oh my god. it was him who found her. i said i don t know how to handle that. i wish i could ve been there to protect her. a wife murdered, and later, a husband under suspicion. he was such a nice guy that you would ve never guess that he would ve done something like that. you think he faked that burglary and killed his wife? yes. he wanted the house, he wanted her money, and if he divorced her, he would lose everything. in court, a stunning verdict. this could not be happening, i did not kill my wife. but more stunning still was what came after, a mysterious witness with a secret. this is a woman who essentially says i saw the murderer. and it wasn t tom folly. would her story be the ultimate twist? hello and welcome to dat ....
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 arrest, schaeffer and koberstein took a trip to the farm to do just that. a couple of perry mason moments, don t come very often. this is the frame we found. right where tom said he dropped the frame, they found this tiny shard of glass. immediately they try to match the shard with the frame. tom said he dropped. if you take the shard and ....
Now, back to dateline. now, back to dateline. ibly set him free. welcome back to dateline, i m craig melvin. after the jury delivered a guilty verdict, tom foley faced life behind bars. then in a stunning turn just 24 hours later, a witness emerged to possibly set him free. once again, josh mankiewicz. only baseline jumper. he hits it with five seconds. 24 years after the hometown hero named tom foley made coldwater history, the now convicted murderer of the same name sat behind bars awaiting his sentence. are you ready to spend the rest of your life in prison? no, absolutely not. to tom foley s attorney tom schaeffer and his private eye, ken koberstein, the guilty verdict landed like a crushing blow. ....
there was no glass that we could see when we looked at the scene on that particular night, as well as the next day. reporter: 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 to come up with to not make it tom. i think tom resented dar in 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. reporter: 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 rushed to judgment. defense attorney tom schaeffer and defense investigator ken koberstein. ....
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 ....