news reporter: the defense began presenting just like that its case in hopes of convincing the jury that foley is innocent josh mankiewicz: midway through tom foley s trial, the talk around coldwater focused on the damaging testimony of skylar its case of in hopes of convincing the jury foley is innocent. what middle way through tom foley s trial, the top at coldwaters focus on tom s own son heath. heath was the strongest part of your case. the boys, the testimony of the voice. they heard the gunshot. but the defense was about to argue that over time both boys testimony had changed, and in significant ways. heath is now stating that it sounds like a gunshot. it s something he didn t say in the first interview. the same thing with skylar. heath s courtroom testimony
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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 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. he couldn t take it anymore. reporter: 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. 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 had rushed to judgement. the defense attorney tom shaffer and defense investigator ken koberstein. in their mind it s the
reporter: 24 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 were ready to spend the rest of your life in prison? no. absolutely not. reporter: to tom foley s attorney tom shaffer 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.
it was not. now with the evidence admitted, for a second time in two years, a jury was about to decide tom foley s fate. my stomach was turning, i wasn t eating. i was physically sick. event, you can get $3,500 off a hard day s play. $700 off select mud spa packages for two. and up to $1,300 off family packs of venison. ( ) save on a world of possibilities with deals on select 2017 can-am vehicles. only until october 31st at your local can-am dealer. ( )