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>> before closing arguments, the prosecutor had one more card to play in the form of a surprise rebuttal witness who could unravel tom's alibi. >> please state your name for the record. >> amber rappeljay. >> out of the presence of the jury, dar's niece told the court that one week before dar was murdered she went to the farm to babysit. >> she told us not to go out on the back door without shoes because tom had dropped a frame and there could be glass still out there. >> the judge ruled that amber's testimony was hearsay and therefore inadmissible. the jury never heard her challenge tom's cla...

>> very much so. >> did you have anything to do with her death? >> not at all. >> before closing arguments, the prosecutor had one more card to play. in the form of a surprise rebuttal witness who >> please state your name for the record. >> amber rappeljay. >> out of the presence of the jury, dar's niece told the court that one week before dar was murdered she went to the farm to babysit. >> she told us not to go out on the back porch without shoes because tom had dropped a frame and there could be glass still out there. >> but the judge ruled that amber's testimony was hearsay and therefore ...

>> did you love her on february 7, 2009? >> very much so. >> did you have anything to do with her death? >> not at all. >> reporter: before closing arguments, the prosecutor had one more 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 rapelje. >> reporter: out of the presence of the jury, dar's niece told the court, that one week before dar was murdered, she went to the farm to babysit heath. >> she told us not to go out in the back porch without shoes because tom had dropped a frame and there might...

>> heeath is stating it sounds like a gun shot. it's something he didn't say in the first interview. the same with skylar. >> reporter: heath's courtroom testimony 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. >> reporter: 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, they took a t...

7, 2009? >> very much so. >> did you have anything to do with her death? >> not at all. >> reporter: before closing arguments, the prosecutor had one more card to play in the form of a surprise rebuttal witness who witness, who could unravel tom's alibi. >> please state your full name for the record. >> out of the presence of the jury, dar's niece told the jury she went to the farm to baby sit heath one week prior to the murder. >> she told us not to go out the back door because tom dropped a frame and it might be still there. >> the judge ruled it hearsay and inadd misable. what the jury hear...