Latest / FBI Files / He Was One of Delaware's Most Powerful Lawyers. A Cooler That Wouldn't Sink Ended Everything

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He Was One of Delaware's Most Powerful Lawyers. A Cooler That Wouldn't Sink Ended Everything · FBI Files

• 0:01
  Speaker 1: When a young woman vanished, family and friends discovered her
• 0:04
  Speaker 1: secret life. The political appointee carried on an illicit affair
• 0:09
  Speaker 1: with a wealthy married man. Investigators suspected that her ex-lover
• 0:15
  Speaker 1: was responsible. But they had little physical evidence to support
• 0:19
  Speaker 1: their theory. In order to bring him to justice, the
• 0:23
  Speaker 1: FBI would have to go undercover and turn brother against brother.
• 1:01
  Speaker 2: Power is a responsibility as well as a privilege. But
• 1:05
  Speaker 2: in the wrong hands, power can corrupt. This is especially
• 1:09
  Speaker 2: true in the legal community. For former Deputy Attorney General
• 1:12
  Speaker 2: for the state of Delaware, losing sight of his sworn
• 1:15
  Speaker 2: oath to uphold justice would prove lethal. I'm Jim Kallstrom,
• 1:19
  Speaker 2: former head of the FBI's New York office. When a
• 1:22
  Speaker 2: prominent attorney tried to put himself above the law, it
• 1:25
  Speaker 2: was up to the FBI to prove that justice is blind.
• 1:32
  Speaker 1: Philadelphia, Pennsylvania, Thursday, June 27th, 1996. At the upscale Panorama restaurant,
• 1:43
  Speaker 1: prominent Delaware attorney Thomas Capano, separated from his wife, dined
• 1:48
  Speaker 1: with his mistress Anne Marie Fahey, the appointment secretary to
• 1:51
  Speaker 1: the Delaware governor. Despite the candlelight and wine, her mood
• 1:58
  Speaker 1: was grim. Anne Marie told Capano she wanted to end
• 2:02
  Speaker 1: their relationship. Capano was furious with her decision. After dinner,
• 2:24
  Speaker 1: Capano drove Anne Marie to the Wilmington, Delaware house he
• 2:27
  Speaker 1: rented since leaving his wife. He insisted she come inside
• 2:33
  Speaker 1: to continue the conversation. He didn't want their affair to end.
• 2:51
  Speaker 1: Two nights later, Anne-Marie failed to show up for a
• 2:53
  Speaker 1: dinner party with her sister Kathleen. Concerned, Kathleen arranged to
• 2:59
  Speaker 1: meet the Delaware State Police at Anne Marie's flat. She
• 3:04
  Speaker 1: explained that no one had heard from the governor's secretary
• 3:07
  Speaker 1: since Thursday. They found unpacked, perishable groceries on the kitchen counter.
• 3:17
  Speaker 1: Kathleen called Michael Scanlon, a successful banker and Anne Marie's
• 3:21
  Speaker 1: close friend, to see if he had seen her. He
• 3:23
  Speaker 1: was supposed to pick her up for the dinner party,
• 3:26
  Speaker 1: but Anne-Marie never returned his calls.
• 3:28
  Speaker 3: Is that a character for her? He has everything always
• 3:31
  Speaker 3: put in its place. I just don't understand.
• 3:34
  Speaker 1: Anne-Marie's family knew her to be neat and orderly, yet
• 3:36
  Speaker 1: her apartment was in disarray. Shoes littered the bedroom floor
• 3:42
  Speaker 1: alongside her purse. An expensive pantsuit remained in its gift box.
• 3:50
  Speaker 1: A detective searched the purse. He found her wallet and ID,
• 3:54
  Speaker 1: though her keys were missing. Detective Robert Donovan of the
• 4:00
  Speaker 1: Wilmington Police was called to the scene and believed that
• 4:03
  Speaker 1: Ann Marie hadn't left the apartment on her own.
• 4:08
  Speaker 4: From the information that they're providing, they said she's not
• 4:10
  Speaker 4: the type of person to leave, go walking around the neighborhood,
• 4:15
  Speaker 4: or to go somewhere without letting somebody know where she's at.
• 4:18
  Speaker 4: Number one, Typical with a female, when she goes somewhere,
• 4:22
  Speaker 4: she takes her pocketbook, wallet, identification, something.
• 4:27
  Speaker 1: In the bedroom, Kathleen found a packet of letters from
• 4:30
  Speaker 1: a man named Thomas Capano. They professed his love for her.
• 4:37
  Speaker 1: Kathleen and Scanlon were perplexed. Anne-Marie had never even mentioned Capano.
• 4:44
  Speaker 1: Though Anne-Marie's sister had never heard of the man, Detective
• 4:47
  Speaker 1: Donovan certainly had. Thomas Capano was a powerful man in
• 4:52
  Speaker 1: the state of Delaware.
• 4:55
  Speaker 4: Tom Capano was extremely connected. He was, at one point,
• 4:59
  Speaker 4: he was number two man for the city of Wilmington.
• 5:02
  Speaker 4: He was head legal counsel for the governor for the state.
• 5:07
  Speaker 4: He was very close with a number of state representatives,
• 5:10
  Speaker 4: state senators, extremely close with some retired police chiefs for
• 5:14
  Speaker 4: the city of Wilmington.
• 5:17
  Speaker 1: Very influential. The detective found Anne-Marie's journal in the bedroom
• 5:22
  Speaker 1: and flipped to the last page. The diary entry evidenced
• 5:26
  Speaker 1: her relief at ending her love affair with Capano. It read,
• 5:30
  Speaker 1: I have finally brought closure to Tom Capano. What a controlling,
• 5:35
  Speaker 1: insecure maniac.
• 5:37
  Speaker 3: Doesn't look like a happy relationship, though. Not at all.
• 5:43
  Speaker 1: The officers paid a visit to Thomas Capano at 3.39 a.m.
• 5:49
  Speaker 1: Separated from his wife and the father of four daughters,
• 5:53
  Speaker 1: 47-year-old Capano was living in a rented house located only
• 5:56
  Speaker 1: minutes from Anne Marie's apartment. Capano confirmed that he had
• 6:05
  Speaker 1: a relationship with Anne Marie, but claimed that it was
• 6:08
  Speaker 1: long over. According to him, the couple had parted as friends.
