lives that have been further challenged. >> that's all for this edition of "date line extrline extra." i'm craig melvin. thank you for watching. the first time i saw her, i thought she was beautiful. we just loved being together. we're always together. our kitchen backdoor was opened, and the glass was broken. >> my wife! oh my god! >> it was he who found her. >> i just didn't know how to handle that. i wish i could have been there to protect her. >> a wife murdered.

and later, a husband under suspicion. >> he was such a nice guy. you would have never guessed he did something like that. >> do you think he fake that burglary and killed his wife? >> yes. >> he wanted the house. he wanted her money, and if he divorced her, he lost everything. >> in court, a stunning verdict. >> this cannot be happening. i did not kill my wife. >> but more stunning still was what came after. a mysterious witness with a secret. >> this is a woman who essentially says i saw the murderer and it wasn't tom fully. >> would her story be the ultimate twist? >> reach in and tear out your hear heart. unbelievable. >> missry at health bar farm. >> welcome to "date line extra." i'm craig melvin. it was a murder of a well-loved teacher and within hours police were on the scene and there

would be an arrest, trial and conviction. case closed? not on your life because in this starry, a bombshell came in after the verdict. here is josh. february 2009, cold water, michigan. >> what's the problem? >> my wife. >> your wife? >> yes. >> in one day, one moment. >> is she breathing? >> no! she's gone! she's gone! >> the innocent simple life tom folly and his family once lived was gone forever. >> oh my god! oh my gosh! oh my gosh! it was a moment tom fully never would have imagined 23 years earlier. back then, number 30. >> 15 seconds left. >> scored the winning basket giving cold water high school

the regional title. >> fully baseline jumper, 18. he hits it with five seconds and called a time-out. >> and earning young tom a place in cold water's basketball hall of fame. >> i have goose bumps just talking about it. >> like victory was snatched from the jaws of defeat and he came through with it. >> to what extent were you sort of known around here for being the kid that hit the game-winning shot? >> that went on for a long time. maybe someone might come up, hey, tom, remember when you hit that shot? of course i remember. >> in 1991 the hometown hero started dating another local standout named darlene weber. dar, as she was known, had a personality as big as her smile. >> the first time i saw her, she was playing softball, of course. she had on these lime green rex specs so she looked a little funny, but when she took them off, i thought she was beautiful. >> it was a classic case of

opposites attracting. >> i think we both went into the relationship knowing that we really love spending time with one another. >> tom was the laid back, easy going type. dar an elementary teacher was more and she didn't hide what she was thinking. >> she had opinions and she let those be known. that's one of the reasons i loved her. i still love her today. >> still, when dar's sisters ladonna, lynn and marla learned them were going to marry, they scratched their heads. >> there has got to be something wrong with tom to stay with dar. >> because you couldn't do it? >> no. >> you couldn't be around somebody who was that much the center of attention. >> telling you what to do. >> that controlling. >> dar was not our codomestic person, either. >> the fullies were married in

1984 and right from the start, dar took the lead. >> fair to say she wore the pants in that house? >> i'd say probably 75, 80% of the time she did. >> she was the breadwinner? >> yes. >> you stayed home and took care of your son? >> i did. >> heath was their only child and the center of their lives. >> we just loved being together. we were always together. >> so the three follies lived on the outskirts of cold water in an old farm house called the heath farm a picture perfect family until that winter day in 2009. what was the last thing you said to her? >> i said i love you and i'll see you later. >> on that day, the follies were preparing to celebrate heath's 10th birthday at a friend's house down the road. dar still needed to shower so tom, heath and a friend of heath's left without her. the plan was for dar to follow

and meet them at the party later that afternoon. but dar never arrived. that gave you some sixth sense something was 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 backdoor was opened and i noticed that the glass was broken and there was glass all over our kitchen floor. so i looked through the rest of the house for her. and i ended up finding her in our bathroom. >> it was a gruesome scene. dar lying in the shower stall. she had been shot in the head with a shotgun at point blank range. tom immediately called for help. >> what's the problem? >> my wife is in the shower. she's just laying there in her blood. >> first responders rushed to the folly farm. when michigan state police detective arrived on the scene, he knew he was in for a long night. >> we don't have a lot of

