tv Dateline NBC NBC December 28, 2015 12:40am-1:40am CST
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all right, zambrano,where did you hide that ledger? [indistinct chatter] [phone ringing] - maxine angelis. - max? quinn. how are you? - guess i was due for a tough day. - yeah, look, we're gonna have to use this thing to discredit you, everything you wrote about griffin. we're throwing you under the bus, max. sorry. - you're a true friend, quinn. glen. what can i do? - i think we've got it handled. we're moving the election off a-1 to make roomfor our retraction on zambrano. - i can write the retraction. - i'm afraidyou won't be writing anything
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- ms. angelis' futureas a journalist may be in doubt, but she's not done investigating. she's calling that disposable cell. - you have reached a voice mail box that has not been set up yet. [beep] - i don't know who you are, but i know what you did, and iknow where to find your name. and when i do, i will put a picture of you in handcuffs on the front page of this paper. - she's looking for that hr ledger. - then i need to get her to stop before she gets herself in trouble. [phone vibrating] - hello? - maxine, it's john. i thought maybe you could use a drink. - i was surprised to hear from you. there's generally no second date when the first one ends in homicide.
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and i wanted to see if i could help. - well, now that you mention it, i could use your accounting skills to just go through these records. here's everything i've got on zambrano. we're looking for anywhere zambrano might've-- - i think maybewe should just leave that for the proper authorities. - i put getting the scoopbefore getting the truth. and my arrogancecost a good man his life. now i can't--i can't do anything to fix that. but i sure as hell can catchthe bastard behind all of this. thanks for the beer. - maxine. maxine!
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i can't stop you from hurting or wanting to fix this. but i just don't want you to think you're alone. get down! - aah! - finch, i think the boss got maxine's message. i'm mary ellen, and i quit smokingwith chantix. i have smoked for thirtyyears and by taking chantix, i was able to quitin three months. and that was amazing. along with support, chantix (varenicline) is provento help people quit smoking. it absolutely reducedmy urge to smoke. some people hadchanges in behavior, thinking or mood, hostility,agitation, depressed mood and suicidalthoughts or actions while taking or afterstopping chantix. some had seizureswhile taking chantix. if you have any of these,stop chantix and call your doctorright away. tell your doctorabout any history of mental healthproblems, which could get worseor of seizures.
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- his, uh, treats are in there. so...that was interesting. maybe we should call the cops. - which ones? if hr's boss is still out there, i don't know who to trust. - any idea who was shooting at us? - no, but if they're trying to kill me, i must be doing something right. wow! guess your boring job pays all right. - i'm calling in sick tomorrow. i won't leave your side until this is over. - you're a good man, john anderson. - i'll sleep on the couch. - like i said, a good man. and if i wanna take my contacts out?
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- when were you ever going to need all those? you shouldn't have brought her back here, mr. reese. even the best cover just goes so deep. the longer she stays,the more questions she'll have. - imagine how many questions she'll have if she comes out and sees you here. - did you get a good look at themen that were shooting at you? - i tried,but they were shooting at me. i'll get into the pub's security system and see what i can find. i've got a lead, mr. reese. i got images of the shooters from the pub's security. then i found a photo sharing site that had a facial recognition app that was shut down by a lawsuit last year. i hacked in, turned the app back on, and identified our gunmen.
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- ex-fbi. agents bogle and pitt. they took early retirement last year. but if they've still got contacts at the bureau, i'd guess that they're the ones that told hr's boss about zambrano's ledger. - finch, i know you want me to keep my cover, but maxine needs to know what she's dealing with, and i need to be able to protect her. - calm down, john. i sent your girlfriend a textwith the same information, anonymously of course. - i need to talk to a friend of yours. - leonard pitt and craig bogle, forced out for harassmentand malicious prosecution. word is that they were in someone's pocket. they were using those badges todo favors for their real boss. - the man who got zambrano killed with one call from a disposable cell, the head of hr-- who is he? - there's some secrets that even i don't know. but you know who buysdisposables by the case-- criminals, sure. but also political campaigns. they're cheap, untraceable, anonymous.