• 6:15
  Speaker 1: He told the detectives that he had dinner with her
• 6:17
  Speaker 1: on Thursday night in Philadelphia. Afterwards, he brought her back
• 6:22
  Speaker 1: to his house briefly to give her a gift and
• 6:25
  Speaker 1: some groceries she needed. Then he took her home. When asked,
• 6:30
  Speaker 1: Capano claimed he had not seen Anne Marie since, nor
• 6:33
  Speaker 1: was he surprised that she was missing. Capano explained that
• 6:43
  Speaker 1: Anne Marie had Friday off. Perhaps she had decided to
• 6:46
  Speaker 1: go away for the weekend. He described her as moody
• 6:52
  Speaker 1: and at times suicidal. He suggested the police wait until
• 6:57
  Speaker 1: Monday morning when she would probably show up at work.
• 7:02
  Speaker 4: We then asked him if she, in fact, was at
• 7:03
  Speaker 4: his house, you know, and if he would have a
• 7:06
  Speaker 4: problem with us looking through his house. He stated that
• 7:12
  Speaker 4: he would have a problem because his children were with
• 7:14
  Speaker 4: him for the weekend and they were upstairs asleep.
• 7:17
  Speaker 1: On Monday, however, Ann Marie failed to show up for work.
• 7:22
  Speaker 1: Investigators returned to her apartment building and talked to her
• 7:25
  Speaker 1: downstairs neighbor. The neighbor had been away over the weekend,
• 7:31
  Speaker 1: but remembered hearing a single set of footsteps in Ann
• 7:34
  Speaker 1: Marie's apartment on Thursday evening at around 9.45. They seemed
• 7:41
  Speaker 1: heavier than usual, possibly a man's. She heard nothing more
• 7:45
  Speaker 1: after that night. State and local investigators checked Ann Marie's
• 7:58
  Speaker 1: bank and credit card accounts and found no activity after
• 8:01
  Speaker 1: June 28th. Friends and relatives reported they had not seen
• 8:06
  Speaker 1: or heard from her since that day. Apparently, Thomas Capano
• 8:13
  Speaker 1: was the last person to have seen Ann Marie Fahey.
• 8:21
  Speaker 1: Investigators traveled across the Delaware border to Pennsylvania to corroborate
• 8:25
  Speaker 1: Capano's story. They spoke to the waitress who served the
• 8:35
  Speaker 1: couple on June 27th at about 7 p.m. She remembered
• 8:39
  Speaker 1: the evening and recognized Thomas Capano and Anne-Marie Fahey from
• 8:43
  Speaker 1: the photos.
• 8:44
  Speaker 5: Yeah, that's her.
• 8:46
  Speaker 3: She wasn't really happy.
• 8:50
  Speaker 1: The waitress recalled that the pair seemed tense. Anne-Marie said
• 8:54
  Speaker 1: little and hardly touched her food. After she handed the
• 8:58
  Speaker 1: bill to Capano, he passed it to Anne-Marie who signed
• 9:01
  Speaker 1: his name on the charge slip. The waitress never overheard
• 9:06
  Speaker 1: any of their conversation since the couple stopped talking each
• 9:08
  Speaker 1: time she approached the table. Investigators met with several of
• 9:18
  Speaker 1: Anne-Marie's close friends who described an illicit affair that had
• 9:22
  Speaker 1: begun almost three years earlier. In 1993, 27-year-old Anne-Marie Fahey
• 9:30
  Speaker 1: met Thomas Capano in the governor's office. No, Tom Capano.
• 9:36
  Speaker 1: Despite her high-profile job, she was impressed by the powerful
• 9:39
  Speaker 1: lawyer and flattered when she caught his eye. Investigators learned
• 9:52
  Speaker 1: that while Capano showered Anne-Marie with expensive gifts, he only
• 9:55
  Speaker 1: romanced her in out-of-the-way places to avoid being seen. She
• 10:02
  Speaker 1: felt a strong attraction to the charismatic older man, but
• 10:05
  Speaker 1: feared her family's disapproval and kept the affair secret. As
• 10:11
  Speaker 1: months passed, Anne-Marie confided to her friends that Capano's charming
• 10:15
  Speaker 1: exterior belied an angry and manipulative man. He understood love
• 10:21
  Speaker 1: only in terms of control. She told her friends that
• 10:25
  Speaker 1: she couldn't trust him. By the spring of 1996, his
• 10:29
  Speaker 1: manipulation and anger had damaged their relationship beyond repair. Capano
• 10:34
  Speaker 1: told Ann Marie that he had separated from his wife
• 10:37
  Speaker 1: so they could stop hiding.
• 10:38
  Speaker 3: I don't even want to talk to you about this.
• 10:41
  Speaker 3: I don't even want to talk to you about this.
• 10:44
  Speaker 1: Ann Marie wanted out. Capano refused to let go. Detectives
• 10:54
  Speaker 1: learned that shortly before Anne-Marie disappeared, she began seeing Michael Scanlon,
• 10:59
  Speaker 1: who she found caring and stable. It was the relationship
• 11:07
  Speaker 1: that she had always hoped for. The prospect of a
• 11:15
  Speaker 1: marriage proposal seemed promising. Thomas Capano continued to pursue her.
• 11:25
  Speaker 1: Anne-Marie told friends that Capano was stalking her. She was
• 11:30
  Speaker 1: scared and wanted him out of her life. Capano refused
• 11:39
  Speaker 1: to accept the rejection.
• 11:41
  Speaker 4: Tom Capano had never been told no before. He thought
• 11:45
  Speaker 4: that he could control everything in his life and everything
• 11:48
  Speaker 4: in everybody else's life. Finally, somebody, Anne-Marie Fay, stood up
• 11:53
  Speaker 4: to him and told him, no, I've had enough. and
• 11:57
  Speaker 4: Tom couldn't handle it.
• 11:59
  Speaker 1: The Fahey family posted a $ 10, 000 reward for information relating
• 12:03
  Speaker 1: to Ann Marie's disappearance. Over the Fourth of July weekend,
• 12:08
  Speaker 1: hundreds of concerned citizens helped police conduct a massive search
• 12:12
  Speaker 1: of the local park where Ann Marie often jogged. The
• 12:15
  Speaker 1: governor himself joined.
• 12:16
  Speaker 6: In the hunt.
• 12:17
  Speaker 1: Thank you for everybody who knows and loves Ann Marie.
• 12:20
  Speaker 1: They found no trace of the missing secretary. The case
• 12:23
  Speaker 1: became a federal investigation since Anne Marie, a resident of Delaware,
• 12:27
  Speaker 1: was last seen in Pennsylvania. Special Agent Eric Alpert of
• 12:33
  Speaker 1: the FBI's Wilmington field office offered his help.
• 12:38
  Speaker 6: I contacted Robert Donovan, asked him if we could be
• 12:40
  Speaker 6: of any assistance.
• 12:41
  Speaker 1: He said we could.
• 12:43
  Speaker 6: At that point, we pulled telephone records and credit card records.