homicides that happen in and around branch county, and because of her position as a schoolteacher, just for the number of people that knew her that put anytime a much more serious-type investigation. >> detective and his team of state troopers scourikou scouri crime scene taking pictures of a home burglary gone wrong. the first clue, the broken glass coming from the kitchen door window. >> it appeared that a beer bottle was used to break that particular window. >> according to tom, jewelry and credit cards were missing. the family desk had been disturbed and financial documents inside were gone. and then there was the medicine cabinet. >> looked like somebody had gone in and basically scooped a shelf off of the medicine cabinet and it's contents. >> like looking for prescription drugs. >> potentially. >> but to the defective, the

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 plastic bag. >> what was in the bag? >> three shotgun shells. d dad's and found this. cd's, baseball cards... your old magic set? and this wrestling ticket... which you still owe me for. seriously? $25 i didn't even want to go.

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we're turning to the mystery

of heath bar farm. dar folly had been murdered in what looked like a home invasion but it wasn't long before investigators concluded there were pieces of the puzzle that didn't add up. centered not on a stranger but dar's husband, local hero tom folly. the funeral for dar folly was held on the 13th, friday the 13th. those unlucky enough to be sharing their grief over the woman they loved and lost poured into union city high school auditorium, no church it turned out was big enough to acome date the more than 500 people. >> she was so full of life. she had a lot more to give. we can't bring her back. >> your wife has been killed and you got a 10-year-old son. >> yeah. >> what did you tell him?

>> i told him that someone had hurt mommy. and he goes, is she in heaven? i said yes. >> it seemed that no one in cold water could comprehend what had happened, including steve and joni pierce, close friends of tom and dar that learned of the murder from tom himself. >> i said the three of you were always together and he was crying and he said i know, i 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. >> just 24 hours into the investigation, detective jim carbon had almost abandoned the theory this was a random act of violence. >> it appeared to me this was a staged break and entering to try 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 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. >> that's correct. >> carbon sent the bag to the lab for analysis. and 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 atom fully 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. >> neither did dar's sister lynn in whom dar once confided. >> she said tom doesn't love me anymore. he's leaving me. he's going through his change of life, you know. >> his midlife crisis. >> yes. >> dar's sisters were becoming increasingly suspicious, especially they say after watching tom's behavior at dar's funeral. >> almost like he was relieved. >> there were a number of people that came up to me after the service that were really ocho fe -- offended by his demeanor, his joyfulness. >> these were things that i've heard, and it's 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 i had

been through. >> maybe so, but detective carbon was keeping a very watchful eye on tom folly. he decided to interview the other folly who was at the farm the day dar was killed, tom and dar's son heath. >> i'm detective sergeant car n carbon. >> on that day they 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? >> no. >> the detective also interviewed skylar who said before leaving for the party, tom sent the two boys outside to go start up the truck. >> he said that 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. >> okay. >> like heath, skyler couldn't recall anything unusual about

that day, either and then suddenly -- >> when we were outside across the barns, there was like a big crash like way in the back of the house. >> like what did it sound like? >> sounded like breaking glass and a bunch of things falling. like maybe a vase just -- >> it was a loud sound? >> yes. >> detective carbon showed skyler a drawing of the folly farm and asked skyler to place an x where he believed the sound originated. >> like somewhere around in here. >> skyler placed the x just outside the first floor bathroom. the same room where dar folly had been shot. >> it appeared to us that skyler may have heard the shotgun blast that killed dar. >> detective carbon was also thinking this, the one other person in that house at that time was tom folly.

