That. You think he faked that burglary and killed his wife . Yes. He wanted the house. He wanted her money. If he divorced her, he lost everything. In court, a stunning verdict. This cannot 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 wasnt tom foley. Would her story be the ultimate twist . Reach in and tear out your heart. Unbelievable. Mystery at heath bar farm. Hello and welcome to dateline extra. Its a mystery people thought they had the answer to, the murder of a well loved teacher in a closeknit town. Within hours police were on the scene. There would be an arrest, a trial and a conviction. Case closed . Not on your life. Because in this story, a bombshell came in after the verdict. Reporter february 2009, cold water, michigan. Whats the problem . My wife. Your wife . Yes. Reporter in one day, one moment is she breathing . No. Shes gone. Reporter the innocent, simple life tom foley and his family once lived was gone forever. Oh, my god. Oh, my gosh. Reporter it was a moment tom foley never would have imagined 23 years earlier. Back then, number 30 15 seconds left. Reporter scored the winning basket, giving cold Water High School the regional title. Thats it. He hits it with five seconds. Reporter earning young tom a place in cold waters Basketball Hall of fame. I have goose bumps talking about it. It was like victory was snatched from the jaws of defeat. He came through with it. Reporter to what extent were you sort of known around here for being the kid that hit game winning shot . That went on for a long time. Maybe someone might come up, tom, you remember when you hit that shot . Of course i remember. Reporter in 1991, the Hometown Hero started dating another local standout named darlene weber. Dar as she was known had a personality as big as her smile. The first time i saw her, she was playing softball, of course. She had on these lime green specs. She looked a little funny. When she took them off, i thought she was beautiful. Reporter it was a classic case of opposites attracting. I think we both went into the relationship knowing that we really loved spending time with one another. Reporter tom was the laid back easy going time. Dar an elementary schoolteacher was more type a. She didnt hide what she was thinking. She had opinions. She would let those be known. Its one of the reasons i loved her. I still love her today. Reporter still, when dars sisters learned that dar and tom intended to marry, they were left scratching their heads. My famous saying was, theres got to be something wrong with tom for him to stay with dar. Reporter you couldnt do it . No. Reporter you couldnt be around somebody who was that much of center of attention . Telling what you to do. Reporter that controlling . Dar was not a doe mresdomest person. Reporter right from the start, she took the lead. Fair to say she wore the pants in the house . 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 heaths 10th birthday at a friends 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 sense something was wrong . Yes. She was always on time or early. Reporter so tom left the party and headed back home in search of his wife. Our kitchen back door was opened and i noticed that the glass was broken and there was glass all over our kitchen floor. So i looked through the rest of the house for her. And i ended up finding her in our bathroom. Reporter it was a gruesome scene. Dar lying in the shower stall. She had been shot in the head with a shotgun at point blank range. Tom immediately called for help. Whats the problem . My wife. Shes in the shower. Shes laying there in the blood. Reporter First Responders rushed to the farm. When Michigan State detective arrived on the scene, he knew he was in for a long night. We dont have a lot of homicides that happen in and around branch county. Because of her position as a schoolteacher, for the number of people that knew her, that put it in a more serious type investigation. Reporter the detective and his team scoured the crime scene. Taking pictures and seizing evidence of what appeared to be a home burglary gone wrong. The first clue, the broken glass coming from the kitchen door window. It appeared that a beer bottle was used to break that particular window. Reporter according to tom, jewelry and credit cards were missing. The family desk had been disturb and financial documents inside were gone. And then there was the medicine cabinet. Looked like something had gone in and basically scooped up a shelf off of the medicine cabinet and its contents. Reporter they were looking for prescription drugs . Potentially. Reporter to the detective, the items missing werent nearly as telling as what was left behind. Expensive electronics were untouched. As was dars purse found sitting on a hallway chair. It didnt make a lot of sense. Reporter neither did the use of a shotgun. Its large. Potentially bulky. If you are going in to break into something, you have to carry whatever