• 12:49
  Speaker 1: With the help of the U.S. attorney, Alpert secured credit
• 12:52
  Speaker 1: card statements and phone records belonging to Thomas Capano and
• 12:55
  Speaker 1: Anne Marie Fahey. Assistant U.S. Attorney Colm Connolly noticed that
• 13:01
  Speaker 1: Capano made a $ 308 purchase at Wallpaper Warehouse just two
• 13:06
  Speaker 1: days after Fahey disappeared.
• 13:07
  Speaker 7: I thought that was odd because Tom Capano was living
• 13:12
  Speaker 7: in a rental house, so I called the number for
• 13:14
  Speaker 7: Wallpaper Warehouse.
• 13:15
  Speaker 3: The person answered the phone and said, Air Base Carpets.
• 13:19
  Speaker 7: I turned to Bob Donovan right away, and we both
• 13:21
  Speaker 7: had the same reaction, which was, my God, he must
• 13:24
  Speaker 7: have rolled her up in a carpet.
• 13:27
  Speaker 1: Investigators now believe that Thomas Capano killed Ann Marie Fahey,
• 13:31
  Speaker 1: but they needed more than a hunch to convince a
• 13:33
  Speaker 1: judge there was probable cause for a warrant to search
• 13:36
  Speaker 1: Capano's house. In July of 1996, agents and local detectives
• 13:46
  Speaker 1: focused on attorney Thomas Capano who they suspected was responsible
• 13:50
  Speaker 1: for the murder of his former mistress, Anne-Marie Fahey. Two
• 13:54
  Speaker 1: days after she vanished, Capano had purchased a new carpet.
• 13:59
  Speaker 1: Her assistant U.S. attorney, Colm Connolly, had raised suspicions that
• 14:02
  Speaker 1: Capano had concealed Anne-Marie's body in a rug and removed
• 14:06
  Speaker 1: it from his house.
• 14:09
  Speaker 7: Up until that point, we had probable cause to believe
• 14:12
  Speaker 7: that Tom Capano had played a role in the disappearance
• 14:15
  Speaker 7: of Anne-Marie Fahey. But what we didn't have was probable
• 14:18
  Speaker 7: cause that we'd find evidence in his house.
• 14:24
  Speaker 1: Hoping to establish probable cause in order to obtain a
• 14:27
  Speaker 1: search warrant, investigators learned that Capano's housekeeper had cleaned his
• 14:31
  Speaker 1: home four days before Anne Marie's disappearance. She added that
• 14:36
  Speaker 1: Capano canceled her service the following week, claiming that the
• 14:40
  Speaker 1: house didn't need cleaning since his children hadn't stayed over.
• 14:45
  Speaker 1: The detective quickly noted the inconsistency in Capano's story. On
• 14:49
  Speaker 1: the night he was questioned in his home, the attorney
• 14:52
  Speaker 1: claimed his children were upstairs asleep. Three weeks later, the
• 14:56
  Speaker 1: housekeeper returned to the residence and noticed something that struck
• 15:00
  Speaker 1: her as odd. The loveseat and carpet from the living
• 15:04
  Speaker 1: room were gone. In their place sat two chairs and
• 15:08
  Speaker 1: a brand new carpet. This simple observation gave Assistant U.S.
• 15:13
  Speaker 1: Attorney Colm Connolly all he needed to move forward.
• 15:19
  Speaker 7: So when you combine the rug and the couch with
• 15:22
  Speaker 7: Tom Capano's statement that he had brought Anne Marie to
• 15:26
  Speaker 7: his home on the evening of June 27th, and you
• 15:29
  Speaker 7: combine that with all the other evidence we knew about
• 15:31
  Speaker 7: their tumultuous relationship, we now were armed with probable cause
• 15:36
  Speaker 7: to get a search warrant for his house.
• 15:40
  Speaker 1: Connolly and FBI agent Eric Alpert prepared an airtight 37-page
• 15:45
  Speaker 1: search warrant for Thomas Capano's Wilmington home, serving it on
• 15:49
  Speaker 1: July 31, 1996. Detective Robert Donovan didn't know what they'd find,
• 15:56
  Speaker 1: but they knew where to look.
• 15:59
  Speaker 4: We searched the entire residence, but we took special attention
• 16:03
  Speaker 4: to this room, the great room area, because we believed that.
• 16:08
  Speaker 3: Emery Fahey was murdered in that room.
• 16:12
  Speaker 1: The team found the two chairs and new carpet described
• 16:15
  Speaker 1: by the housekeeper. They moved them to see what might
• 16:18
  Speaker 1: be hidden underneath.
• 16:20
  Speaker 3: Hey, careful with the furniture. You don't have to destroy the.
• 16:30
  Speaker 1: Place. The floor was clean. On the baseboard nearby, agents
• 16:34
  Speaker 1: found something promising. Barely visible to the untrained eye, they
• 16:40
  Speaker 1: saw two brown spots that appeared to be dried blood.
• 16:44
  Speaker 1: Agents retrieved samples by swabbing the area with a mild
• 16:47
  Speaker 1: saline solution. Investigators hoped the FBI lab in Washington, D.C.
• 16:55
  Speaker 1: could provide stronger forensic evidence from the samples. For DNA
• 17:02
  Speaker 1: lab examiner Alan Giusti, testing the recovered material presented a challenge.
• 17:08
  Speaker 5: The items themselves are not very large. The stains were
• 17:11
  Speaker 5: actually fairly small. And because of that, we have to
• 17:14
  Speaker 5: be careful because our test will consume part of a
• 17:17
  Speaker 5: stain to test to determine if it's blood.
• 17:21
  Speaker 1: Justy performed a Castle-Meyer test. This test requires only a
• 17:26
  Speaker 1: pinhead-sized specimen. He applied the chemical phenolphthalein, which turns pink
• 17:31
  Speaker 1: when mixed with blood. The test worked. For Agent Eric
• 17:43
  Speaker 1: Alpert and the team, the discovery was important.
• 17:47
  Speaker 6: This is very significant because at this point we had
• 17:51
  Speaker 6: no murder weapon and had no other physical evidence in
• 17:54
  Speaker 6: the case, so finding blood was very important to us.
• 17:58
  Speaker 6: We needed to find whose blood that was and whether
• 18:00
  Speaker 6: it matched Anne-Marie Fahey's blood.
• 18:04
  Speaker 1: It was impossible to determine whether the blood belonged to Anne-Marie.
