. >> did you love her on february 720 7, twooun. >> 2009. >> very much so. >> did you have anything to do with her death. >> nothing at all. >> before closing arguments the prosecutor had one more. please state your full name for the record. >> amber. >> out of the presence of the jury, dar's niece told the court that one week before dar was murdered, she went to the farm to baby-sit heath. >> she told us not to go outside on the back porch with shoes. >> judge ruled amber's testimony was hearsay and therefore admissible. the jury never heard her challenge tom's claim. now, we see evidence that was admitted and for the second time in two years, a jury was about to decide tom foley's fate. >> my stomach was turning. i wasn't eating. i was physically sick. >> coming up. another verdict brings another shattering hotel. >> he collapsed to the floor and we went for >> as he did in the first trial, attorney tom shaffer prepared to address the jury for what he and his client, tom foley, hoped would be the last time. >> when your defense rested, were you comfortable? >> yes. >> you thought you