A Deadly Affair   View more episodes

Aired at 11:00 AM on Saturday, Jun 26, 2010 (6/26/2010)      View all transcripts from this day

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00:00:01>> The victim was a stunning, outgoing aide to the governor.
00:00:04>> Anne marie fahey was beautiful, funny, gregarious.
00:00:09Just a really neat person.
00:00:12>> Then one day she was gone.
00:00:13>> She was a missing person, presumed dead.
00:00:15We don't know that.
00:00:17And everyone's involved.
00:00:18>> It was a sensational case that had the whole state talking.
00:00:21A powerful family.
00:00:23A beautiful victim.
00:00:25The seamy side of delaware's upper class.
00:00:28>> It's men with status and power and celebrity who basically thought they could do whatever they wanted to do and get away with it.
00:00:33>> Somebody who wrote this as fiction would never sell a copy.
00:00:38>> In this hour tom capano and the murder of anne marie fahey " the story began in 1994 when anne marie fahey went to a political function in wilmington, delaware.
00:00:53Fahey worked for delaware governor tom carper as his scheduling secretary.
00:00:58Delaware is a small state and delaware politics a small world.
00:01:02So it was almost inevitable that anne marie fahey would know of capano.
00:01:06>> Anne marie said there's tom capano.
00:01:08I want to go up and say hello.
00:01:10>> Capano was now a partner in a big philadelphia law firm.
00:01:15>> Tom would call the governor's office for business.
00:01:16She was very outgoing and could be a flirt.
00:01:18She was flirting with capano.
00:01:19There's no denying it.
00:01:21>> Anne marie kept her growing interest in the 47-year-old capano a secret from everyone she knew initially.
00:01:31But she did begin a diary in march 1994 and made entries from time to time.
00:01:36>> I have fallen in love with a very special person whose name i choose to leave anonymous.
00:01:41>> From the description that you get from her diaries and from other people, it was kind of a slow dance and they both knew where they were going.
00:01:48>> My boyfriend asked me today if I wanted to be a girlfriend.
00:01:50I need to think.
00:01:52I love him but he has four children and a wife.
00:01:56>> And this took a while to get there but ultimately they got there.
00:01:58>> There was not a place anne marie, or annie, as she was known, could talk to her family or many friends about.
00:02:06The faheys were catholic and the diary became something of a confessional.
00:02:10>> I need to realize that our relationship will never be anything other than a secret.
00:02:14Why does he have to be married?
00:02:16>> She was torn about that.
00:02:17She did not want to be the woman who caused capano to leave his wife and children.
00:02:23At the same time he would play off of, he's miserable, his life is miserable.
00:02:27>> To outward appearances, it seemed tom capano had no reason to be miserable.
00:02:32He and his wife kay were raising four daughters in a big house in the wilmington suburbs.
00:02:38He was a successful lawyer and player behind the scenes in delaware politics.
00:02:42>> The governor of the state had him as his attorney.
00:02:45He also was a confidante of the mayor.
00:02:47Tom was a person who when you had a job to get done, he got the job done.
00:02:52>> Tom was also the golden boy of the capano family, who were well known in wilmington.
00:02:57Louis capano, the patriarch of the family, made a fortune in the construction business.
00:03:02If his son tom had been born into a world of wealth and privilege, the same couldn't be said of the faheys.
00:03:09Anne marie and her four brothers and elder sister were close perhaps because of difficult circumstances growing up.
00:03:16>> The mother died when annie was 9, died of cancer.
00:03:20The father had a problem with alcohol all of his life and after the mother died, kind of disappeared into alcoholism.
00:03:26>> It wasn't an ideal upbringing.
00:03:30Bills weren't paid.
00:03:31And annie often bore the brunt of her father's anger.
00:03:33And although she had done well for herself, graduating from a local college and landing a job with the governor, annie was insecure and suffered from various eating disorders.
00:03:42>> I think she had a lot of self-doubt.
00:03:45You see this vivacious woman who appears to be sophisticated.
00:03:54But that's a shell.
00:03:56Underneath the shell is still this little anne marie.
00:03:57>> Capano took a protective interest in anne marie, a knight in shining armor.
00:04:00He wanted to spoil her and whisk her off to fancy philadelphia restaurants, where they were unlikely to bump into the wilmington crowd.
00:04:07>> I think capano seduced her on a lot of different levels.
00:04:12One sexually seduced her but another is financially.
00:04:15She realized that he was somebody she could depend on for those things that she liked and she wanted but she couldn't afford.
00:04:23>> Over time, capano managed to insinuate himself into every aspect of annie's life.
00:04:28She relied on him and resented him at the same time.
00:04:30>> In any relationship there are tradeoffs, you know.
00:04:33You give and get.
00:04:35That was playing out here.
00:04:41>> Capano was one of the few people fahey did confide in about her eating disorders.
00:04:43It was capano who helped pay for her treatment.
00:04:44>> You've got to understand the dynamics between anne marie and capano.
00:04:47In a way they both had weaknesses.
00:04:49Anne marie fahey knew what she was doing.
00:04:50>> But did she?