you steal out with this shotgun that you brought also. Reporter it wasnt until the next day that police found their first significant piece of evidence. Evidence that led the investigation in a whole new direction. Down in the foleys dusty basement, was a suspiciously dust free yellow plastic bag. What was in the bag . Three shotgun shells. I accept i dont bike as far as i used to. I even accept i have a higher risk of stroke due to afib, a type of irregular heartbeat not caused by a heart valve problem. But no matter where i ride, i go for my best. So if theres Something Better than warfarin, ill go for that too. Eliquis. Eliquis reduced the risk of stroke better than warfarin, plus had less major bleeding than warfarin. Eliquis had both. Dont stop taking eliquis unless your doctor tells you to, as stopping increases your risk of having a stroke. Eliquis can cause serious and in rare cases fatal bleeding. Dont take eliquis if you have an artificial heart valve or abnormal bleeding. While taking eliquis, you may bruise more easily. And it may take longer than usual for any bleeding to stop. Seek immediate medical care for sudden signs of bleeding, like unusual bruising. Eliquis may increase your bleeding risk if you take certain medicines. Tell your doctor about all planned medical or dental procedures. Im still going for my best. And for eliquis. Ask your doctor about eliquis. Stay at la quinta. Where were changing with stylish makeovers. Then at your next meeting, set your seat height to its maximum level. Bravo, tall meeting man. Start winning today. Book now at lq. Com returning to the mystery of heath bar farm, dar foley, a popular smalltown teacher had been murdered in what looked like a home invasion. It wasnt long before investigators concluded that there were pieces of the puzzle that didnt add up. Their suspicion centered not on a stranger but on dars husband, former local hero tom foley. The funeral was held on the 13th, friday the 13th. Those unlucky enough to share their grief over the woman they loved and lost poured into Union City High school auditorium. No church was big enough to accommodate the more than 500 people who came to honor and remember dar. She was so full of life. She had a lot more to give. We cant bring her back. Reporter your wife has been killed. You have a 10yearold son. What did you tell him . I told him that someone had hurt mommy. He goes, is she in heaven . I said yes. Reporter it seemed no one in cold water could comprehend what had happened. Including steve and joanie pierce, Close Friends of both tom and dar who learned of the murder from tom himself. I said, the three of you were always together. He was crying. He said, i know, i know. I should have been there for her. And then i said, if you would have been the three of you would be dead now instead of just dar. Reporter just 24 hours into the investigation, detective had almost abandon the theory that this was a random act of violence. It appeared that this was a staged breaking and entering to try to hide a homicide that took place. Reporter according to the detective, whoever staged the burglary didnt factor in the weather that day. It got warm. We had a huge snowmelt. Reporter the ground was unusually wet and muddy. You would expect there would be muddy footprints from inside the residence from somebody who had come through the door . Absolutely. Reporter was there anything . There was nothing. Reporter it was the yellow bag in the basement, the bag containing shotgun shells that interested him the most. Downstairs in the basement we found a bag that had some shotgun shells in it. Okay. Have you ever seen that before . No. Reporter the foleys didnt own a shotgun as far as we know . Thats correct. Reporter he sent the bag to the lap fb for nal sianalysis. What technicians found surprised this detective. Toms fingerprint was on the bag . Yes. Reporter the detective felt he needed to take a closer look at tom foley and his seemingly picture perfect marriage. I think they did a lot of things together. However, i dont consider them the picture perfect couple. Reporter neither did dars sister lynn in whom dar once confided. She said, tom doesnt love me anymore. He is leaving me. He is going through his change of life, you know. Reporter his midlife crisis . Yes. Reporter her sisters were becoming suspicious. Especially they said after watching toms behavior at dars funeral. It was almost like he was relieved. There were a number of people that came up to me after the service that were really offended by his demeanor. His joyfulness. These are things that i have heard. Its ridiculous. Taking care of heath was on my mind. Wondering who killed my wife was on my mind. They dont know the things that ive been through. Reporter maybe so. But the detective was keeping a very watchful eye on tom foley. He decided to interview the other foley who was at the farm the day dar was killed. Tom and dars son