>> coming up. >> he wanted the house. he wanted her money. and if he divorced her, he lost everything. >> was that a motive and was tom folly the killer? when "mystery at heath bar farm" continues. on every street, on every street, in every town, across america. small businesses show their love to you. with some friendly advice, a genuine smile and a warm welcome they make your town... well, your town. that's why american express is proud to be the founding partner of small business saturday. a day where you get to return that love, because shopping small makes a big difference. so, this saturday get up, get out, and shop small.

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a young boy says he heard the shotgun blast that took dar foley's life. the only person in the house at the time was tom. he strongly denied he harmed his wife.

investigators hadn't found the weapon so they went hunting for a motive. here again is josh. >> from the mouths of one articulate 10-year-old boy came what seemed like a case-breaking revelation. >> it was like a loud, loud. >> detective carbon believed 10-year-old skyler watty was an ear witness to the shotgun blast that killed dar foley. if true, it meant dar was murdered earlier than originally thought. more significantly, it meant tom foley was still in the house when the murder occurred. >> that lead was huge. that was very, very important. >> if tom foley was in that house and pulled the trigger, the question remained why? the answer said carbon is quite simple. >> murder for money? >> potentially, yes. >> money in the form of an insurance policy. >> i think that he wanted out of

the marriage and did whatever he needed to do to make sure that that happened. >> if he got $310,000 in insurance money and got out of the marriage, so much the better? >> yes. >> the evidence against tom foley was circumstantial but compelli compelling. >> you think he faked that burglary? >> yes. >> and killed his wife? >> yes. >> they never found the murder weapon. >> what do you think happened to the gun? >> i wish i knew. >> even without it in march of 2009, one month after dar foley was gunned down in her shower, state police arrested tom foley and charged him with his wife's murder. >> and i just -- what? how? why? and i was like this cannot be happening. why do you think that i did this? i did not kill my wife. >> to tom and dar's close friend, news of tom's arrest was almost as stunning as the news

of dar's death. >> could you conceive of tom either hating his life so much he wanted to kill her -- >> absolutely not. >> or killing her for the insurance money. >> absolutely not. >> that would be stupid. she made good money. why kill the golden goose. >> he never was one to want things. not like money was real valuable to him. >> you think they had a good marriage? >> i do. everything seemed to be going real 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 10th birthday. >> he never would have 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. >> skyler talks about hearing this unusual sound, do you remember that? >> just like shoot guns, it was

like a gunshot maybe or glass broke. i don't know. it was one of those two things, maybe. >> according to tom, the sound heath heard was nothing more than glass breaking. >> they were old barn windows that i was trying to clean up and went to grab them and one of them slipped out of my grip and smashed on the backdoor steps. >> and made a lot of noise. >> yes, it did. >> detective carbon wasn't buying the explanation. >> they were playing over by this barn? >> yes. >> how far is that to the house? >> approximately 75 yards. >> mr. foley claims he was dropping a window. would that sound penetrate that far? >> in my opinion, that couldn't have happened. >> police say they carefully searched that area around the back porch. >> there was no glass that we could see when we looked at the scene on that particular night,

as well as the next day. >> for dar's sisters, the writing by now was on the wall. they were certain of their brother-in-law's guilt. >> we went over every case we could come up with to not make it tom. >> i think tom resented dar in that he couldn't be a man. kind of ate at him and he couldn't take it anymore. >> people get divorced for that reason. >> he didn't divorce her because he's a selfish coward. he wanted heath. he wanted the house. he wanted her money, and if he divorced her, he lost everything. >> in november 2009, tom foley's trial began. the prosecution argued that only tom had a motive to kill dar. but the defense claimed police had rushed to judgment. defense attorney tom shafer and defense investigator. >> in their mind is always the boyfriend or husband. >> or the person that finds the

body. >> which in this case? >> was the husband and tom. >> they wanted me bad. because they -- what is easier for them to go after someone that they can actually physical see or go after someone they cannot physically see? >> what's wrong with the idea that the money was a motive? >> absolutely not. i mean, we had a mortgage. to move on, after all this, would take a hell of a lot more than that. >> after two weeks of testimony, the jury had a verdict. >> felt the evidence would prove there is absolutely no way i had anything to do with this. >> 12 jurors didn't share that feeling. >> we the jury find the defendant guilty of first-degree murder. >> i was just -- what? i was just shocked. >> what was wrong with the jury? did they know that i don't know? how can they convict a man on what they had? >> i knew what a conviction was meant for me.

