. >> prosecutor terry norris agreed. >> who killed dar foley? >> tom foley.ody 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. >> circuit court is again in session. >> as before, the state opened its case with the crime scene analysts. >> what is it that you found in the basement? >> on the yellow dunham's bag located inside the bag was three shotgun shells. these are phone records -- >> norris also showed the jury the foleys' 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 and say, have you left yet? where are you? we're waiting for you. >> that's what i would do. >> according to detective carbon, tom didn't bother calling dar at home because he knew dar was already dead. then members of dar's family stepped forward to testify that tom and dar's marriage was troubled and that tom wanted out. >> he told me that his wife is very controlling and that that was