heath. On that day, heath and his friend were in the house playing video games waiting to be driven to heaths birthday celebration. Did you see anything different or out of the ordinary or anybody walking around, anybody come up to the door . Anything that you could think of . No. Reporter the detective interviews skylar who said right before leaving for the party, tom sent the two boys outside to go start up the truck. He said he will be out there in a little bit. I dont know what he was doing in there, taking a shower or what. Reporter like heath, he couldnt recall anything unusual about that day either. And then suddenly when we were outside running across the barns, there was big crash way in the back of the house. What did it sound like . It sounded like breaking glass and things falling. Maybe a vase just it was a loud sound . Yeah. Reporter the detective showed skylar a drawing of the farm. Asked skylar to place an x where he believed the sound originated. Like somewhere around in here. Reporter he placed the x just outside the first floor bathroom. The same room where dar foley had been shot. It appeared to us that skylar may have heard the shotgun blast that killed dar foley. Reporter the detective was also thinking this. The one other person in that house at that time was tom foley. Coming up he wanted the house. He wanted her money. If he divorced her, he lost everything. Was that a motive . And was tom foley the killer . Whether mystery at heath bar farm continues. You were made to move. To progress. To not just accept what you see, but imagine something new. At invisalign®, we use the most advanced teeth straightening technology to help you find the next amazing version of yourself. Its time to unleash your secret weapon. Its there, right under your nose. Get to your best smile up to 50 faster. Visit invisalign. Com to get started today. You can feel safe for only 49. 00. That includes security panel, keypad, key fob, entry and motion sensors and for a limited time, get a camera included and installed at no additional cost. A young boy says he heard the shotgun blast that took dar foleys life. Was he to be believed . The only person in the house at the time was her husband tom. He strongly denied he harmed his wife. Investigators hadnt found the weapon. So they went hunting for motive. Reporter from the mouths of babes or in this case one articulate 10yearold boy. Came what seemed like a case breaking revelation. It was loud, loud. Reporter the detective believed 10yearold skylar was an ear witness to the shotgun blast that killed dar foley. If true, it meant dar was murdered earlier than originally thought. More significantly, it meant tom foley was still in the house when the murder occurred. That lead was huge. It was very, very important. Reporter if tom foley was in that house and pulled the trigger, the question remained why. The answer is quite simple. Murder for money . Potentially, yes. Reporter money in the form of an insurance policy. I think that he wanted out of the marriage. And did whatever he needed to do to make sure that that happened. Reporter if he got 310,000 in insurance money and got out of the marriage, so much the better . Yes. Reporter the evidence against tom foley was circumstantial but compelling. You think he faked the burglary and killed his wife . Yes. Reporter they never found the murder weapon. What do you think happened to the gun . I wish i knew. Reporter even without it, in march of 2009, one month after dar foley was gunned down in her shower, state Police Arrested tom foley and charged him with his wifes murder. And i just what . How . Why . And i was like, this cannot be happening. Why do you think that i did this . I did not kill my wife. Reporter to tom and dars Close Friends the pierces, news of toms arrest was almost as stunning as the news of dars death. Could you conceive of tom either hating his wife so much he wanted to kill her absolutely not. Reporter or killing her for insurance money . Absolutely not. That would be stupid. Why kill the golden goose . He has never been one to want things. Its not like money has been was real valuable to him. Reporter you think they had a good marriage . I do. Everything seemed to be going real good. Reporter it seemed sadistic, shooting your wife at pointblank range, killing the mother of your son on the very day he was celebrating his 10th birthday. He never would have done that to his son. Reporter police continued gathering evidence. Ten days after toms arrest, Police Brought heath foley in for a second interview. This time, heath did recall hearing a noise that day. Skylar talks about hearing an unusual sound. Do you remember that . Our neighbors shoot guns. It was a gun shot maybe or maybe glass broke. I dont know. It was one of those two things maybe. Reporter according to tom, the sound heath heard was nothing more than glass breaking. There were old barn windows that i was trying to clean up. I went to grab them. One of them slipped out of my grip and it smashed on our back porch steps. Reporter made a lot of noise . It did. Reporter the detective wasnt buying toms explanation. The boys were playing by this barn. Yes. Reporter how far is that to the house . Its 75 yards. Reporter mr. Foley claims he was dropping a window. Would that have penetrated that far . In my opinion, that couldnt have happened. Reporter police say they searched that area around the back porch. 