released from prison and completed her parole three years later. and in 2015, a break for henry neumann, or was it? the georgia supreme court throughout his conviction, saying the trial court aired in admitting evidence protected by attorney client privilege. but, in a 2016 retrial, a jury found that heavy newman was guilty once again and this time his guilt was unqualified. jaime, the jurors decided was not mentally ill at the time of the crime. he was sentenced to life without parole plus five years. >> that is all for this edition of dateline, i'm craig melvin, thank you for watching. >> i'm craig, melvin i'm natalie, miles this is dateline. the first time i saw her, i thought she was beautiful. we just loved being together.

we were always together. >> our kitchen that door was open. glass was broken. >> i need an ambulance now. my wife. oh my god. >> it was him who found her. >> i don't know how to handle that. i wish i could've been there to protect her. >> a wife murdered, and later, a husband under suspicion. >> he was such a nice guy, that you would've never guess that he would've done something like that. >> you think you fake that burglary and killed his wife? >> yes. >> he wanted the house, he wanted her money and if he divorced or he would lose everything. >> in court, a stunning verdict. >> this could not be happening, i did not kill my wife. >> but more stunning still, was would 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, when her story be the ultimate twist? >> hello and welcome to dateline. it is a mystery people thought they had the answer to, the murder of a well-loved teacher and a close knit town with an hours police were on the scene, there would be unrest, a trial and a conviction. case closed, not on your life, because in the story, a bombshell came in after the verdict. here's john michael with. >> 9-1-1. >> i need an ambulance now. >> for 2009, michigan. >> what is the problem? >> my wife. >> your wife? >> yes. >> in one day, one moment. >> is she breathing? >> no. she's gone.

>> the innocent, simple life tom foley and his family once lived was gone forever. >> oh my god. oh my gosh. >> it was a moment tom foley never would've imagined, 23 years earlier. back then, number 30, scored the winning basket given his high school the regional title. >> he makes it with five seconds left. >> and earning young tom a place in cold waters basketball hall of fame. >> i have goose bumps just talking about it. >> it was like victory was snatched from the jaws of defeat and he came through with it. >> to what extent but were you known around here, like the kid who scored the winning shot. >> it went up for a long time, people would say remember when

you hit that shot? and now it's of course i remember. >> in 1991 the hometown hero started to date another hometown stand out, darling had a personality is because first while. >> the first time i saw her, she was playing softball, of course, and she had on these lime green specks, 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 loved spending time with one another. >> tom was the laid back, easy, darling was more type a. >> she had opinions, she let those be known. one of the reasons that i loved her, i still love heard today. >> still when her sisters

learned that they intended to marry, they were left scratching their heads. >> my famous saying was, there has to be something wrong with tom to stay with her. >> because you couldn't do? it >> no. >> you couldn't be around somebody who was that much the center of attention? >> and telling you what to do. >> she was not a domesticated person. >> the fully's were married in 1994, and right from the start, but she took the lead. >> is it fair to say that she wore the pants in that house? >> i'd say 75% of the time. >> she was the breadwinner? you stayed home and took care of your son? >> i did. >> keith was their only child and the center of their lives. >> we just love being together. we weren't together. >> and so the three foley's lived on the outskirts in an old farmhouse they called the heat 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 fully's were preparing to celebrate keith's tenth birthday out of friends house just down the road, dar needed to shower so tom, keith and a friend of keeps 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 six sense the something's wrong? >> yes. she was always on time or early two 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 glass was broken and the glass was all over the kitchen floor, so i look through the rest of the house for her. i ended up finding her in the bathroom.

>> it was a gruesome scene, dar lying in the shower, she had been shot in the head with a shot gun at point blank range. tom immediately called for help. >> what's the problem? >> my wife was in the shower. there is blood. >> first responders rushed to the fully farm. when michigan state police detective arrived at the scene, he knew he was in for a long night. >> we don't have a lot of homicides around here and because of her position as a schoolteacher, just from the number of people who knew her, it put her in a much more serious type investigation. >> detective carbon and his team of trooper scoured the crime scene, taking pictures and seizing evidence of what appeared to be a home burglary gone wrong. the first clue, the broken glass coming from the kitchen

