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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 basement with the shotgun shells in the basement? >> they weren't ours. the bag is probably ours. i mean...

>> it got really warm. we had a huge snow melt off. >> the ground around the farmhouse was unusually wet and muddy. >> so you expect there would be muddy footprints from inside the residence from somebody that came in the door. >> absolutely. >> was there anything? >> there was nothing. >> but it was the yellow bag found in the basement, the bag containing shotgun shells that interested carbon the most. >> down stairs in the basement. >> okay. >> we found a bag that had shotgun shells in it. >> okay. >> had you ever seen that before? >> no. >> folly's didn't own a shotgun as far as we know. >>...

Items missing weren't nearly as telling as what was left behind. expensive electronics were untouched and dar's purse sitting on a hallway chair. >> didn't make a lot of sense. >> neither did the use of a shotgun. >> it's large, potentially bulky. if you go 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 folly's dusty basement was a suspiciously dust free yell low plasti...

>> 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 fate. >> circuit court is again in session. >> as before, the state opened its case w...

Inside the bag was three shotgun shells. these are phone records. >> norris also showed the jury the foley's home phone records from around the time dar was killed. >> there were no phone calls that either came in or left. >> your wife doesn't show up somewhere, why not call home and see have you left yet? where are you? we're waiting for you. according to detective tom koshen, tom didn't bother calling dar at home because he knew dar was already dead. then members of dar's family step forward to testify that tom and dar's marriage was troubled and that tom wanted out. >> he told me that his w...