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it can save their ass. - is this the kind of experience we want running our city? landon walker is the responsible, reliable choice for mayor. - zambrano gets killed forknowing the name of hr's boss five days before an election. are you telling methe boss is running for mayor? - i'm rendering an opinion. personally, i avoid politicians. they so rarely have any real power. you know, it's a pleasure meeting you. but it's a shame we never met. be good, john. - yes. okay, perfect. thank you so much. one of griffin's old opponents just confirmed being harassed by bogle and pitt during their campaign. if griffin's higher than before,
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- do you have enoughto unmask him on the front page? - i will never make that mistake again. i am not going to press until ihave that ledger in my hands. we just need to find where zambrano hid it. pretty smooth conning meinto a third date, by the way. - i like to think of it asa third attempt at a first date. - wait. wait. zambrano said that everybodythought he was a wise guy, and nobody ever lookedat the good things he did. if he were looking for a place to hide that ledger, maybe he would put it where he thought
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- zambrano's ledger. wanna find out who's running hr? - thanks, maxine. my boss has been looking all over for that. the flu virus. it's a really big deal. and with fever, aches, and chills, mom knows it needs a big solution: an antiviral. don't kid around with the flu, call your doctor within the first 48 hours of symptoms and ask about prescription tamiflu. attack the flu virus at its source with tamiflu, an antiviral that helps stop it from spreading in the body. tamiflu in liquid form is fda approved to treat the flu in people two weeks of age and older whose flu symptoms started within the last two days. before taking tamiflu tell your doctor if you're pregnant, nursing, have serious health conditions,
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- when i wind up dead, you think the police won't find your names in my notes, agent bogle? or is it mr. bogle now? and now you're doinga double homicide to shut me up. but when you get caught,will your boss even think twice before killing you to cover his tracks? who is your boss, by the way? should we open that ledger and find out? guess that's a "no comment." - nypd! drop your weapon! - fbi! we're here on official business. ms. angelis is a witnessin a homicide investigation. drop your guns! - you hear sirens, pitt? two nypd detectives just took a hot door without calling for backup. you're not hereon official business either.
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- so after that, we've got the fundraiser in midtown, and then we have to get there by 3:00. can we do that? yeah? [sirens wail] - landon walker! you're under arrest for receiving bribes, enterprise corruption, and conspiracy. you have the right to remain silent. - whoa, whoa, whoa. - anything you say can and will be used against you in a court of law. - so... you're off the hook. the boss is locked up. are we done here? - [laughing]
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- you want anything else from me... never mention my kid again. - i'm not a threat to your son, lionel. you are. - no bodies, no bullets. so this is what a normal date with you is like. - nice, isn't it? and i'm afraid it has to be our last. i like you, john. quite a bit actually. but i'm married to my work. and honestly, i still think you're a little hung up
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see ya. - so you're off to chase your man in the suit? - no, you were right. urban legend. and with the week i just had, if there really was a man like that, i think i'd have met him by now. - mr. reese, this may not be over. - you're paranoid, finch. - be that as it may... [toy squeaks] don't think we got the right guy. - walker was on hr's payroll. he'd have motive to want zambrano dead. - yes, yes, and he definitely hired pitt and bogle to hunt down maxine, but that's what troubles me. the head of hr is brilliant, not the type to hire a pair of washed up feds to gun down a reporter. and walker--i'm not convinced he has the cunning or the connections to mastermindsomething this complicated. - all right. if walker isn't the real head of hr,
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- the people of new york have spoken, and i'm proud to be your next mayor. - so you had walker on the payroll too, huh? hedging your bets. smart. remind me never to cross you, boss. - that's why i never put my name on the payroll. who needs moneywhen you have real power? the politicians come and go,
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another local standout named >> and we just loved being together. we were always together. >> reporter: 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'll see you later." >> reporter: on that day, the foleys were preparing to celebrate heath's 10th birthday at a friend's house just down the road. we w d a y to dar still needed to shower, so tom, heath, and a friend of heath's left without her. the plan was for dar to follow in her own car and meet them at t f h' the party later that afternoon. but dar never arrived.d. that gave you some sort of sixth sense that something was wrong? >> yes.