floor window. >> it appears that a beer bottle was used to break that particular window. according to tom, jewelry and credit cards were missing, the family desk had also been disturbed and financial documents inside foregone. and then there was the medicine cabinet. >> it looked like someone had gotten and scooped of a shelf off of the metal sun cabinet. >> maybe they were looking for prescription drugs? >> potentially. >> but to detective carbon, the items missing warrant nearly as missing as what was left behind. expensive electronics were untouched, as was doris pursed found sitting on a hallway chair. >> it didn't make a lot of sense. >> neither did the use of a shotgun. >> it's large, potentially bulky, if you're going into break into something, you have to carry whatever you steal up with the shotgun that you brought also. >> it wasn't until the next day that the police found their

first significant piece of evidence. evidence that led the investigation in a whole new direction. down in the fully's dusty basement was a suspiciously dust free yellow plastic bags. >> coming up. >> i think they did a lot of things together. however don't consider them the picture perfect couple. >> when dateline continues. ontinues my husband and i have never been more active. shingles doesn't care. i go to spin classes with my coworkers. good for you, shingles doesn't care. because no matter how healthy you feel, your risk of shingles sharply increases after age 50. but shingrix protects. proven over 90% effective, shingrix is a vaccine used to prevent shingles in adults 50 years and older. shingrix does not protect everyone and is not for those with severe allergic reactions to its ingredients or to a previous dose. an increased risk of guillain-barré syndrome was observed after getting shingrix. fainting can also happen.

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on the 13th, friday the 13th, those unlucky to be sharing their grief over the woman they'd lost poured into union city high school auditorium. which turned out to be bigger to accommodate the more than 500 people who came to honor and love dar. >> she was so full of life and had a lot more to give. we can't bring her back. >> your wife has been killed and you have a ten-year-old son. >> yeah. >> what did you tell him? >> i told him that someone had hurt mommy. he goes and she in heaven? and i said yes. >> it seemed like no one could understand what had happened, including steve and joni pierce, close friends of both tom and dar who heard from the murder

from tom himself. >> i said the three of you were always together and he was crying and said i know, i know, i should've been her for her. and then i said, if you would've been the three of you, maybe you would've all been dead instead of just dar. >> just 24 hours into the investigation jim carbon had almost abandon the theory that this was a random act of violence. >> >> it appeared to me that this was a stage breaking and entering to try to hide a homicide that took place. >> but according to detective carbon, whoever staged a burglary didn't factor in the weather that day. >> it got really warm and there was a huge slow melting, the ground around the farmhouse was unusually wet and muddy. >> so you would expect there to be muddy footprints from inside the residence from somewhat come through that door? >> absolutely. >> and was there anything? >> there was nothing.

>> but it was the yellow bag found in the basement, the bad containing shotgun shells that interested carbon in the most. >> downstairs in the basement, okay, we found a bag that had some shotgun shells in it. >> okay. >> have you ever seen that before? >> no. >> fully didn't own a shotgun? >> that is correct. >> carbon set the back to the lab for analysis. and what's technicians found on the back surprised even this veteran detective. tom's fingerprints were on the bag? >> yes. >> suddenly detective carbon felt like he needed to take a closer look at tom 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 sister lynn in which she wants confided. >> she said that tom doesn't leave me anymore, he's going through his change of life --

>> his midlife crisis? >> yes. >> her sisters were becoming increasingly suspicious, especially they said after watching tom's behavior at dar 's funeral. >> it's all like he was relieved. >> there are a number of people that came up to me after the surface 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 keith 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 watchful eye on tom fully. he decided to interview the other fully he was at the farm the day star was killed. their son, keith. on that day keith and his friend skyler were inside the house playing video games. waiting to be driven to keith's birthday celebration.

>> did you see anything different or out of the ordinary or anything walking around? anybody come up to the door? and i think you could think of? >> not really. >> the detective also interviewed skyler who said right before leaving for the party, tom send 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 keith, skyler couldn't recall anything unusual about that day either, and then, suddenly, -- >> when we were outside across the barns, there was a big crash weigh in the back of the house. >> but did it sound like? >> it sounds like breaking glass or a bunch of things falling. like maybe a vase -- >> it was a loud sound? >> yes.

>> detective carbon showed skyler a drawing of the fully farm and asked skyler to place an x where he believed the sound originated. >> like, somewhere around here. >> skyler placed the ex just outside the first floor bathroom, the same room where dar fully had been shot. it >> appeared to us that skyler may have heard the shotgun blast that kills dar foley. detective carbon was also thinking this, the one other person in that house at that time was tom foley. >> coming up. >> he wanted the house, he wanted her money, if he divorced or he would lose everything. >> was that a motive and was tom foley the killer? when dateline continues. ntinues. -okay, and one more. -i think we got it. -yeah, let's focus on the rv. -rv?

