. >> reporter: prosecutor terri norris agreed. >> who killed dar foley? >> tom foley.here is nobody else. >> reporter: 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. >> reporter: as before, the state opened its case with crime scene analysts. >> what is it that you found in the basement? >> i found a yellow dunham's bag located inside the dunham's bag were three shotgun shells. >> reporter: norris also showed the jury the foley's home phone records from around the time dar was killed. >> uh, there were no calls that either came in or left. >> your wife doesn't show up somewhere, why not call home and say, you know, "have you left yet?" "where are you?" "we're waiting for you." >> that's what i'd do. >> reporter: according to detective karbon, 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 tha