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 dars sisters, the writing was on the wall. They were certain of their brotherinlaws guilt. We went over every case we could come up with to not make it tom. I think tom resented dar and that he couldnt be a man. I think it ate at him. He couldnt take it anymore. Reporter people get divorced for that reason. He didnt divorce her because he is a selfish coward. He wanted hee ed heath. He wanted the house. He wanted her money. If he divorced her, he lost everything. Reporter in november 2009, tom foleys trial began. The prosecution argued that only tom had a motive to kill dar. The defense claimed police had rushed to judgment. The defense attorney and defense investigator. In their mind its the boyfriend or the husband. Or the person who finds the body. Reporter which in this case was the husband and tom. They wanted me bad. Whats easier for them to go after someone that they can actually physically see or go after someone that they cannot physically see . Reporter whats wrong with the idea that the money was a motive . Absolutely not. We had a mortgage. To move on after all this, it was going to take more than that. Reporter after two weeks of testimony, the jury had its verdict. Felt the evidence was going to prove that theres absolutely no way i had anything to do with this. Reporter 12 jurors didnt share that feeling. We the jury find the defendant guilty of first degree murder. I was what . I was shocked. What was wrong with the jury . What did they know that i dont know . How could they convict a man on what they had . I knew what a conviction was meant for me. And for life without the possibility of parole. My sister is still dead. Still didnt bring her back. But you had a little bit of faith in the justice system. Reporter in the hours following the verdict, it seemed everyone in cold water was relying on faith. I said to myself, god isnt going to let me go to prison for the rest of my life. Something had to turn around. Reporter less than 24 hours after the verdict, tom foleys defense team got a phone call from a woman. This is a woman who essentially says, i saw the murderer and it wasnt tom foley. Coming up theres the killer. Right there. She saw him. A bombshell from out of the blue. Was there hope for newly convicted husband when mystery at heath bar farm continues. Coming at you with my brandnew vlog. Just making some ice in my freezer here. So check back for that followup vid. This is my cashew guy bruno. Holler at em, brun. Kicking it live and direct here at the fountain. Should i go habanero or maui onion . Should i buy a chinchilla . Comment below. Did i mention i save people 620 for switching . Chinchilla update got that chinchilla after all. Say what up, rocco. And my brother ray and i started searching for answers. vo when its time to navigate inhome care, follow that bright star. Because brightstar care earns the same accreditation as the best hospitals. And brightstar care means an rn will customize a plan that evolves with moms changing needs. woman because dad made us promise wed keep mom at home. vo call 8444brightstar for your free home Care Planning guide. We can now repair complex at saortic aneurysmsare, without invasive surgery. If we can do that, imagine what we can do for varicose veins. And if we can precisely treat eye cancer with minimal damage to the rest of the eye, imagine what we can do for glaucoma, even cataracts. If we can use dna to diagnose the rarest of diseases, imagine what we can do for the conditions that affect us all. Imagine what we can do for you. President trump tonight denying he used an expletive to refer to african countries during a meeting about immigration and also denying he is a racist. The president has been under fire for these alleged remarks. Trump was meeting with Kevin Mccarthy in florida. The dead toll is up to 20 in california mudslides. For now, back to dateline. Welcome back to dateline extra. After the jury delivered a guilty verdict, tom foley faced life behind bars. Then in a Stunning Development just 24 hours later, a witness emerged who possibly could set him free. The husband some shunned as a murderer might be innocent after all. He hits it with five seconds to go. Reporter 24 years after the onetime Hometown Hero made cold water 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 . Absolutely not. Reporter tom foleys 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 wasnt 