for life without the possibility of parole. >> my sister was still dead. it still didn't bring her back. but you had a little faith in the justice system. >> in the hours following the verdict, it seemed everyone in cold water was relying on faith. >> i said to myself, god isn't going to let me go to prison for the rest of my life. something had to turn around. >> less than 24 hours after the verdict, tom foley's defense team got a phone call from a woman. >> this is a woman who essentially says i saw the murderer and it wasn't tom foley. coming up. >> there is the killer right there. she saw him. >> a bombshell from out of the blue. was there hope for newly convicted husband when "mystery at heath bar farm" continues. i take pictures of sunrises,

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here is what is happening. another woman is accusing john conyers of harassment.

sloan says coniers vergely abused her in the '90s. joe barten says he won't talk about a nude photo released online because police are investigating. authorities have not confirmed. america's top commander in afghanistan says the war is at a stalemate but the president's strategy set all the conditions to win. back to "dateline extra". welcome back to "dateline extra." i'm craig melvin. after the jury delivered a guilty verdict, tom faced life behind bars and in a stunning development 24 hours later, a witness emerged to possibly set him free. the husband some shunned as a murderer might be innocent after all. once again, josh mank wiz.

24 hours after the one-time town hero tom foley made cold water history, the now convicted murderer of the same name sat behind bars awaiting his sentence. you ready to spend the rest of your life in prison? >> absolutely not. >> to tom foley's attorney and private eye, the guilty verdict landed like a crashing blow. >> this is a grass root who done it and we thought we had shown that it wasn't this person who had done it. >> i was devastated. i could have walked into a wall. >> just one day after tom foley's conviction, a woman stepped forward. she had now information that suddenly gave new life to tom's defense. >> she came forward and said i saw this white car storming out of the driveway, almost hit me. looked like somebody was high or running away from something.

>> the woman was certain the driver was coming out of the heath bar farm right around the time dar was murdered and equally certain the driver looked nothing like tom foley. >> there is the killer, right there. she saw him. person leaving our property. >> then like a dam breaking, two other witnesses came forward, each having seen a mysterious car of their own, either parked on the foley property or speeding away from it. all the sightings were within two hours. >> one after another. like what is going on? a where were these people before? >> the judge about to sentence tom foley to life wanted to hear what the witnesses had to say. after a year of appeals that went to the state supreme court, tom foley was granted something most people never receive, a

second chance. >> i was walking through the chow hall in prison and somebody says hey, tom, i saw you on the news. i said really? 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 is cold-blooded enough to do something like that to his kid? >> yes, yes. >> i think there is evil in him. >> prosecutor terry 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. >> second court is again in session. >> thank you. >> as before, the state opened its case with the crime scene analysts. >> what is it that you found in the basement? >> on the yellow bag located

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 wife is a very controlling and that that was wearing on him and he didn't necessarily want to stay in the marriage anymore. >> and there was more evidence of an unhappy marriage. according to this woman back in 2006, tom had a wondering eye.