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to events.s.sh >> reporter: so tom left the party and headed back home in search of his wife. >> our kitchen back door was y an opened, and i noticed that the glass was broken, and there was glass all over our kitchen floor.en, anere so i looked through the rest of the house for her, and ended up finding her in our bathroom.r her, >> reporter: she had been shot in the head with a shotgun at point-blank range.in tom immediately called for help. >> what's the problem? >> my wife is in the shower. she's just laying there in the blood.st l >> reporter: first responders rushed to the foley farm. when michigan state police detective james karbon arrived on the scene, he knew he was in for a long night.mes kaas in >> we don't have a lot of homicides that happen in and around branch county, and because of her position as a ty, an schoolteacher, just for the number of people that knew her, sc that put it in a much more serious type investigation.
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and his team of state troopers >> scoured the crime scene taking pictures and seizing evidence of what appeared to be a home burglary gone wrong.ctur 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.w.>>t ap >> reporter: according to tom, jewelry and credit cards were missing.lry an the family desk had also been disturbed and financial documents inside were gone.urbed and then there was the medicine cabinet.and >> it looked like somebody had gone in and basically scooped a shelf off of the medicine ikped cabinet and its contents. >> reporter: like maybe they cont were looking for prescription drugs? >> potentially.ooki >> reporter: but to detective karbon, the items missing weren't nearly as telling as what was left behind.. expensive electronics were untouched as was dar's purse found sitting on a hallway chair.fo >> it just didn't make a lot of sense. >> reporter: neither did the usejust of a shotgun. >> it's large, potentially bulky.rge, p
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something, you have to carry whatever you steal out with this shotgun that you brought also. >> reporter: it wasn't until the next day that police found their first significant piece of >>ce fou evidence, evidence that led the investigation in a whole new direction. down in the foleys' dusty basement was a suspiciously "dust-free" yellow plastic bag. what was in the bag? >> three shotgun shells.s.wh >> when we come back -- police have some questions for the grieving husband.. >> we found a dunham's bag. >> okay. >> that had some shotgun shells in it.>> >> okay. >> you ever seen that before? >> no. >> and so does his wife's family. >> there were a number of people who were offended by his re w demeanor. phil! oh no... (under his breath) hey man! hey peter. (unenthusiastic) oh... ha ha ha!
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>> the funeral for dar foley was held on the 13th, friday the 13th. those unlucky enough to be sharing their grief over the woman they'd loved and lost poured into union city high school auditorium. no church, it turned out, was big enough to accommodate the more than 500 people who came to honor and remember dar. >> she was so full of life.
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and we can't bring her back. >> your wife's been killed, and you've got a 10-year-old son. what did you tell him? >> i told him that someone had hurt mommy, and he goes, "is she in heaven?" and i said, "yes." >> reporter: it seemed that no one in coldwater could comprehend what had happened including steve and joanie pierce, close friends of both tom and dar, who 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've been there for her." and then i said, "if you would've been, the three of you would be dead now instead of just dar." >> reporter: but just 24 hours into the investigation, detective jim karbon had almost abandoned the theory that this
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was a staged breaking and entering to try to hide a homicide that took place. >> reporter: but according to detective karbon, whoever staged the burglary didn't factor in the weather that day. >> it got really warm. we had a huge snowmelt off. >> reporter: the ground around the farmhouse was unusually wet and muddy. so you'd expect that there would be muddy footprints from inside the residence from somebody who had come through that door? >> absolutely. >> and was there anything or any footprints? >> there was nothing. >> reporter: but it was the yellow bag found in the basement, the bag containing shotgun shells, that interested karbon the most. >> downstairs in the basement. >> okay. >> we found a dunham's bag. >> okay. >> that had some shotgun shells in it. >> okay. >> have you ever seen that before? >> no. >> reporter: now, the foleys didn't own a shotgun, as far as we know? >> that's correct. >> reporter: karbon sent the bag to the lab for analysis, and what technicians found on the
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tom's fingerprint was on the bag? >> yes. >> reporter: suddenly detective karbon felt he needed to learn and take a closer look at tom foley 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. >> reporter: 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. >> reporter: dar's sisters were becoming increasingly suspicious, especially, they said, after watching tom's behavior at dar's funeral. >> it was 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
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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 that i've been through. >> reporter: maybe so, but detective karbon was keeping a very watchful eye on tom foley. he decided to interview the other foley who was at the farm the day dar was killed, tom and dar's son, heath. >> heath, like i told you, i'm detective sergeant karbon. >> reporter: he said that heath and his friend skylar wattie 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 you can think of? >> not really. >> okay. >> reporter: the detective also interviewed skylar wattie, who said right before leaving for the party, tom sent the two boys