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 foleys conviction, a woman stepped forward. She had new information that suddenly gave new life to toms 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 driver looked nothing like tom foley. Theres 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 dars 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 . They gave you a new trial. I said what . Reporter it didnt change the minds of dars family. They remained convinced not only did tom kill dar, he did so on the day his sons tenth birthday celebration. You think tom is cold blooded enough to do Something Like that to his kid . Yes. Yes. I think theres evil in him. Reporter the prosecutor agreed. Who killed dar foley . Tom foley. There is nobody else. Reporter a year and a half after tom foleys conviction, both sides filed back into the courthouse to once again determine toms fate. As before, the state opened its case with the crime scene analysts. What is it you found in the basement . A yellow bag. Located inside was three shotgun shells. These are phone records. Reporter she showed the home phone records from around the time dar was killed. There were no phone calls that came in or left. Reporter your wife doesnt show up somewhere, why not call home and say, have you left yet, were waiting for you . Thats what i would do. Reporter according to the detective, tom didnt bother calling dar at home because he knew dar was already dead. Then members of dars family stepped forward to testify that tom and dars marriage was troubled and that tom wanted out. He told me that his wife is very controlling and that it was wearing on him and he did not necessarily want to stay in the marriage anymore. Reporter there was more evidence of an unhappy marriage. According to this woman, back in 2006, tom had a wandering eye. State your full name for the record and spell your last. Reporter she taught at the sa same elementary school. He told me that he was thinking about leaving her. Reporter tom also revealed he had feelings for her. Later, he tried to kiss her. What was your reaction to that . I didnt want anything to do with it. Reporter the prosecution wasnt done. This woman took the stand. State your full name for the record and spell your last name. Reporter out of the presence of the jury, marion told the court that like carrie, she met tom through dar. A couple of weeks after dars murder, she stopped by the farm to offer tom support. I dont mean to embarrass you. You had sex with tom in his living room . He tried to. It was stopped. Who tried and who stopped . He tried and we both stopped. You dont have a sexual relationship with somebody within two weeks after your wifes been murdered in that house. Reporter the jury never heard her testimony. Because there was no indication of a romantic relationship prior to dars murder. The judge ruled just as he did in the first trial her testimony was inadmissible. It was a huge blow to the prosecutions case. It supports the position that they werent this deeply in love couple that he kept trying to present. That would have proven that. Reporter they still had two key witnesses, toms son and his friend. Both two years older and now more certain than ever about what they saw and heard. The day dar was killed. Last year at church camp, we went 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 in court almost a year earlier. While you are in the barn, do you hear something . Yes. I thought it was maybe skylar ran into a wall. Either that or a gun shot. Reporter you think the boys were if not eyewitnesses then ear witnesses. To what happened. Reporter tom shaffer knew if he had any hope of getting tom foley acquitted, he would need to prove the sound those boys heard was anything other than a gun shot. Just two weeks before trial began, while inspecting crime scene photos, shaffer found what may be the key to his client freedom. I said, is that what i think it is . 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Returning to the mystery at heath bar farm, tom foley is about to take the stand in his own defense. The defense began presenting its case in hopes of convincing the reporter midway through the trial, the talk around cold water focused on the damaging testimony of skylar and toms own son heath. What did you think was the strongest part of your case . The boys. The testimony of the boys. They heard the gun shot. Reporter the defense was about to argue that over time both boys testimony had changed and in significant ways. Heath is stating it sounds like a gun shot. Its something he didnt say in the first interview. The same thing with skylar. Reporter heaths testimony left tom furious at his accusers, the people cared for heath. Thats somebody coaching him or encouraging him . I believe so. Reporter coached or not, tom foleys 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 foleys arrest, they took a trip to the farm to try and do just