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You mention eric swalwell's world, i'm glad we don't live in joe biden's world. this if he had his way this man may not be alive. joe biden said all you need is a double barrel shotgun, fire two blasts out the door. i may not be good at math but my friend is, he said two barrels and two shotgun shells with two blashtses outside of a window leaves you with zero chance to protect yourself. not only is it reckless and dangerous to fire outside a window like joe biden suggests, if ar-15s were banned this man may not be alive. >> tucker: is it weird to hear a guy surrounded by taxpayer funded body ...

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 prosecutor. i wanted to convince the police. i wanted to convince my wife's family. i wanted them to know and look at me and hear me. >> tom started by answering some still-nagging questions, like, how did a yellow plastic bag with shotgun shells in it get into tom's basement? >> did you have dunham's bags in your home? >> yes. >> how do yo...

Carbon, whoever staged the burglary didn't factor in the weather that day. >> it got really warm. we had a huge snow meltoff. >> the ground around the farmhouse was unusually wet and muddy. so you would expect that there would be muddy footprints from inside the residence where somebody would come through that door? >> absolutely. >> was there any footprints, anything? >> there was nothing. >> but it was the yellow bag found in the basement, the bag containing shotgun shells, that interested carbon the most. >> downstairs in the basement we found a dunham's bag that had in shotgun shells in it...

Change the minds of dar's family. they remained convinced not only did tom kill dar, he did so on the day of his son's tenth birthday celebration. you think tom's cold-blooded enough to do something like that to his kid? >> yes. >> yes. >> i think there's evil in him. >> prosecutor terri norris agreed. who killed dar foley? >> tom foley. there is nobody else. >> a year and a half after tom foley's conviction, both sides filed back into the courthouse to once again determine tom's fate. >> circuit court is again in session. >> as before, the state opened its case with the crime scene analysts. ...

Scene. it was one of the worst i've ever seen. >> reporter: one of those leading the investigation? david kofoed, the head of the csi squad in douglas county. from omaha, an hour away, he was called in to help the smaller cass county sheriff's department. >> what really bothers me is that these two people were just sleeping in bed and the male victim was apparently crawling away and he was shot in the head. clearly an execution. >> reporter: close up. >> close up. and the female victim was along the side of the bed holding a phone in her hand, and she had been shot in the eye at close range. >...