• 18:07
  Speaker 1: without DNA samples from her or her parents. Samples from
• 18:12
  Speaker 1: her siblings would be too disparate to provide solid results. Unfortunately,
• 18:18
  Speaker 1: Anne Marie's parents were deceased. Anne Marie's brothers and sisters
• 18:25
  Speaker 1: provided investigators with a possible lead. A check of the
• 18:30
  Speaker 1: missing woman's calendar book revealed that she had given blood
• 18:32
  Speaker 1: a month before she disappeared. Agents went to the blood
• 18:37
  Speaker 1: bank to subpoena the sample. It was too late. Her
• 18:44
  Speaker 1: blood had been reduced to plasma and shipped overseas. There
• 18:48
  Speaker 1: was only a slim chance it could be retrieved. Worse yet,
• 18:53
  Speaker 1: DNA-rich red and white blood cells had been removed, and
• 18:56
  Speaker 1: extracting DNA from plasma alone is next to impossible. As
• 19:04
  Speaker 1: the investigation slowly moved forward, Thomas Capanu continued to live
• 19:09
  Speaker 1: a life of ease. As the eldest of four brothers,
• 19:20
  Speaker 1: he had always been his parents' favorite and the son
• 19:23
  Speaker 1: who had achieved success in all he sought. Thomas' brothers
• 19:28
  Speaker 1: had always looked up to him. Jerry, the youngest, had
• 19:31
  Speaker 1: been rescued many times by his older brother's legal expertise.
• 19:38
  Speaker 1: Joseph ran the family construction company, while Lewis managed the
• 19:42
  Speaker 1: family's considerable real estate holdings. The Capanos were multi-millionaires. and
• 19:50
  Speaker 1: seemed impenetrable. Investigators learned early on that Thomas Capano's family
• 19:55
  Speaker 1: and friends were unlikely to cooperate.
• 19:57
  Speaker 4: We spoke with an awful lot of people, an awful
• 20:02
  Speaker 4: lot of people that are very influential that just would
• 20:06
  Speaker 4: not believe that Tom Capano was capable of murder. and
• 20:11
  Speaker 4: were mad at us for investigating. Were mad that we
• 20:15
  Speaker 4: believed he was, in fact, a murderer. That was frustrating
• 20:21
  Speaker 4: because it was tough to get anybody that was cooperative.
• 20:29
  Speaker 1: The team believed that if Capano killed Anne Marie, someone
• 20:32
  Speaker 1: close to him probably helped dispose of the body. But
• 20:37
  Speaker 1: no one was talking. With no body, no DNA sample,
• 20:45
  Speaker 1: no murder weapon, and no cooperation from his cohorts, the
• 20:50
  Speaker 1: federal case against Thomas Capano was weak. On August 6th,
• 20:56
  Speaker 1: Agent Alpert received a call from Sean Taylor, a project
• 21:00
  Speaker 1: manager in Lewis Capano's development company. Taylor knew something he
• 21:05
  Speaker 1: believed might interest investigators. He agreed to meet agents and
• 21:11
  Speaker 1: detectives in a secure location, fearing what would happen to
• 21:14
  Speaker 1: him if the Capano brothers found out he was talking
• 21:16
  Speaker 1: to authorities. He described an unusual event that occurred the
• 21:21
  Speaker 1: day after Ann Marie was reported missing.
• 21:29
  Speaker 6: He advised us he was a project manager at one
• 21:31
  Speaker 6: of the Louis Capano and Associates construction sites. He stated
• 21:34
  Speaker 6: that he was ordered on July 1st, the Monday after
• 21:37
  Speaker 6: Ann Marie Fahey's disappearance, to have four dumpsters on the
• 21:40
  Speaker 6: property pulled and dumped. And he felt that was strange
• 21:43
  Speaker 6: because none of them were full and it would be
• 21:46
  Speaker 6: very out of character to do that because of the
• 21:49
  Speaker 6: cost of dumping something like that.
• 21:51
  Speaker 1: This reinforced the investigator's suspicion that Thomas Capano had helped
• 21:57
  Speaker 1: disposing of Anne Marie's body. Lewis Capano's development company was
• 22:07
  Speaker 1: served with a subpoena for the dumpster records. as investigators
• 22:11
  Speaker 1: began to turn up the heat on the powerful Capano family.
• 22:17
  Speaker 1: They hoped one of the brothers would turn against Thomas
• 22:22
  Speaker 1: and tell authorities about Anne Marie's disappearance. The solid bonds
• 22:29
  Speaker 1: between brothers began to strain. But Thomas managed to keep
• 22:34
  Speaker 1: everyone in line. Under oath, Lewis denied that he had
• 22:38
  Speaker 1: ordered the dumpsters emptied. Undaunted, investigators continued to pursue their
• 22:47
  Speaker 1: best lead.
• 22:50
  Speaker 7: So we traced that dumpster. We went to the hauling company.
• 22:55
  Speaker 7: And we found out exactly when the dumpster had been removed.
• 22:58
  Speaker 7: We found out the dump that it had been brought to.
• 23:00
  Speaker 7: And we went to that dump site.
• 23:04
  Speaker 1: In the middle of August, an evidence recovery team arrived
• 23:07
  Speaker 1: at the Delaware landfill. Workers pointed out the area where
• 23:12
  Speaker 1: the dumpsters had been emptied. The recovery team searched for
• 23:19
  Speaker 1: anything that could be traced back to Thomas Capano's home.
• 23:24
  Speaker 6: We were looking for the carpeting, the love seat, possibly
• 23:28
  Speaker 6: a murder weapon, and also possibly Anne-Marie Fahey's body.
• 23:33
  Speaker 1: For four hot, grueling days, FBI agents scoured the landfills.
• 23:41
  Speaker 1: They found nothing. The investigators finally walked away, tired and frustrated.
• 23:49
  Speaker 1: Despite their strong suspicions, they didn't have enough evidence to
• 23:52
  Speaker 1: bring charges. To agents, detectives, and prosecutors, it looked as
• 23:59
  Speaker 1: if Thomas Capano had gotten away with the perfect murder.
• 24:07
  Speaker 1: In August 1996, FBI agents and Delaware authorities continued to
• 24:12
  Speaker 1: pursue evidence against Thomas Capano for the murder of his
• 24:15
  Speaker 1: former mistress, Anne Marie Fahey. She had been missing for
• 24:21
  Speaker 1: eight weeks and was presumed murdered by her wealthy ex-lover.
• 24:27
  Speaker 1: As FBI agent Eric Alpert explains, investigators had no physical
• 24:31
  Speaker 1: evidence to support their theory.
• 24:34
  Speaker 6: There were several challenges in this investigation. We had no
• 24:38
  Speaker 6: murder weapon, no true crime scene, no body, and no
• 24:43
  Speaker 6: witnesses who would come forward and give us information as
• 24:46
  Speaker 6: to what had happened.