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here's josh mankiewicz. >> from the mouths of babes or in this case one articulate ten year old boy. came would seem to be a case breaking revelation. >> it was a loud loud sound. >> the text of carbon believe

that ten-year-old scar lure wasn't your witness to the shotgun glass that killed jar. if it is true it means that she was killed earlier than -- it meant that tom foley was still in the house when the murder occurred. >> it was huge, it was very very important. >> but if tom foley was in that house and pull the trigger, the question remained, why? the answer said carbon was 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. >> and if you got $310,000 in assurance and got out of the marriage, the better. >> yes. >> the evidence against tom fully was circumstantial but compelling. you thank you for 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. >> but even without it, in march of 2009, one month after dar was gunned down in her shower, state police arrested tom foley and charged him with his wife's murder. >> i was like, this cannot be happening, why do you think i did this? i did not kill my wife. >> two of tom and dar friends, news of his arrest was almost a shocking as her death? could you conceive of tom wanting to killing his wife or the insurance money? >> absolutely not. he has never been 1 to 1 things, it's not like money was real valuable to him. >> you think they had a good marriage? >> yes, everything seemed to be 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 continue gathering evidence. ten days after tom's arrest, police brought key fully in for a second interview. and this time, keith did recall hearing a noise that day. >> when skyler talks about hearing this unusual sound, do you remember any of that? >> or neighbors just like, shoot guns. it was like, maybe a gunshot or some like glass broke. it was one of those two things maybe. >> according to tom, the sound keefe heard was nothing more than glass breaking. there are all barred windows that i was trying to clean out and i went to grab them and one of them slipped out of my grip and smashed on the back porch steps -- >> they made a lot of noise? >> yeah, it did. >> but detective carbon was in

buying tom's explanation. the boys were playing over by this barn? >> yes. >> and how far is that to the house? >> it's practically 75 yards. mr. fully claims he was dropping a window, but that's enough penetrated that far? >> in my opinion, that could've happened. >> police also say the 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 sisters the writing was on the wall, they were certain of their brother in law 's guilt. >> we went over every case we could come up with did not make it tom. >> i think tom resented dar. i think it 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 the house, he wanted keith, he wanted her money and if he divorced or he would lose

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 a judgment. defense attorney tom schaffer and defensive investigator. >> in their mind is always the boyfriend or the husband. >> or the person who tried to find the body? >> and in this case it was the husband. >> they wanted me bad. because what is easier for them? someone that they can physically see or go after someone that they cannot physically see? >> what is wrong with the idea that the money was a motive? >> absolutely not. we had a mortgage. to move on after all this was gonna take a how lot of then that. >> it felt like the evidence was going to prove that there

is absolutely no i was going to have 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 shocked. >> what was wrong with the jury? what they did they know that i didn't know. how could they convict a man on what they had. >> i knew that the conviction was meant for me, it meant a life without the possibility of parole. >> my sister is still dead. it still didn't bring her back. but i had a little bit of faith in the justice system. >> in the hours following the verdict it seemed like 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 out to turn around. >> then 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

fully. >> coming up. >> here's the killer. right there. she saw him. >> a bombshell from out of the blue. was there hope for a newly-convicted husband, when dateline continues. ontinues music (i swear) jaycee tried gain flings for the first time the other day...and forgot where she was. you can always spot a first timer. gain flings with oxi boost and febreze.

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happening. president biden on sunday announced a bipartisan bill that would extend the debt ceiling for the next two years. in exchange for a number of spending cuts. the bill is expected to go to the house wednesday evening. turkish president erdogan was declared the winner in the country's runoff election sunday. erdogan, who has been in power since 2003 staved off one of the strongest challenges to his leadership yet in turkey second round of voting. now back to dateline. now back to dateline >> welcome back to dateline, i'm craig melvin.

after the jury delivered a guilty verdict, tom foley faced life behind bars. then a stunning turn, just 24 hours later, a witnessed emerge that possibly setting free. once again, josh mankiewicz. >> only baseline jumper. he hits it with five. seconds >> 24 years after the one-time hometown hero named tom foley made coldwater history, and now convicted murderer of the same name sat behind bars awaiting his sentence. >> are you ready to spend the rest of your life in prison? >> no, absolutely not. >> to tom foley's attorney tom, and his private eye, the guilty verdict landed like a crushing blow. >> this is a grassroot who done it. and we thought we had shown

that it was in this person who had done it. >> i was devastated. i could've walked into a wall. >> but just one day after tom foley's conviction, a woman stepped forward. she had new 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. it looked like somebody was either high or running away from something. >> the woman with certain the driver was coming out of the heath borough farm, right around the time dar was murdered. and she was equally certain the driver looked nothing like tom foley. >> there is the color. right there. she saw him. person leaving our property. >> and 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, more than two hours of dar's murder. >> it was just one after another, and i was like, what is going on?

