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the house. >> what did it sound like? >> it sounded like breaking glass or a bunch of things falling. like a vase -- >> it was a loud sound? >> yes. >> detective carbon showed skyler a drawing of the foley farm and asked skyler to place an x where he believed the sound originated. >> like, somewhere around here. >> skyler placed the x just outside the first floor bathroom, the same room where dar foley had been shot. >> it appeared to us that skyler may have heard the shotgun blast that killed dar foley. >> detective carbon 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, and if he

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dar, an elementary school teacher, was more type a. >> she had opinions, she let those be known. one of the reasons that i loved her, i still love her today. >> still when her sisters learned that they intended to marry, they were left scratching their heads. >> my famous saying was there has got to be something wrong with tom to stay with dar. >> because you couldn't do it? >> no. >> you couldn't be around somebody who was that much the center of attention? >> and telling you what to do. >> dar was not a domesticated person. >> the foleys were married in 1994, and right from the start, dar took the lead. >> is it fair to say that she wore the pants in that house? >> i'd say 75%, 80% of the time. >> she was the breadwinner? you stayed home and took care of your son? >> i did. >> keith was their only child and the center of their lives. >> we just love being together.

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you comfortable? >> yes. >> you thought you were going to win? >> very much. >> you thought that once before. >> yes, i did. >> apparently the theory of 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 dar's death. but those mysterious cars did. >> those cars should not have been there. had the prosecution not given you anything 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, more than beyond a reasonable doubt, i respect you ask you to find tom foley not guilty.

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>> it seemed like no one in coldwater could comprehend what had happened, including steve and joni pierce, close friends of both tom and dar who heard from the murder from tom himself. >> i said the three of you were always together and he was crying and said i know, i know, i should've been her for her. and then i said, if you would've been the three of you, maybe you would've all been dead instead of just dar. >> just 24 hours into the investigation, detective jim carbon had almost abandoned the theory that this was a random act of violence. >> it appeared to me that this was a staged breaking and entering to try to hide a homicide that took place. >> but according to detective carbon, whoever staged the burglary didn't factor in the weather that day. >> it got really warm and there was a huge slow melt off.

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knew dar was already dead. then members of dar's stepped forward to testify that tom and dar's marriage was troubled, and that tom wanted out. >> he told me that his wife is a very controlling, and that it was wearing on him. and he did not necessarily want to stay in the marriage anymore. >> and there was more evidence of an unhappy marriage. according to this woman, back in 2006, tom had a wondering eye. >> please state your full name for the record and spell your last name. >> carrie zuck. we carrie zuck thought at the same elementary school as. are known by the name as dee dee. >> he told me that he was thinking about leaving dee dee. >> according to carrie, tom also revealed he had feelings for her. and later he tried to kiss her. >> what was your reaction to that? >> i didn't want anything to do with it. >> the prosecution wasn't done. this woman took the stand.

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card to play, in the form of a surprise rebuttal witness who could unravel tom's alibi. >> please state your full name for the record. >> amber -- >> out of the presence of the jury, dar's neice told the court that one week before dar was murdered she went to the farm to babysit heath. >> she told us not to go on the back porch without shoes, because tom had dropped a frame and they might still be some glass out there. >> but the judge ruled that amber's testimony was hearsay and therefore inadmissible. the jury never heard her challenge tom's claim that while the boys heard the day dar was murdered was him dropping the window frame. >> that should've been included and it was not. >> now with the evidence that was admitted, and for the second time in two years, a jury was about to decide tom foley's faith. >> coming up. >> he collapsed to the floor and wept for 20 minutes.

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>> god forgive me, and i truly mean that in my heart, that i didn't come forward sooner. if i hadn't been so darn scared. >> what followed was a succession of other witnesses, each claiming they too saw a mysterious cars, either on or leaving that heath bar farm, right around the time of the murder. >> i call a glance of a ford, black ford, suv, crossover vehicle. >> it could've been a white car, green car, i don't know. it was just a light colored car. >> whoever killed dar foley was either in one of those cars, or all three of them participated in this murder in some fashion. >> 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, your honor. >> i just didn't want to convince the 12 jurors. i wanted to convince the

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we were always together. >> and so the three foleys lived on the outskirts of coldwater 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. >> on that day the foleys were preparing to celebrate keith's tenth birthday out of friends house just down the road. dar needed to shower so tom, heath and a friend of heath's left without her. the plan was for david to follow in her own car and meet them all at the party later that afternoon. but dar never arrived. that gave you some kind of sixth sense the something's wrong? >> yes. she was always on time or early to events. >> 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

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would seem to be a case breaking revelation. >> it was a loud loud sound. >> detective carbon believed that ten-year-old skylar was an eyewitness to the shotgun blast that killed dar. if it is true it means that she was killed earlier than -- it meant that tom foley was still in the house when the murder occurred. >> it was huge, it was very very important. >> but if tom foley was in that house and pull the trigger, the question remained, why? the answer, said detective carbon was quite simple. murder for money? >> potentially, yes. >> 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. >> and if he got $310,000 in insurance money and got out of the marriage, so much the better? >> yes. >> the evidence against tom

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>> neither did dar's sister lynn, in whom dar once confided. >> she said that tom doesn't love me anymore, he's going through his change of life -- >> his midlife crisis? >> yes. >> dar's sisters were becoming increasingly suspicious, especially they said after watching tom's behavior at dar 's funeral. >> it's 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 were things that i have heard, and it is ridiculous. i mean taking care of heath was on my mind, wondering who killed my wife was on my mind. they don't know the things that i have been through. >> maybe so, but detective carbon was keeping a very watchful eye on tom foley. he decided to interview the other fully he was at the farm

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