DETROIT, MI (WTVB) – The Michigan Court of Claims gave a conditional ruling in favor of Branch County and the State of Michigan on their motion for a summary disposition in Tom Foley’s suit which was filed in May under a state law which makes those who feel they were wrongfully imprisoned eligible to get $50,000 a year.
Judge Michael Talbot ruled on Wednesday that Foley failed to attach to his complaint all of the required documents.
Foley now has 21 days to file a conforming amended complaint.
The defendants argued that Foley failed to attach documents which demonstrates new evidence was presented to the jury in his retrial and that it led to his acquittal. The judge agreed with the defense that Foley’s documentation was lacking.
Foley was convicted in November of 2009 for killing his wife Dee Dee in their Girard Township home. After three post trial witnesses came forward and new evidence was presented, a second trial was ordered by Judge Conrad Sindt. Foley was then acquitted of the murder in July of 2011.