that. Couple of perry mason moments. Dont come very often. This is the frame we found. Reporter 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 putty areas, you can see it fits perfectly. Reporter it was compelling evidence that tom may have been telling the truth. Shaffer would need more than a shard of evidence. He next called this woman, the woman who came forward immediately following toms guilty verdict and the reason he was ultimately granted a new trial. Moore said she was driving past the house right around the time dar had been murdered. As i approached this white car come racing out forward. If i hadnt have braked, i would have hit him. Reporter she got a look at the driver. It was a young 18 to 20yearold kid. Real black hair and his face was real white. He was clenching the wheel like this. I thought, he is crazy. He is going to kill somebody. Reporter why didnt you call the police . I didnt because i was afraid. Reporter when she learned about tom foleys guilty verdict, she said she could no longer keep her silence. God forgive me. I truly mean that in my heart. That i didnt come forward sooner. If i hadnt 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 stand. I didnt want to convince just the 12 jurors. I wanted to convince the prosecut prosecutor, the police, my wifes family. I wanted them to know. Reporter he started by answering some nagging questions like how did a yellow plastic bag with shotgun shells in it get into toms basement . Did you have bags in your home . Yes. Reporter how do you explain the bag in the basement with the shotgun shells . They werent ours. That bag is probably ours. My fingerprint is on the bag. For three clean shotgun shells to be in my basement this doesnt make sense. Reporter you have no idea where those came from . Absolutely not. Reporter tom said he never owned or used a shotgun. Never. Wouldnt know how to operate it. Wouldnt know the first thing about it. Reporter tom shaffer then asked why tom failed to call his home when dar didnt show up at the birthday celebration. Something just wasnt right. Thats 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 see where she was at. Reporter it was time for tom to describe his relationship with dar. It didnt take tom long to lose his composure. We were very close. We were go ahead. We were together all the time. Reporter tom admitted he did once flirt with carrie. He says that happened three years prior to the murder during a brief time when he and dar were arguing more than they were communicating. That put distance between us. It also led to intimacy problems between her and i. Reporter he says he eventually told dar about his feelings for carrie. Hes said he went to counseling. After those sessions, did things get better . Absolutely. Reporter then why was it so easy for tom to become intimate with marion so soon after dars death . Three weeks after dar died. And you are in the house where dar died. Yeah. Reporter what am i to think of that . Think that i dont care about what had happened to my wife. Thats not true. If i go back and change it, i would. But i cant. This was an event that involved grief and a reaching out and it happened. Do you love your wife . I love her very much. Did you love her on february 7, 2009 . Very much so. Did you have anything to do with her death . Not at all. Reporter before closing arguments, the prosecutor had one more card to play. In the form of a surprise rebuttal witness who please state your name for the record. Amber rappeljay. Out of the presence of the jury, dars niece told the court that one week before dar was murdered she went to the farm to babysit. She told us not to go out on the back door without shoes because tom had dropped a frame and there might be still some glass out there. The judge ruled that ambers testimony was hearsay and therefore inadmissible. The jury never heard her challenge toms claim that what the boys heard the day dar was murdered was with him dropping a window frame. That was his big play, that was what the noise was. That should have been included and was not. Now, with the evidence that was admitted, and for the second time in two year, a jury was about to decide tom foleys fate. My stomach was turning. I wasnt eating. I was physically sick. When heartburn hits. Fight back fast with tums smoothies. It starts dissolving the instant it touches your tongue. And neutralizes stomach acid at the source. Tum tum tum tum. Smoothies. Only from tums they appear out of nowhere. My secret visitors. Hallucinations and delusions. The unknown parts of living with parkinsons. What plots they unfold, but only in my mind. Over 50 of people with parkinsons will experience hallucinations or delusions during the course of their disease. If your loved one is experiencing these symptoms, talk to your parkinsons specialist. There are Treatment Options that can help. My visitors should be the ones i want to see. My visitbut he hasoke upe