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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. >> but 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 break and entering 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. we had a huge snow meltoff. >> the ground around the farmhouse was unusually wet and muddy. so you...

>> 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 you explain the bag in the basemen...

>> downstairs in the basement we found a dunham's bag that had in shotgun shells in it. >> okay. >> did you ever see that before? >> no. >> the foleys didn't own a shotgun as far as we know? >> that's correct. >> carbon sent the bag to the lab for analysis. what technicians found on the bag surprised even this veteran detective. tom's fingerprint was on the bag. >> yes. >> suddenly detective carbon 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 don't consider them the picture-perfect couple....

You on the news. i said, really? what for? they gave you a new trial. i said, what? >> news of a new trial didn't 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 f...

Expensive electronics were left untouched as was dar's purse sitting on a hallway chair. >> it just didn't make a lot of sense. >> neither did the use of a shotgun. >> it's large, potentially bulky. if you're going in to break into something, you have to carry whatever you steal out with this shotgun that you brought also. >> it wasn't 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 plastic bag? >> thre...