>> please state jury fuyour ful and spell your last name. >> caroline zuk. >> she taught at the same elementary school as dar known as dee dee. >> he told me he was thinking about leaving deedee. >> according to carry, tom revealed he had feelings for her and later he tried to kiss her. >> what was your reaction to that? >> i didn't want anything to do with it. >> the prosecution wasn't done. this woman took the stand. >> please state your full name for the record and spell your last name. >> marian victoria crandle. >> out of the presence of the jury, she told the court like kerry she met tom through dar and a couple weeks after dar's murder, she stopped by the farm to offer tom support. >> i don't mean to embarrass you but you had sex with tom in his

living room. >> he tried to and it was stopped. >> who tried and who stopped? >> he tried and we both stopped. >> you don't have a sexual relationship with somebody within two weeks after your wife has been murdered in that house. >> the jury never heard marian cran cran crandle's testimony because there was no relationship prior and he ruled her testimony was prejudice and 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 have proven that. >> but norris still had her two key witnesses. tom's own son heath and heath's son. 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, went for an activity we fired shotguns and 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 skyler ran into a wall, either that or a gunshot. >> you think the boys actually were if not eyewitnesss, ear witnesses. >> ear witnesses to what happened. >> tom shafer knew if he had any hope of getting tom foley acrypted, he had to prove that sound was a gunshot. two weeks before trial began while inspecting crime scene photos, shafer found what may be the key to his client's freedom. >> i says, ken, is that what i think it is? it was one of these holy crap --

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shut down cold symptoms fast with maximum strength alka seltzer plus liquid gels. we're turning to the mystery of heath bar farm. tom is about to take the stand in his own defense. >> the defense began presented it's case in hopes of convincing the case foley is innocent. >> midway through tom foley's trial, the talk focused on the damaging testimony of skyler watty and tom's own son heath. >> what was the strongest part of your case? >> the boys. the testimony of the boys. 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 and same thing with skyler. >> heath's courtroom testimony left tom furious. not at his son, but at his accusers, the people that cared for heath while tom was incarcerat incarcerated. >> that's somebody coaching him or encouraging him? >> i believe so. >> coached or not, tom foley's defense team knew from day one 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, shafer and coberstein took a trip to the farm. >> couple parry mason moments don't come often. >> right where tom said he dropped the frame, they found this tiny shard of glass. immediately they tried to match the shard with the frame tom said he dropped. >> if you take the shard and set it in one of the few remaining

in tact puddy areas of the frame, it fits perfectly. >> it was compelling evidence tom may have been telling the truth but shafer would need more than a shard of evidence. he next called this woman, janette moore, the woman that came forward immediately following tom's guilty verdict and the reason he was ultimately granted a new trial. moore said she was driving past the foley house right around the time dar had been murdered. >> as i approached this white car come racing out forward and if i hadn't had braked, i would have hit him. >> she got a good look at the driver. >> it was a young 18 to 20-year-old kid. had real black hair and his face was real white and he was clenching the wheel like this. i thought he's crazy, he's going to kill somebody. >> why didn't you call the

police? >> i didn't because i was afraid. >> but when janette moore learned about tom foley's guilty verdict, she said she could no longer keep her silence. >> god forgive me and i truly mean that in my heart that i didn't come forward sooner. if i hadn't had been so darn scared. >> what followed was other witnesses, each claiming they, too, saw mysterious cars either on or leaving the heath bar farm right around the time of the murder. >> i caught the glance of a black ford suv crossover vehicle. >> could have been a white car, green car, you know, it was just a light colored car. >> whoever killed car foley was either in one of those cars or all three of them participated 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. >> i didn't just 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 and look at me and hear me. >> tom started by answering still nagging questions lake how did a yellow plastic bag with shotgun shells in it get into the basement. >> did you have those bags in your home? >> yes. >> how do you explain the bag in the basement. >> they weren't ours. the bag is ours. my fingerprint is on the bag but for three clean shotgun shells to be in my basement, just doesn't make sense. >> you have no idea where those came from? >> absolutely not. >> tom said he's never owned or used a shotgun. >> never. wouldn't know how to operate it. wouldn't know the first thing about it. >> tom shafer then asked why tom failed to call his home when dar

