>> dar was not a domesticated person either. >> reporter: the foleys were married in 1994, and right from the start, dar took the lead. fair to say that she wore the pants in that house? >> i'd a probably 75%, 80% of the time she did. >> she was the breadwinner? >> yes. >> you stayed home and took care of your son? >> i did. >> reporter: heath was tom and dar's only child and the center of their lives. >> 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." 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. 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 the party later that afternoon. but dar never arrived. that gave you some sort of sixth sense that something wa

>> i wish i knew. >> reporter: but even without it, in march of 2009, one month after dar foley was gunnedhower, 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 of tom's arrest was almost as 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 to his son. >> reporter: police continued gathering evidence. ten days after tom's arrest, police brought heath

, either on or leaving the heath bar farm right around the time of the murder. >> whoever killed dar foley was either in one of those cars or all of three of them participated in this murder in some fashion. >> reporter: 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 wanted to convince the police. i wanted to convince my wife's family. at me and hear me. >> reporter: tom started by answering some still nagging questions like how did a yellow plastic bag with shotgun shells in it get into tom's basement. >> did you have dunham's bags in your home? >> yes. >> how do you explain the bag in the basement with the shotgun shells in it? >> they weren't ours. that bag is probably ours. i mean, my fingerprint's 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. >> reporter: tom said he's never owned or used a s

, either on or leaving the heath bar farm right around the time of the murder. >> whoever killed dar foley was either in one of those cars or all of three of them participated in this murder in some fashion. >> reporter: 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 wanted to convince the police. i wanted to convince my wife's family. i wanted them to know and look at me and hear me. >> reporter: tom started by answering some still nagging questions like how did a yellow plastic bag with shotgun shells in it get into tom's basement. >> did you have dunham's bags in your home? >> yes. >> how do you explain the bag in the basement with the shotgun shells in it? >> they weren't ours. that bag is probably ours. i mean, my fingerprint's 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. >> reporter: tom sa

because there is no other explanation other than that they had some connection with the death of dar foleyes and gentleman of the jury, i submit to you there's more than reasonable doubt. i respectfully ask you to find tom foley "not guilty." >> reporter: then came prosecutor terri norris' turn, and she started by attacking the credibiity 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 -- with a bunch of white cars and a black suv. that makes no sense whatsoever, none. >> reporter: terri norris wanted this jury thinking only one thing. >> who had the motive? it's tom foley. whose fingerprints were on the bag of shells in the basement? tom foley. >> tom foley is "guilty" and i'm asking you to bring back that verdict. >> reporter: 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 have never guessed that he would've done something like this. >> he didn't seem like a murderer. >> right. >> repor