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going really good for them. >> it seemed sadistic, shooting your wife at point blank range, killing the mother of your son on the very day he was celebrating his tenth birthday. >> he never would've done that to his son. >> police continued gathering evidence. ten days after tom's arrest, police brought heath foley in for a second interview. and this time, heath did recall hearing a noise that day. >> when skylar talks about hearing this unusual sound, do you remember any of that? >> thought it was neighbors just like, shoing guns. thought it was like, maybe a gunshot or some like glass broke. it was one of those two things maybe. >> according to tom, the sound heath heard was nothing more than glass breaking.

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to go back and live with the man that killed your mother. >> yeah, get it! >> tom regained custody of heath and said he treads very carefully when discussing that tragic day with his boy. >> from him, i at least want to know why do you think i did this? i deserve that answer. and all he can say is, i don't know who else it could have been. >> tom says he will never forget dar. >> i still think she's beside me. i'm going to continue to raise our son the way that we wanted him to be raised. >> do you harbor any grudge because of this? >> all i can say is they made a mistake. that's all that i'm asking. is that they search and search and search until they find dee dee's killer. >> according to prosecutor norris at the time, there would be no point to that search. you're not investigating anymore? >> there's no one to investigate. and there's been no new

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left tom furious, not at his son, but at his accusers. the people who had cared for heath while tom was incarcerated. >> that's somebody coaching him or encouraging him? >> i believe so. >> coached or not, tom foley's defense team knew from day one that they needed to prove the sound those boys heard was tom dropping a window frame on the back porch and not the fatal gun blast. four days after tom foley's arrest, schaeffer and koberstein took a trip to the farm to do just that. >> a couple of perry mason moments, don't come very often. >> this is the frame we found. >> right where tom said he dropped the frame, they found this tiny shard of glass. immediately they try to match the shard with the frame. tom said he dropped. >> if you take the shard and

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news reporter: the defense began presenting just like that its case in hopes of convincing the jury that foley is innocent-- josh mankiewicz: midway through tom foley's trial, the talk around coldwater focused on the damaging testimony of skylar its case of in hopes of convincing the jury foley is innocent. >> what middle way through tom foley's trial, the top at coldwaters focus on -- tom's own son heath. >> heath was the strongest part of your case. >> the boys, the testimony of the voice. they heard the gunshot. >> but the defense was about to argue that over time both boys testimony had changed, and in significant ways. >> heath is now stating that it sounds like a gunshot. it's something he didn't say in the first interview. the same thing with skylar. heath's courtroom testimony

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>> your honor, we the jury find the defendant not guilty. >> the waiting had paid off. >> as to count two? >> not guilty. >> the reaction of tom at the time of the verdict, just absolutely incredible. he collapsed to the floor and wept for 20 minutes. unbelievable. >> he got away with murder. he almost didn't. we had it. we had him convicted. and to actually have to go back and talk with that family and try and give them some consoling, how do you do that? >> you're just angry. and you are angry at the jurors, the judge. there's nothing you can do about it. >> i was more concerned about heath at that point. because i knew that he knew his father killed his mother. and i couldn't imagine having

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it was a huge blow to the prosecution's case. >> it supports the position that they weren't this deeply in love couple that he kept trying to present. that would've proven that. >> but norris still had her two key witnesses, tom's own son and heath's friend, skylar. both two years older and now more certain than ever about what they saw and heard. the day dar was killed. >> last year at church camp, we went for one of our activities. we fired shotguns. and it most resembled that sound. >> then it was time for heath to take the stand. the last time tom had seen his boy was at a hearing, also in court, almost a year earlier. >> while you're in the barn, do you hear something? >> yes. >> i thought it was maybe skylar kind of ran into a wall. either that or a gunshot. >> you think the boys actually were, if not eyewitnesses, then

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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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>> 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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the day dar was killed. their son, heath. on that day, heath and his friend skyler were inside the house playing video games, waiting to be driven to heath's 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? >> not really. >> the detective also interviewed skyler, who said right before leaving for the party, tom sent the two boys outside to go start up the truck. >> he said that he will be out there in a little bit. i don't know what he was doing. taking a shower or what's. >> like heath, skyler couldn't recall anything unusual about that day either, and then, suddenly, -- >> when we were outside running across the barns, there was a big crash way in the back of

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Detailed text transcripts for TV channel - MSNBC - 20180225:05:16:00

carbon was keeping a very watchful eye on tom foley. he decided to interview the other foley who was at the form the day dar was killed, tom and dar's son heath. >> heath, i'm detective sergeant carbon. >> on that day, heath and his friend skyler watty were inside the house playing video games, waiting to be driven to heath's 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 can think of? >> i don't know. >> the detective also interviewed skyler watty, who said right before leaving for the party, tom sent the two boys outside to go start up the truck. >> he said he'll be out there in a little bit. >> okay. >> so i don't know what he was doing in there, taking a shower or what. >> like heath, skyler couldn't recall anything unusual about that day either.

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