• 24:50
  Speaker 1: On September 6th, investigators received the call they were hoping for.
• 24:55
  Speaker 1: The blood plasma Anne Marie had donated a month before
• 24:58
  Speaker 1: her disappearance had been recovered just before it reached its
• 25:01
  Speaker 1: European destination. Agents needed a known sample of Anne Marie's
• 25:08
  Speaker 1: DNA to compare to the unknown sample from the blood
• 25:11
  Speaker 1: spots found in Capano's house. But DNA lab examiner Alan
• 25:17
  Speaker 1: Giusti didn't know if the plasma would be sufficient.
• 25:21
  Speaker 5: The problem with extracting DNA from plasma is that plasma
• 25:25
  Speaker 5: is the portion of blood that is separated from the
• 25:27
  Speaker 5: blood cells, and the blood cells are what contain the DNA.
• 25:30
  Speaker 5: So when you're working with plasma, you're actually working with
• 25:33
  Speaker 5: a very poor source of DNA.
• 25:37
  Speaker 1: To his surprise, he found residual red blood cells in
• 25:40
  Speaker 1: the plasma. This enabled Giusti to retrieve a small amount
• 25:45
  Speaker 1: of Anne-Marie's DNA. He compared her DNA sequence to the
• 25:51
  Speaker 1: sequence from the unknown source. They matched. There was only
• 26:04
  Speaker 1: a minute chance that the blood spots from Capano's house
• 26:07
  Speaker 1: did not belong to Anne-Marie Fahey. Investigators now had the
• 26:17
  Speaker 1: first piece of physical evidence they needed to support their
• 26:20
  Speaker 1: suspicion that Thomas Gepano had committed murder. They knew they
• 26:25
  Speaker 1: needed more. Gepano's cell phone records revealed that he had
• 26:31
  Speaker 1: called a woman named Debbie McIntyre from Stone Harbor, New
• 26:34
  Speaker 1: Jersey on June 28th, the morning after Anne Marie disappeared.
• 26:42
  Speaker 1: Investigators learned that Debbie McIntyre was yet another one of
• 26:45
  Speaker 1: Capano's mistresses.
• 26:48
  Speaker 6: We saw that they called each other frequently, but we
• 26:50
  Speaker 6: weren't sure about their relationship. From doing further interviews, we
• 26:54
  Speaker 6: found that Thomas Capano and Debbie McIntyre had been having
• 26:57
  Speaker 6: an affair for approximately 12 years. So at the same
• 27:01
  Speaker 6: time when he was having an affair with Anne-Marie Fay,
• 27:02
  Speaker 6: he was also having an affair with Debbie McIntyre.
• 27:07
  Speaker 1: Agents also learned that Jerry Capano, the youngest brother, had
• 27:10
  Speaker 1: owned a boat anchored in Stone Harbor. Detective Robert Donovan investigated.
• 27:21
  Speaker 4: We found out that Jerry Capano had sold this boat locally.
• 27:24
  Speaker 4: Somebody locally purchased it. We were able to track that
• 27:28
  Speaker 4: down and spoke with a gentleman and looked at his boat.
• 27:33
  Speaker 1: They scoured the boat for traces of Anne Marie, but
• 27:35
  Speaker 1: found nothing. the new boat owner told investigators that Jerry
• 27:41
  Speaker 1: Capano had sold the boat without anchors. They suspected that
• 27:45
  Speaker 1: the anchors were now at the bottom of the ocean,
• 27:47
  Speaker 1: wrapped around Anne Marie's body. Assistant U.S. Attorney Colm Connolly
• 27:53
  Speaker 1: and his team turned their attention to Jerry Capano.
• 27:57
  Speaker 7: And so, beginning back in November of 96, we put
• 28:00
  Speaker 7: in place this undercover operation with the idea that we
• 28:04
  Speaker 7: would gather incriminating.
• 28:05
  Speaker 3: Evidence of Jerry's activities and.
• 28:08
  Speaker 7: any other information we could gain about his role on
• 28:12
  Speaker 7: June 28th in disposing of the body.
• 28:23
  Speaker 1: If agents gathered enough evidence to bring federal charges against Jerry,
• 28:27
  Speaker 1: they could pressure him to talk about his brother's role
• 28:29
  Speaker 1: in the murder. For 11 months, undercover agents tracked Jerry's
• 28:35
  Speaker 1: every move. They learned that he frequented bars and nightclubs
• 28:39
  Speaker 1: and used illegal drugs. They also learned that he collected firearms,
• 28:46
  Speaker 1: a federal crime for a known drug user.
• 28:51
  Speaker 5: On the evening of October 9th, 1997, 15 months after
• 28:54
  Speaker 5: the disappearance of Anne-Marie Fahey, the.
• 28:56
  Speaker 1: FBI assisted by the ATF, raided Jerry Capano's house. He
• 29:13
  Speaker 1: was caught completely by surprise. A friend with a criminal
• 29:18
  Speaker 1: record stood with him in the garage. If agents found
• 29:25
  Speaker 1: illegal narcotics stored in the same house as Jerry's weapons,
• 29:29
  Speaker 1: they'd have the physical evidence needed to leverage his cooperation.
• 29:34
  Speaker 1: They found a small arsenal of guns stored in the
• 29:36
  Speaker 1: bedroom closet of Jerry's three-year-old son. Agent Alpert searched the
• 29:42
  Speaker 1: laundry room near the kitchen. He dug through the pockets
• 29:47
  Speaker 1: of Jerry's clothes. Jerry's collection of rifles and handguns wasn't
• 29:55
  Speaker 1: illegal per se, unless they found illicit drugs on the premises.
• 30:02
  Speaker 1: Agent Alpert found them. He recovered cocaine and marijuana. Now
• 30:10
  Speaker 1: investigators had what they needed to charge Jerry Capano with
• 30:13
  Speaker 1: felony firearms violations. They could also levy child endangerment charges.
• 30:19
  Speaker 1: They did neither. Prosecutors would offer immunity if Jerry would
• 30:27
  Speaker 1: testify against his brother Thomas.
• 30:33
  Speaker 7: We did not believe Jerry had any role in the
• 30:35
  Speaker 7: murder of Anna Marie Fahey. We only believed he had
• 30:37
  Speaker 7: a role in the cover-up, the disposal of evidence. And
• 30:42
  Speaker 7: we also knew he was very loyal to his brother.
• 30:45
  Speaker 7: He almost viewed his brother as a father figure. But
• 30:48
  Speaker 7: at the same time, he had a wife, he had children,
• 30:51
  Speaker 7: he had a pretty good life, a life that he
• 30:54
  Speaker 7: probably wouldn't want to give up to go to jail.