00:04:52Witnesses say it was only while in counseling that fahey came to realize capano was making her eating disorders worse.
00:04:57Two years into her relationship, she wrote about his controlling nature.
00:05:04>> Now that I look back on that aspect of my life, I realize just how vulnerable I had become.
00:05:10For one whole year I allowed someone to take control of every decision in my life.
00:05:14>> There was another reason to pull away from capano.
00:05:18Six months before this diary entry, the delaware governor had introduced anne marie to a young banking executive named michael scanlon, annie was terrified capano would tell scanlon about their secret affair.
00:05:29>> Michael is the most wonderful person.
00:05:32This is the first normal relationship I ever had.
00:05:34I can't screw it up.
00:05:37>> By the early months of 1996, fahey also knew she must break away from capano, who was now separated from his wife and living alone.
00:05:49Anne marie fahey found it impossible to escape his clutches entirely.
00:05:51He would bombard her with calls and e-mails.
00:05:53>> He's relentless.
00:05:56He cannot tolerate rejection, and if he couldn't have anne marie fahey, no one could.
00:06:04>> In june 1996, fahey was still seeing capano on a regular basis for thursday night dinners.
00:06:10Her therapist would later explain that annie was trying to make a graceful exit from the relationship, while remaining friends with capano.
00:06:17In any event, they were seen dining together on thursday, JUNE 27th, BY WAITRESS AT THE Ristorante panorama in philadelphia.
00:06:26>> Later she said she couldn't figure out why they were there.
00:06:29Fahey just picked at her food.
00:06:31She had a glass of cold wine and it wasn't much of a dinner date at all.
00:06:35>> The waitress remembered a subdued, unhappy couple, quite out of place in the bustling restaurant.
00:06:40It's fortunate they stood out in her mind, as the waitress was the last person to see anne marie fahey alive.
00:06:48>>> Coming up -- anne marie fahey goes missing.
00:06:51Finger of blame points straight at tom capano.
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00:10:05>>> When anne marie fahey didn't show up for a saturday evening with her family, her sister, kathleen, hurried over to annie's third floor apartment with annie's boyfriend, michael scanlon.
00:10:15Neither of them had heard from annie for three days.
00:10:18Once inside the apartment, kathleen feared the worst.
00:10:21Her compulsively neat and orderly sister had left her apartment in disarray.
00:10:27More ominously, annie's wallet had been left behind, and her car was still parked outside.
00:10:31A further search revealed love letters to annie from someone who clearly wasn't michael scanlon.
00:10:38Someone kathleen quickly recognized as lawyer tom capano.
00:10:44The initial report about fahey's disappearance was just a brief column in the local paper on JULY THE 2nd, 1996.
00:10:51>> I think initial fascination was because there was a mystery surrounding the disappearance of a very attractive, young woman who worked in the governor's office.
00:10:59>> When anne marie didn't come to work on monday morning, our hopes were seriously deflated.
00:11:04>> Within a couple of days, it was leaked to the press that anne marie fahey's dinner companion on the last night she was seen alive was tom capano.
00:11:11>> A person of considerable means, power.
00:11:14A dynamic person in the community.
00:11:17>> Capano himself kept away from the public and the police, despite the advice of his close associates, as his brother-in-law ray rymuno remembers.
00:11:25>> The fourth of july weekend after this happened, he came to my house when this just made the papers.
00:11:31I urged him, I said, you know, go talk to police and tell him what you know.
00:11:34You have nothing to hide.
00:11:36>> But capano did not want to take his brother-in-law's advice for reasons that would become clear only months later.
00:11:47>> He speaks to them twice on t first night and then he doesn't speak anymore.
00:11:51And I think at that point he's trying to figure out where they are going and figure out how to stay two or three steps ahead.
00:11:56>> As the july fourth weekend rolled around, capano enjoyed a barbecue at the jersey shore with members of his extended family.
00:12:01>> Are you looking for anne marie?
00:12:02>> Meanwhile in wilmington, anne marie fahey's family organized a massive search around annie's neighborhood.
00:12:07>> I would just like to thank everybody for coming out and showing their love and support for anne marie.
00:12:12>> I'm hoping we can find anything.
00:12:14>> While hundreds of people searched all over wilmington for anne marie, police investigators were already looking very closely at tom capano.
00:12:24One reason was the last diary entry annie had written on easter sunday.
00:12:27>> I have been through a lot of emotional battles.
00:12:30I finally have brought closure to tom capano.
00:12:32What a controlling, manipulative, insecure, jealous maniac.
00:12:38>> Moreover, capano was the last person to be seen with her.
00:12:40>> His alibi was, I picked anne marie up.
00:12:44I dropped her off at 10:00.
00:12:45I went home.
00:12:46And the next thing I know she's missing.
00:12:49>> It has been almost a week since the scheduling secretary for delaware governor tom carper dined in a philadelphia restaurant and then vanished after being dropped off at her wilmington home.
00:12:59>> Accounts to the police of what happened that night at the ristorante panorama described a troubling scene.
00:13:06>> The woman seemed distraught, seemed very sad, very quiet.
00:13:09Barely touched her food.