we're with these people before? >> the judge was about to sentence tom foley to life, wanted to hear what these new witnesses have to say. after a year of appeals that way all the way to the state supreme court, tom foley was granted something most people convicted of murder never received, a second chance. >> i was walking through the town hall in prison and somebody said, hey, tom i saw the news, what's for? well their >> -- news of a new trial didn't change the lives of dar's family. they remain convinced not only did tom kill dar, he did so on the day of his son's tenth birthday celebration. is tom cold-blooded enough to do something like that to his kids? >> 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 file back into the courthouse to one again deferment tom's feet. >> the circuit court is now again in session. >> as before, the state opened its case with the crime scene analysts. >> why is it that you found? >> all on a yellow downs. >> located in the bag was three shells. these are phone records -- >> norris also showed the jury the records from around the time dar was killed. >> there were no phone calls that either came in or left. >> your wife does a show of somewhere, why not call home and see, have you left at? where are you? we're waiting for? >> that's what i would. do >> according to detective carbon, tom did not bother calling dar at home because he knew dar was already dead.

then members of dar's step forward to testify that tom and dar's marriage was troubled, and that tom wanted out. >> he told me that his the wife is a very controlling and that it was wearing on him. and he did not 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 your full name for the record and spell your last name. >> carrie zuck. we carrie zuck thought at the same elementary school as. are known by the name as dee dee. >> he told me that he was thinking about leaving dee dee. >> according to carrie, tom also 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? >> marianne victoria crandall. >> out of the presence of the jury, marianne crandall told the court that like carrie zuck, she met tom through dar. a couples of weeks after dar's murder, marianne stopped by the farm to offer tom support. >> i don't mean to embarrass you but we did you have sex with tom? >> 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's murder at the house. >> but the jury never heard marianne crandall's testimony. because there was no indication of a romantic relationship prior to dar's murder, the judge ruled just as he did in the first trial, that her testimony was prejudicial and therefore inadmissible. it was a huge blow to the

prosecution's case. >> it supports the position that they weren't this deeply enough couple, but he kept trying to present. that would've proven that. >> but norris still had are two key witnesses, tom's own son and heath's friend. both two years older i know more certain than ever about what they saw and heard. the day dar was killed. >> last year at church cam, 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 scattered kind of ran into a wall. either that or a gunshot. >> you think the boys actually were, if not eyewitnesses, then ear witnesses. >> air witnesses saw happened. >> tom schafer knew that if he had any hope of getting tom foley acquitted, he'd need to prove the sound the boys heard was anything other than a

gunshot. just two weeks before trial began, while inspecting crime scene photos, schafer found may be the key to his clients freedom. >> as a tiny piece of evidence given tom's defense team a glimmer of hope? coming up. >> i said, is that what i think it is? it was one of these, holy crap. >> it was to us, just a perry mason moment. >> when dateline continues. ontinues no matter what type of dog you have... or, cat you have... frontline® plus lets you take them everywhere... no matter how you define it. frontline®. the #1 name in flea and tick protection.

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its case of her in hopes of convincing -- >> what middle way through tom foley's trial, the top at cold waters 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 overtime, both boys testimony had changed. and in significant ways. >> heath is now stating that a sounds like a gunshot. it's something he didn't say in the first interview. the same thing with skylar. heath's courtroom testimony left tom furious. not at his son, but at his accusers. people who had cleared for heath while tom was incarcerated. >> that 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 voice heard was tom dropping a window frame on the back porch, and not the fatal gun blast. four days after tom foley's arrests, schafer took a trip to the farm. >> a couple of perry mason moments, don't come very often. >> this is the frame we found. >> right work tom said he dropped the frame, found this tiny shirt of glass. immediately they try to match the shared with the frame. tom said he dropped. >> if you take the shard and inserted in with a few remaining intact, putty theories of the frame, you can see it fits perfectly. >> it was compelling evidence that tom may have been telling the truth. but schafer wouldn't lead more than a shred of evidence. he next call this woman. janette moore, the woman who came forward immediately following tom's guilty verdict.