• 30:58
  Speaker 7: And that was the card that we had to play.
• 31:00
  Speaker 3: I mean, they've come.
• 31:01
  Speaker 1: Through the entire house. After the raid, the FBI allowed
• 31:04
  Speaker 1: Jerry Capano to consider all that was at stake. He
• 31:14
  Speaker 1: was forced to choose between his brother and his wife
• 31:17
  Speaker 1: and children. The pressure upon Jerry Capano was enormous. Not
• 31:26
  Speaker 1: only was he one of Thomas Capano's closest allies, he
• 31:29
  Speaker 1: was his brother. Investigators weren't certain if Jerry would crack.
• 31:35
  Speaker 1: Even if he did, they had no way of knowing
• 31:38
  Speaker 1: if he could help them bring the powerful Thomas Capano
• 31:41
  Speaker 1: to justice. A year and a half after the disappearance
• 31:49
  Speaker 1: of Anne-Marie Fahey, Jerry Capano asked to see the FBI
• 31:53
  Speaker 1: and U.S. Attorney Colm Conway on November 8, 1997. Federal
• 32:01
  Speaker 1: authorities had threatened Jerry Capano with federal firearm charges if
• 32:05
  Speaker 1: he did not cooperate with their investigation. They suspected Jerry
• 32:12
  Speaker 1: had helped his brother, Thomas Capano, dispose of Anne Marie's
• 32:15
  Speaker 1: body in the Atlantic Ocean. With legal counsel by his side,
• 32:22
  Speaker 1: Jerry related his involvement in the incident. It began months
• 32:27
  Speaker 1: before Anne Marie's June 28th disappearance. Early in 1996, his
• 32:34
  Speaker 1: brother Thomas came to him with a problem. Jerry told
• 32:38
  Speaker 1: Agent Eric Alpert that he didn't realize Thomas had lied
• 32:41
  Speaker 1: to him.
• 32:43
  Speaker 6: In February 1996, Thomas Capano went to his brother Jerry
• 32:47
  Speaker 6: and told him that he was being extorted, that somebody
• 32:49
  Speaker 6: was threatening his children. He asked Jerry to get him
• 32:52
  Speaker 6: some cash to help pay the extortionists. He also asked
• 32:55
  Speaker 6: Jerry for a gun. and said that he might need
• 32:59
  Speaker 6: Jerry's help someday with the boat to dispose of the
• 33:03
  Speaker 6: extortionist's body.
• 33:05
  Speaker 1: Jerry provided Thomas with $ 8, 000 and the gun he asked for.
• 33:11
  Speaker 1: Thomas returned the weapon a month later, telling Jerry the
• 33:14
  Speaker 1: money was enough. He didn't need the gun after all.
• 33:18
  Speaker 1: He heard little else about Thomas' problem until Friday, June 29, 1996.
• 33:21
  Speaker 1: I got a call from Tom. Early in the morning,
• 33:28
  Speaker 1: Jerry stepped out of his house to find his older
• 33:31
  Speaker 1: brother parked at the end of the driveway. Thomas looked upset.
• 33:35
  Speaker 3: Six o'clock in the morning, Tom.
• 33:36
  Speaker 1: What are you doing here?
• 33:37
  Speaker 3: Jerry, I need your help. Hey, Jerry, I need you
• 33:38
  Speaker 3: to get the boat.
• 33:39
  Speaker 1: I don't want to be part of it.
• 33:42
  Speaker 7: Jerry knew as soon as Tom asked to use the
• 33:44
  Speaker 7: boat that Tom had been involved in the killing of somebody.
• 33:50
  Speaker 3: And Jerry said to Tom, did you do it? And
• 33:53
  Speaker 3: his brother said yes. And Jerry said he didn't want
• 33:58
  Speaker 3: to have any part in getting rid of the body.
• 34:01
  Speaker 3: And he refused to give up the boat. He said
• 34:04
  Speaker 3: he had a wife, he had kids, he had a
• 34:06
  Speaker 3: beautiful home. And Tom played the brother card.
• 34:11
  Speaker 7: Tom said, I have nobody else to turn to.
• 34:13
  Speaker 3: You're my kid brother. Please help me. And finally Jerry relented.
• 34:24
  Speaker 7: And Jerry agreed to meet Tom and to go to
• 34:28
  Speaker 7: Stone Harbor and to take the boat out and dispose
• 34:31
  Speaker 7: of the body.
• 34:39
  Speaker 1: Behind closed doors, they met inside Thomas' garage, where he
• 34:43
  Speaker 1: asked Jerry to help him load a heavy cooler into
• 34:45
  Speaker 1: his truck. He never opened the cooler, but Jerry believed
• 34:51
  Speaker 1: the body of Thomas' extortionist was stuffed inside.
• 34:54
  Speaker 3: All right, let's get the rug.
• 34:57
  Speaker 1: Only the carpet remained. Jerry told his brother not to
• 35:03
  Speaker 1: take it on the boat because it probably wouldn't sink.
• 35:12
  Speaker 1: When they arrived at Stone Harbor, New Jersey, they carried
• 35:15
  Speaker 1: the cooler down the dock in plain sight. It was
• 35:22
  Speaker 1: a common cooler used by fishermen at the marina. large
• 35:25
  Speaker 1: enough to carry an ample supply of bait. No one
• 35:30
  Speaker 1: would think twice about two men loading the heavy container
• 35:33
  Speaker 1: onto a boat. The brothers fueled up and headed for
• 35:43
  Speaker 1: the open waters of the Atlantic. Thomas Capano ordered his
• 35:52
  Speaker 1: brother to motor 60 miles offshore where the water was
• 35:55
  Speaker 1: deep enough to hide the body permanently. No one else
• 36:00
  Speaker 1: would be close enough to see what the brothers were
• 36:02
  Speaker 1: about to do. They heaved the cooler into the sea,
• 36:09
  Speaker 1: but Thomas Capano miscalculated. The makeshift coffin floated. Thomas then
• 36:21
  Speaker 1: ordered Jerry to sink the cooler by firing slugs into
• 36:24
  Speaker 1: it The cooler still floated. The millionaire lawyer retrieved it
• 36:43
  Speaker 1: and decided to sink the corpse without the cooler. His
• 36:48
  Speaker 1: younger brother wanted no part of it. He moved to
• 36:51
  Speaker 1: the front of the boat while Thomas wrapped the boat's
• 36:54
  Speaker 1: anchors around the body. What Jerry Capano saw next was
• 37:01
  Speaker 1: critical for Detective Robert Donovan.
