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. 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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 accred