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Deadly Obsession FULL EPISODE The FBI Files · FBI Files

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