and tom was ultimately granted a neutral. moore says 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 brought, i would've hit him. >> janette moore said she got a good look at the driver. >> it was a young, 18 to 20 year old kid. he had black here and his face was real white, and he was clenching the real, just like this. and 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 been so darn

scared. >> what followed was a succession of other witnesses, each claiming they too saw a mysterious car, either on or leaving that heath bar farm, right around the time of the murder. >> i call a glance of a forward, black ford, suv, crossover vehicle. >> it could've been a white car, green car, i don't know. it was just a light colored car. >> whoever killed dar 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, your honor. >> i just didn't want to convince the 12 jurors. i wanted to convince the prosecutor i, want to convince the police, i want 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 and it get into tom's basement? >> did you have guns and bags in your home. >> yes. >> how do you explain the bag in the basement, with a shotgun shells in? >> they were hours. that bag is probably hours. my fingerprints are on the bag. but three clean shotgun shells -- in my basement? it just doesn't make sense. >> you have no idea where those came from? >> absolutely not. >> tom said he has never owned or used a shotgun. >> never. we wouldn't know how to operate it. wouldn't know the first thing about it. >> tom schafer then asked why tom failed to call his home when dar didn't show up at the birthday celebration. >> something just wasn't right, that's why i went home. >> if we had cellphones, i would've called her on her cell phone. i had to find her. i had to go to 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 carrie zuck. but he said that happened three years prior to the murder, during a brief time when he and dar were arguing more than they were communicating. >> at that point, quite a distance bit of distance between us. it also led to intimacy problems between her and i. >> tom says he eventually told dar about his feelings for carrie. he also says he wants 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

marianne crandall so soon after dar's death? just three after dar died, and you're in the house were dar died -- what my to think of that? >> i think that i don't -- care about what just happened to my wife. that's not true. if i go back and change it, i would. but i can't. >> this was an event that involved grief and reaching out and it happened. do you love your wife? >> i love her very much. >> did you love her on february 7th, 2009? >> i very much. >> did you have anything to do with her death? >> not at all. >> before closing arguments, the prosecutor had one more car 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 --

>> out of the presence of a jury, dar's he's told the court that one week before dar was murdered. she went to the farm to babysit heath. >> she told us not to go on the back porch before without shoes, because tom had dropped a frame, and they might still be some glass 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 while the boys heard the day dar was murders, was him dropping the window frame. >> that should've been included and it was not. >> now with the evidence that was admitted, and for the second time in two years, a jury was about to decide tom foley's faith. >> coming up. >> he collapsed to the floor and wept for 20 minutes. unbelievable. >> when dateline continues.

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attorney tom shaffer prepared to address the jury for he and his client had hoped would be the last time. >> when your defense rested, were you comfortable? >> yes. you saw that you were going to win? >> very much. he thought that once before.

>> decided >> apparently the prosecution if a marriage or has a bump in the road, and that is a motive for murder. is it reasonable? >> i suggest not. tom foal he says had nothing to do with stars death. but those mysterious cars did. >> those cars should not have been there. had the and the prosecution has not given you anything explanation why they were there. because there is no other explanation other than that they had some connection with the death of dar foley. ladies and gentlemen of the jury, i submit to you -- i respect you ask you to find tom foley not guilty. >> then came prosecutor terri norris's turn. and she started by attacking the credibility of those witnesses who say they saw the cars. >> if you were to believe 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. tom foley is guilty. and i ask you to bring the back that verdict. >> the outcome of tom second trial was far from certain. what were you the most? >> just that he was such a nice guy that you would never have guessed that he would've done something like this. he >> didn't seem like murder? >> right. >> and then, at the fabled 11th hour, it was time. the jury filed in. >> were they looking at you, the jurors? >> no, they weren't. >> i talk a couple of the press 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 that type of tom at the time of the verdict -- >> 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 to go back and live with the man that killed your mother. >> yes, get it! >> tom regain custody of heath and said he treads very carefully when discussing that tragic day with his boy.

>> from him, 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 >> think 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. 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 brought a whole new set of headlines as

an adult. and cold water 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 center of her attention. >> it rises closer to wishes at. hopefully she sees that we are thinking about her. we love you dar. >> that's all for this edition of dateline. i'm craig melvin, thank you for watching. ng . >> this sunday, crisis in the court. trust in the supreme court has been declining for years and is now at a record low after the overturning of roe v wade, a stunning reversal ending 50 years of precedent. how much confidence do you have in the supreme court?