• 37:06
  Speaker 4: Jerry turns around when he asks Tom, are you done,
• 37:09
  Speaker 4: are you done? Tom tells him, yeah, I'm done. As
• 37:12
  Speaker 4: Jerry turns around to look at Tom, he sees a
• 37:14
  Speaker 4: calf and a foot sinking down.
• 37:26
  Speaker 1: On their way back to Stone Harbor, Thomas Capano disassembled
• 37:29
  Speaker 1: the cooler and scattered its parts into the ocean.
• 37:36
  Speaker 2: And Tom said he needed me to come back to
• 37:38
  Speaker 2: the house, that he had something else that I needed
• 37:40
  Speaker 2: to do with him.
• 37:42
  Speaker 1: The work wasn't finished. His brother needed to dispose of
• 37:47
  Speaker 1: more evidence.
• 37:50
  Speaker 4: Tom says, I need your help getting rid of this couch.
• 37:54
  Speaker 4: And Jerry sees a stain on the couch, which would
• 37:57
  Speaker 4: be right about shoulder height, which is as large, he described,
• 38:01
  Speaker 4: as a basketball size blood stain.
• 38:04
  Speaker 3: Then do something.
• 38:07
  Speaker 1: Investigators believe the stain was caused by a fatal gunshot
• 38:10
  Speaker 1: to Anne Marie's head. They dumped the couch and the
• 38:18
  Speaker 1: carpet into a trash bin at a construction site managed
• 38:21
  Speaker 1: by their brother Lewis. Jerry had nothing more to add.
• 38:31
  Speaker 1: When word got out that Jerry had cooperated with investigators,
• 38:36
  Speaker 1: His brother Lewis appeared with his lawyer two days later.
• 38:42
  Speaker 1: Lewis Capano recanted his earlier statement and admitted that he
• 38:45
  Speaker 1: had obeyed Thomas' orders to empty the dumpsters earlier than scheduled.
• 38:54
  Speaker 1: The FBI began 24-hour surveillance on Thomas Capano. They believed
• 39:01
  Speaker 1: the suspected murderer might try to kill his brothers to
• 39:04
  Speaker 1: keep him from testifying. Less than a week later, on
• 39:16
  Speaker 1: November 12, 1997, the surveillance team watched Capano and his
• 39:21
  Speaker 1: brother Joseph loading suitcases into their truck. They were heading
• 39:34
  Speaker 1: towards the airport. Agent Alpert feared Thomas was fleeing jurisdiction.
• 39:40
  Speaker 6: At that point, I paged Colm Connolly, the Assistant United
• 39:44
  Speaker 6: States Attorney who was inside the grand jury room, with
• 39:47
  Speaker 6: a 911 page to come out. I told him of
• 39:49
  Speaker 6: the details and said we need to make a decision
• 39:51
  Speaker 6: on what we're going to do.
• 39:53
  Speaker 1: Investigators felt they still didn't have enough to charge Thomas
• 39:57
  Speaker 1: Capano with kidnapping and murder, but agreed they had to
• 40:00
  Speaker 1: stop him from fleeing. Alpert ordered his arrest on grounds
• 40:05
  Speaker 1: that Capano had obstructed justice by coercing his brothers to
• 40:08
  Speaker 1: give false testimony. 17 months after her disappearance, the suspected
• 40:16
  Speaker 1: killer of Anne-Marie Fahey was finally in custody. Two brothers
• 40:21
  Speaker 1: now stood against one. But investigators still had no body
• 40:27
  Speaker 1: and no murder weapon. On November 12, 1997, the FBI
• 40:36
  Speaker 1: arrested prominent Delaware lawyer Thomas Capano. He was the prime
• 40:41
  Speaker 1: suspect for the murder of Anne-Marie Fahey, His younger brother, Jerry,
• 40:46
  Speaker 1: claimed Thomas had dumped a corpse into the Atlantic Ocean.
• 40:55
  Speaker 1: Jerry pointed investigators to the area off the New Jersey shore,
• 40:58
  Speaker 1: but they never found Anne Marie's body. Assistant U.S. Attorney
• 41:05
  Speaker 1: Colm Connolly had a daunting task ahead of him.
• 41:08
  Speaker 3: We didn't have a body, and that's always a problem.
• 41:11
  Speaker 7: There have only been a handful of prosecutions in the
• 41:14
  Speaker 7: country that had been successfully.
• 41:17
  Speaker 3: Done without a body.
• 41:19
  Speaker 7: And in Delaware, prior to this case, there had only
• 41:21
  Speaker 7: been one case prosecuted without a body, and it had
• 41:24
  Speaker 7: resulted in an acquittal.
• 41:28
  Speaker 1: The only physical evidence they had against Thomas Capano were
• 41:31
  Speaker 1: two specks of Fahey's blood found in his living room.
• 41:36
  Speaker 1: While investigators prepared the difficult prosecution, Special Agent Eric Alpert
• 41:40
  Speaker 1: learned something that could strengthen their case.
• 41:44
  Speaker 6: I received a phone call from an individual who said
• 41:46
  Speaker 6: that he had found the cooler floating in the ocean
• 41:49
  Speaker 6: around the weekend of July.
• 41:52
  Speaker 4: 4th, 1996.
• 41:52
  Speaker 6: And I asked him to further describe the cooler, and
• 41:55
  Speaker 6: he said that the cooler was missing a lid and
• 41:57
  Speaker 6: had a bullet.
• 41:58
  Speaker 1: Hole in it. The lead sounded promising. The caller read
• 42:03
  Speaker 1: an article about Capano's arrest that reported a cooler was
• 42:07
  Speaker 1: used in the crime. Hmm. But the story never mentioned
• 42:13
  Speaker 1: that the lid was missing or that a slug had
• 42:15
  Speaker 1: pierced it. Alpert immediately drove the two hours to Bay City,
• 42:20
  Speaker 1: New Jersey to check the lead. On the weekend of
• 42:28
  Speaker 1: July 4th, 1996, Ken Chubb was fishing six miles off
• 42:32
  Speaker 1: Indian River when he came across a cooler bobbing in
• 42:35
  Speaker 1: the ocean. Had two bullet holes.
• 42:40
  Speaker 8: And bloodstained, but we were amazed that this was a
• 42:43
  Speaker 8: brand new cooler, but we weren't amazed at the bullet
• 42:47
  Speaker 8: holes or the blood because they shoot shark a lot,
• 42:49
  Speaker 8: and there might have been a shark flopping around in there,
• 42:52
  Speaker 8: and they shot it, and that's where the blood came from.