ones wwork to do. In. So he took aleve. If hed taken tylenol, hed be stopping for more pills right now. Only aleve has the strength to stop tough pain for up to 12 hours with just one pill. Aleve. All day strong. Which means everyone has access to our real reviews that we actually verify. And we can also verify that what goes down, [ splash, toilet flush ] doesnt always come back up. Find a great plumber at angies list. Join today for free. Where are we taking him . I have no clue. Were just tv doctors. If this was a real emergency, id be freaking out. But thanks to cigna, we can do more than just look heroic. We can help save lives by getting you to a real doctor for a checkup. Nurse, this things defective. Please dont touch that. We are the tv doctors of america. Together with cigna reminding you. To go, know, and take control of your health. Doctor poses cigna. Together, all the way. And now with the conclusion with the mystery at heath bar farm, here again is josh mankiewicz. As he did in the first trial, attorney tom schafer 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, yes. You thought that once before. Yes, i did. Apparently the theory the prosecution is that if a marriage ever has a bump in the road, then that is a motive for murder. Is it reasonable . I suggest not. Tom foley, he says, had nothing to do with dars 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 theres more than reasonable doubt. I respectfully ask you to find tom foley not guilty. Then came prosecutor terri norris turn, and she started by attacking the credibility of those witnesses who say they saw the cars. If you were to believe that all of these vehicles were there, there was a party at the foley home that day with a bunch of white cars and a black suv. That makes no sense whatsoever. None. Terri norris wanted this jury thinking only one thing. Who had the motive . Its tom foley. Whose fingerprint was on the bag of shells in the basement . Tom foleys. Tom foley is guilty, and im asking you to bring back that verdict. The outcome of toms second trial was far from certain. What worried you the most . Just that he was such a nice guy that you would never have guessed he would have done Something Like that. He didnt seem like a murderer. Right. And then at the fabled eleventh hour, it was time. The jury filed in. Were they looking at you, the jurors . No, they werent. I took a couple deep breaths and i just your honor, we the jury find the defendant not guilty. The waiting had paid off. As to count two . Not guilty. The reaction of tom at the time of the verdict, absolutely incredible. He collapsed to the floor and wept for 20 minutes. Unbelievable. He got away with murder, but he almost didnt. We had it. We had him convicted. And to actually have to go back and talk with that family and try and give them some consoling, how do you do that . Youre just angry. Youre angry at the jurors, the judge. Theres nothing you can do about it. I was more concerned about heath at that point because i knew that he knew his father killed his mother. And i couldnt imagine having to go back and live with the man who killed your mother. Yeah, get it tom has regained custody of heath, and said he treads very carefully when discussing that tragic day with his boy. From him, i at least want to know, why do you think i did this . I deserved that answer. All he could say is, i dont know who else it could have been. Tom says he will never forget dar. I still think shes beside me. Im going to continue to raise our son the way that we wanted him to be raised. You harbor any grudge because of this . All i can say is they made a mistake. Thats all im asking, that they search and search and search until they find dee dees killer. According to prosecutor norris at the time, there would be no point to that search. Youre not investigating anymore . Theres no one to investigate, and theres been no new evidence of anybody else ever having committed this crime. This boyhood hero wrote a whole new set of headlines as an adult, and coldwater may never be the same. As for those who remain convinced of toms guilt, they cling to the memory of the one they lost and loved so much. They gather to release balloons in dars honor. She loved to be the center of attention, so this is her her center of her attention. Two, one they rise closer to where shes at and hopefully she sees that were thinking about her. We love you, dar thats all for this edition of dateline extra im craig melvin. Thanks for watching. Due to mature subject matter, viewer discretion is advised. Step out of the cage. Hands behind your back. Close that gap up. Deputies shake down a housing unit and hit a contraband jackpot. Its pruno. Liquid courage. Lying is not the answer. Im not lying. I just dont tell him. Okay, but im not going to sit there and tell him, oh, yeah, your mom sells drugs and your mom robs people to an inmate learns addiction and motherhood do not make a good mix