Private detective testifies today for Tom Foley at his murder trial

OLDWATER — The retrial of Thomas Foley continued today with testimony from a private investigator hired by Foley’s attorney to help clear him of a murder charge.

Ken Koberstein told a courtroom this morning about several visits to Foley’s home on Girard Road in the months following Foley’s arrest for the murder of his wife, Dee Dee.

Testimony in the three-week-old trial could finish later today.

A jury found Foley guilty of the murder in late 2009. A second trial began this month after witnesses came forward saying they saw unfamiliar vehicles at the Foley home on Feb. 7, 2009. Dee Dee Foley was shot and killed while in the shower sometime that afternoon.

Koberstein testified to taking evidence from the home, including an empty Play Station 3 box. Foley told police that a Play Station 3 gaming system was taken from the home the day of the murder.

He also described his investigation into an application for a line of credit in Foley’s name submitted and approved after Foley was arrested. The investigation was ultimately a “dead end” after leading to man living in Brooklyn, N.Y., Koberstein said.

Testimony also came today from Jeanette Moor of Homer. Moor said she was driving to her daughter’s home at about 4:45 p.m. on the day of the murder when a white car nearly hit her while it was pulling out of the Foleys’ driveway.

“If I hadn’t braked, I would have hit him right in the door,” she said.

Moor said she waited until after Foley was found guilty to tell his family about what she’d seen out of fear that the unidentified man she saw driving the car would come after her.

“I was gonna call and then I got scared,” she said. “If he killed that lady and knows I’d seen him, what’s to keep him from killing me?”

Two people testified Wednesday to seeing a white car at the home the same afternoon.

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