• 42:59
  Speaker 1: Chubb patched the holes, replaced the lid, and used it
• 43:02
  Speaker 1: as his own until the Capano arrest story broke. Agents
• 43:07
  Speaker 1: discovered the barcode on the cooler matched the one Capano
• 43:10
  Speaker 1: purchased with his credit card on April 22nd, two months
• 43:14
  Speaker 1: before Anne Marie disappeared.
• 43:17
  Speaker 6: The cooler was important in this case because it prevented
• 43:20
  Speaker 6: Tom Capano's defense team pretty much from saying that Jerry
• 43:23
  Speaker 6: Capano was lying. It corroborated exactly what Jerry Capano had
• 43:28
  Speaker 6: told us well before he knew we would ever find
• 43:30
  Speaker 6: this cooler.
• 43:34
  Speaker 1: The cooler was their second piece of physical evidence, and
• 43:37
  Speaker 1: its purchase demonstrated Capano's premeditation. Investigators still had no murder weapon.
• 43:46
  Speaker 1: They searched records at local gun stores for purchases by
• 43:49
  Speaker 1: Capano or by others close to him. They hit pay dirt.
• 43:54
  Speaker 1: Investigators discovered that Capano's mistress, Debbie McIntyre, had purchased a.
• 43:59
  Speaker 1: 22 caliber Beretta on May 13th, 1996. six weeks before
• 44:04
  Speaker 1: Fahey disappeared. They brought McIntyre in for questioning. She pretended
• 44:14
  Speaker 1: that her relationship with Thomas Capano was more casual than
• 44:17
  Speaker 1: it actually was. Connolly asked if Capano owned a gun.
• 44:23
  Speaker 1: McIntyre denied it.
• 44:26
  Speaker 3: I asked her, do you own a gun? And immediately
• 44:30
  Speaker 3: her demeanor changed.
• 44:31
  Speaker 7: She started blushing. She got very nervous. It was clear
• 44:36
  Speaker 7: that she was lying. And she told us this just
• 44:39
  Speaker 7: fantastical story about buying a gun and then throwing it
• 44:43
  Speaker 7: in the garbage can. And we asked her, did anybody
• 44:47
  Speaker 7: know that she had bought that gun?
• 44:49
  Speaker 3: And she said, one person. And it was Tom Capano.
• 44:56
  Speaker 1: Connolly pointed out that if McIntyre supplied the gun to Capano,
• 45:00
  Speaker 1: she had committed a felony, Under the advice of her attorney,
• 45:10
  Speaker 1: McIntyre admitted that Capano had asked her to buy the
• 45:13
  Speaker 1: gun in the first place. The trial began on October 26, 1998.
• 45:26
  Speaker 1: Early on in the proceedings, Capano surprised the prosecution by
• 45:32
  Speaker 1: admitting that he had disposed of Fahey's body, as Jerry
• 45:35
  Speaker 1: had testified. He also admitted to asking his brother Louis
• 45:41
  Speaker 1: to empty the dumpsters early. On the witness stand, Capano
• 45:46
  Speaker 1: painted his own version of events on the evening of
• 45:48
  Speaker 1: June 27th, 1996. After dinner, he and Anne-Marie came back
• 45:54
  Speaker 1: to his place. According to Capano, they had resolved their differences.
• 46:01
  Speaker 1: They were enjoying each other's company when Debbie McIntyre burst
• 46:04
  Speaker 1: into his house.
• 46:05
  Speaker 3: What are you doing?
• 46:14
  Speaker 1: Angry and despondent, McIntyre threatened suicide. Anne Marie was killed instantly.
• 46:27
  Speaker 1: Despite his legal training, Capano claimed he didn't call police
• 46:31
  Speaker 1: because he was trying to protect McIntyre and himself. Instead,
• 46:35
  Speaker 1: he retrieved the cooler that he said was to be
• 46:37
  Speaker 1: a gift to his brother. He decided to use it
• 46:42
  Speaker 1: as a coffin. During cross-examination, Connolly pointed out that Capano
• 46:49
  Speaker 1: had prosecuted a similar case in 1976 when he served
• 46:53
  Speaker 1: as assistant attorney general for Delaware. In that case, the
• 46:58
  Speaker 1: killer dumped his victim into a creek near Delaware City.
• 47:04
  Speaker 1: At the time, Capano was quoted as saying the killer
• 47:07
  Speaker 1: would have gotten away with his crime if he would
• 47:09
  Speaker 1: have dumped the body into the Atlantic. Capano denied this.
• 47:17
  Speaker 3: Well, it's all here. Can I submit this to your honor?
• 47:20
  Speaker 1: In the state's version of events, Capano forced Ann Marie
• 47:24
  Speaker 1: Fahey to return to his house. She was determined to
• 47:28
  Speaker 1: end their affair. Capano would not be jilted. He took
• 47:36
  Speaker 1: out the Beretta that McIntyre bought for him and shot
• 47:39
  Speaker 1: Fahey in cold blood. Then he stuffed her into the cooler.
• 47:53
  Speaker 1: At about 9.45 that same evening, he entered Anne Marie's
• 47:57
  Speaker 1: apartment with fresh groceries and the new pantsuit she would
• 48:00
  Speaker 1: never wear. He carefully tried to cover his tracks as
• 48:05
  Speaker 1: he had planned for months. On January 17th, 1999, the
• 48:14
  Speaker 1: jury returned with a verdict. Mr.
• 48:16
  Speaker 3: Foreman, has the jury reached a verdict? Yes, Your Honor,
• 48:18
  Speaker 3: we have.
• 48:19
  Speaker 1: Please rise. Based on his brother's testimony, the blood evidence,
• 48:23
  Speaker 1: and the recovered cooler, the once prominent lawyer and millionaire
• 48:27
  Speaker 1: Thomas Capano was found guilty of first-degree murder.
• 48:34
  Speaker 7: We were able to reaffirm a lot of people's faith
• 48:37
  Speaker 7: in the judicial system here.
• 48:39
  Speaker 3: The system works.
• 48:41
  Speaker 7: I think we accomplished justice here. I have a very
• 48:46
  Speaker 7: good relationship with the Fahey family, and so I think
• 48:49
  Speaker 7: we've not only been able to bring about justice, but
• 48:52
  Speaker 7: we've brought as much comfort as they can have given
• 48:57
  Speaker 7: the tragedy they had to suffer.
• 49:09
  Speaker 1: The jury went further, sentencing Capano to the gas chamber.
• 49:17
  Speaker 1: It was the first time in Delaware history... that a
• 49:20
  Speaker 1: defendant had been found guilty in a capital crime without
• 49:23
  Speaker 1: a body or a murder weapon. Capano now waits on
• 49:28
  Speaker 1: death row pending appeals.
• 50:00
  Speaker 7: Bye.