didn't show up at the birthday celebration. >> something just wasn't right so that's why i went home. >> if we had cell phones, i would call her on the cell phone. i had to find her and go and see where she was at. >> then it was time for tom to describe his relationship with dar. it didn't take tom long to lose his composure. >> we were very close. and -- >> go ahead. >> we were together all the time. >> tom admitted to the jury he did once flirt with kerry zuk but he says that happened three years prior to the murder during a brief time when he and dar were arguing more than they were communicating. >> that put quite a bit of distance between us and it also led to intimacy problems between

her and i. >> tom eventually told dar about feelings for kerry and went to counseling to work on their communication problems. >> after those sessions, did things get better? >> absolutely. >> but then why was it so easy for tom to become intimate with mary crandle. >> this is like three weeks after dar died and you're in the house where dar died. >> yeah. >> what am i to think of that? >> think that i don't care about what had just happened to my wife. that's not true. i mean, if i go back and change it, i would, but i can't. >> this was an event that involved grief and a reaching out and it happened. >> do you love your wife? >> i love her very much. >> did you love her on february 7th, 2009?

>> 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 inadmissible. the jury never heard her challenge tom's claim that what the boys heard the day dar was murdered was him dropping a window frame. >> that was really his big play. that should have beenen colluded and was not. >> now with the evidence that was admitted and for the second time in two years, a jury was

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>> as he did in the first trial, attorney tom schafer prepared to address the jury for what he and his client tom foley hoped would be the last time. when your defense rested, were you comfortable? >> yes. >> you thought you were going to win? >> very much, yes. >> you thought that once before. >> yes, i did. >> apparently the theory the prosecution is that if a marriage ever has a bump in the road then that is a motive for murder. is it reasonable? i suggest not. >> tom foley, he says, had nothing to do with dar's death, but those mysterious cars did. >> those cars should not have been there. and the prosecution has not given you any explanation why they were there because there is no other explanation other than they had some connection with the death of dar foley. ladies and gentlemen of the jury, i submit to you there's more than reasonable doubt. i respectfully ask you to find tom foley not guilty.

>> then came prosecutor terri norris' turn, and she started by attacking the credibility of those witnesses who say they saw the cars. >> if you were to believe that all of these vehicles were there, there was a party at the foley home that day with a bunch of white cars and a black suv. that makes no sense whatsoever. none. >> terri norris wanted this jury thinking only one thing. >> who had the motive? it's tom foley. whose fingerprint was on the bag of shells in the basement? tom foley's. tom foley is guilty, and i'm asking you to bring back that verdict. >> the outcome of tom's second trial was far from certain. what worried you the most? >> just that he was such a nice guy that you would never have guessed he would have done something like that. >> he didn't seem like a murderer. >> right. >> and then at the fabled eleventh hour, it was time. the jury filed in. were they looking at you, the jurors? >> no, they weren't.

i took a couple deep breaths and i just -- >> 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, absolutely incredible. >> thank you, thank you, thank you! >> he collapsed to the floor and wept for 20 minutes. unbelievable. >> he got away with murder, but 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. you're 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 to go back and live with the man who 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 deserved that answer. all he could 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. >> you harbor any grudge because of this? >> all i can say is they made a mistake. that's all i'm asking, 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 evidence of anybody else ever having committed this crime. >> this boyhood hero wrote a whole new set of headlines as an adult, and coldwater may never be the same. as for those who remain convinced of tom's guilt, they cling to the memory of the one they lost and loved so much. they gather to release balloons in dar's honor. >> she loved to be the center of attention, so this is her -- her center of her attention. >> two, one! >> they rise closer to where she's at and hopefully she sees that we're thinking about her. we love you, dar! >> that's all for now.

i'm craig melvin. thanks for watching. this is a tragedy on top of a tragedy now. >> it happened so quickly. their parents in the backyard spa. their mom in trouble. >> my dad just panicked. >> a sudden slip, a fatal fall. >> you're losing your mother. watching her go. >> someone else was watching her, too. a curious neighbor just moments before witnessed something astonishing. >> it was scary. the look on his face was almost indescribable. >> what had she