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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. >> reporter: like heath, skylar couldn't recall anything unusual about that day either, and then suddenly -- >> yeah, when we were outside running across the barns, there was like a big crash like way in the back of the house. >> like what did it sound like? >> like breaking glass and a bunch of things falling like maybe a vase just -- >> it was a loud sound? >> yeah. >> reporter: detective karbon showed skylar a drawing of the foley farm and asked skylar to place an "x" where he believed the sound originated. >> like somewhere around in here. >> okay. >> reporter: skylar placed the "x" just outside the first floor bathroom, the same room where dar foley had been shot. >> it appeared to us that skylar wattie may have heard the
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murdered earlier than originally thought. more significantly, it meant tom foley was still in the house when the murder occurred. >> that lead was huge. it was very, very important. >> reporter: but if tom foley was in that house and pulled the trigger, the question remained, why? the answer, said karbon, is quite simple. murder for money? >> potentially yes. >> reporter: 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 happened. >> and if he got $310,000 in insurance money and got out of the marriage, so much the better? >> yes. >> reporter: the evidence against tom foley was circumstantial but compelling. you think he faked that burglary? >> yes. >> and killed his wife? >> yes. >> reporter: they never found the murder weapon. >> what do you think happened to the gun? >> i wish i knew.
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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 i did this?" i did not kill my wife. >> reporter: to tom and dar's close friends, the pierces, news stunning as the news of dar's death. >> could you conceive of tom either hating his wife so much that he wanted to kill her? >> absolutely not. >> never. >> or killing her for the insurance money? >> absolutely not. >> that would be stupid. she made good money. why kill the golden goose? >> you think they had a good marriage? >> yeah, i do. everything seemed to be going real good for them. >> reporter: 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 have done that
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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. >> it was like maybe a gunshot maybe or maybe some like glass broke, i don't know. it was one of those two things maybe. >> reporter: 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 i went to grab them and one of them slipped out of my grip, and it smashed on our back porch steps. >> and it made a loud noise? >> yeah, it did. yup. >> reporter: but detective karbon wasn't buying tom's explanation. the boys were playing over by this barn?
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house? >> mr. foley claims he was dropping a window. would that sound have penetrated that far? >> in my opinion that couldn't >> reporter: police also say they carefully searched that area around the back porch. >> there was no glass that we could see when we looked at the as well as the next day. >> reporter: for dar's sisters, the writing was by now 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. i think it 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.
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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 schaeffer and defense investigator ken koberstein. >> in their mind it's always the boyfriend or the husband. >> or the person who finds the body. >> which in this case? > was the husband and tom. >> they wanted me bad. because they -- what's easier for them to go after someone that they can actually physically see or someone they cannot actually physical si see. >> what's wrong with the idea that money was the motive? >> absolutely not. i mean, we had a mortgage. to move on after all this was gonna take a hell of a lot more than that. >> reporter: after two weeks of testimony, the jury had its verdict. >> i felt the evidence was going to prove that there's absolutely no way i had anything to do with this. >> reporter: 12 jurors didn't share that feeling. >> we the jury find the
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murder. >> i was just, "what." i was just shocked. >> what was wrong with the jury? what do they know that i don't know? how could they convict a man on what they had? >> i knew what a conviction was meant for me. life without the possibility of parole. >> my sister is still dead. it still didn't bring her back. but you had a little bit of faith in the justice system. >> reporter: in the hours following the verdict, it seemed everyone in coldwater was relying on faith. >> i said to myself, "god isn't gonna let me go to prison for the rest of my life." something had to turn around. >> reporter: 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 foley."
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jumper, 18. >> 24 years after the one-time hometown hero named tom foley made coldwater 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? >> no, absolutely not. >> reporter: to tom foley's attorney, tom schaeffer, and his private eye, ken koberstein, the guilty verdict landed like a crushing blow. >> this was a grassroot whodunit, and we thought we had shown that it wasn't this person who had done it. >> i was devastated.
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