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Tom Foley to ask for compensation for time behind bars

Tom Foley is filing for compensation for the time he wrongfully spent behind bars in his wife's death.

COLDWATER, Mich. (NEWSCHANNEL 3) - Wednesday a West Michigan man convicted, retried and then cleared in his wife's murder will be back in court to ask for money for the time he wrongfully spent behind bars.

Tom Foley was convicted of killing his wife, Dar, in February of 2009. But later new evidence got him a new trial, where he was found not guilty and released from prison.

Now he could be eligible for a payout for the time he spent behind bars.

This is all part of the new Wrongful Imprisonment Compensation Act that was passed by state lawmakers last year. It gives people $50,000 for each year they wrongly spent behind bars.

Today the court of claims will hear Foley's case.

While he was the main suspect from the beginning, Foley was exonerated during his second trial and can never be retried in the case.

Foley tells us he's now dedicated to find who he calls "the real killer."

"It's been eight years. It's been eight years since she was killed and something needs to happen and it needs to happen now, " said Foley. "I've got my life back together but I still have this empty hole in my heart that, you know, this needs to happen. this needs to happen especially for Heath. Heath needs to know who is responsible for his mom being killed."

Foley's son Heath was only 10 when his mother was shot and killed in the shower in their Coldwater home.

This spring, Foley collaborated on a new book, hoping to clear up what he calls confusion about the case, and to lift the lingering cloud of suspicion over his head.

At the time, we reached out to the family of Dar Foley for comment on the book. They said in a statement, "It is no secret that the case is not being reinvestigated. Yet tom's only effort has been to push the authorities to find his wife's killer. The authorities that he is reportedly pushing are the same authorities that are confident he is guilty of murder. Now eight years later, with no real attempts to search for his wife's killer, he arrogantly writes a book exploiting her death."

Tom Foley will be in court in Detroit at 11 a.m. Wednesday morning.

He will be part of the first in a series of hearings to review his case and others for possible compensation for his time spent behind bars.

Stay with Newschannel 3 for updates.

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