Convicted murderer tom foley gets a new trial. That ruling released today by Calhoun County Judge Conrad Sindt, who Presided over Foley’s trial in Coldwater, where a jury the day after Thanksgiving last fall found him guilty of first degree murder in the shotgun slaying a year ago February of his wife Dee Dee at their home in Branch County’s Girard Township.
Foley sought a new trial based on several new witnesses who came forward soon after the verdict. The new information was presented during a pair of hearings in Sindt’s courtroom in Battle Creek. There was testimony about previously unreported vehicles seen leaving Foley’s driveway the afternoon of the murder.
Foley’s attorney Thomas Schaeffer also argued for a new trial because he said two of the new witnesses had contacted Michigan State Police with information on the case prior to Foley being found guilty but authorities failed to act on it.
Foley was sentenced to mandatory life without chance of parole. Schaeffer said he’ll be seeking to have a bond set for Foley so he might be able to be released from prison pending the new trial.
Mark Webb, Branch County’s Chief Assistant Prosecutor, said his office had no immediate comment since they’re still reviewing the 14-page opinion and also they want to talk with Dee Dee Foley’s family before releasing a statement. The Prosecutor’s Office may decide make a request to the State Court Of Appeals to overturn Sindt’s ruling.