00:13:11>> And just a day before the dinner date, anne marie fahey told her therapist she was frightened of capano and his threats to make the relationship public.
00:13:21>> The description of the dinner given to us by the people at the restaurant strongly indicated that she had tried to break off the relationship.
00:13:29>> Capano, seen here in a police evidence tape, told investigators that he thought annie had gone to the beach that weekend with a girlfriend.
00:13:37The fahey family appealed to capano to tell the authorities all he knew.
00:13:42>> Well, our contention has been if there's nothing to hide, then come in and talk and help us find her.
00:13:47>> Investigators found out that capano had been at the jersey shore with his brother the day after fahey went missing.
00:13:54Capano told them he had been looking at properties.
00:13:56But investigators weren't buying it.
00:13:58Very soon they came to believe that capano's brother might know something and that the family was closing ranks around him.
00:14:05But for detectives checking out a well-connected local lawyer, presented a difficult challenge.
00:14:11>> And the problem is him not speaking at all.
00:14:13But that's under advice of his attorney.
00:14:16>> He has enough access to know where they are going and to figure it out and to manipulate and play the system.
00:14:23>> As time wore on, the fahey family gave up hope of seeing their sister alive.
00:14:27>> We resigned ourselves to the likelihood that her corpse lies somewhere unattended.
00:14:33>> We need to do the right thing for anne marie.
00:14:35We need to bring her home and bury her.
00:14:39>> Colm connolly was u.s.
00:14:40Assistant attorney at the time.
00:14:41He thought there could be a federal case against capano.
00:14:45>> We had a legitimate reason to believe there had been a kidnapping.
00:14:48I say that because anne marie was last seen alive in philadelphia.
00:14:53We had evidence that she and tom capano had had a tumultuous relationship that she had been trying to break off.
00:14:58>> For months prosecutors conducted a secret probe into capano's life and associates.
00:15:05But the very fact that capano knew so many lawyers and policemen created a highly unusual situation.
00:15:11>> A special challenge because of his knowledge of the system and because he surrounded himself with attorneys.
00:15:17>> Prosecutors needed to find the weak link in capano's story.
00:15:21They suspected capano killed fahey and disposed of her body.
00:15:25>> Then you have to say to yourself, well, who would have helped him?
00:15:29By the fall of '96, we believed gerry had played a role in the disposal of the body.
00:15:35>> Gerry capano was the youngest of the capano family and he had led a troubled life.
00:15:40By his own admissions, he had been a heavy users of drugs and alcohol since high school.
00:15:44He had been bailed out by his big brother tom on many occasions.
00:15:48>> Early on we began to believe the brothers knew something of what had happened.
00:15:52>> In a painstaking undercover operation, the feds sent two agents to infiltrate gerry's social set.
00:15:59>> And started to party with these people.
00:16:00And they would hear things.
00:16:02>> And lead prosecutor connolly knew he was playing a psychological game, putting pressure on gerry and by extension on thomas capano.
00:16:11>> We did take advantage of court filings to press capano's buttons.
00:16:15We had been told by the profilers that capano's personality was such that he would be obsessed with the publicity and his persona in the media.
00:16:27>> There was still no clear idea of what had happened on the NIGHT OF JUNE 27th, 1996.
00:16:32But by sniffing around gerry's circle and bringing them before the grand jury, small pieces of the puzzle were falling into place.
00:16:41Investigators started speculating that capano had lured fahey to his house and killed her there.
00:16:46Slowly they were building a circumstantial case against him.
00:16:50>> WE NOTICED THAT ON JUNE 29th, A saturday, less than 48 hours after anne marie had disappeared, tom capano had purchased a rug.
00:17:00And we then went out and interviewed his housekeeper, and she told us that the rug had been changed in the great room, and that a couch that had been there was gone.
00:17:11>> It was a red flag to investigators.
00:17:15As was the story told to them by employees at the capano construction company run by tom's brother louis.
00:17:20They had been ordered to empty out construction dumpsters on the monday after the weekend fahey went missing.
00:17:27And then investigators searched capano's home, where they found specks of blood on the baseboard in the den.
00:17:33>> We find the blood exactly where we thought we would find blood, right next to the carpet.
00:17:37>> There were just two tiny specks, but they turned out to be anne marie's blood.
00:17:43But still there was no body, no murder weapon, and no witnesses.
00:17:48>>> Coming up -- tales of a fishing trip, a cooler.
00:17:51And a brother.
00:17:53>> What do you do when your older brother asks you for help?
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00:18:27Oh! just come snuggle with mama.
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00:20:54>>> For months in 1996, a federal grand jury in wilmington, delaware, had been probing the affairs of tom capano, the delaware lawyer under suspicion of murdering his mistress, anne marie fahey.
00:21:08Prosecutors suspected that capano had disposed of her body out at sea, using his brother gerry's fishing boat.
00:21:14>> By the fall of '96, we believed that gerry had played a role in the disposal of the body.
00:21:20>> Gerry capano felt as though he was losing his mind.
00:21:22>> He actually had trouble sleeping.
00:21:24He was upset.
00:21:25He was depressed.
00:21:28This was well before the feds came and knocked on his door.
00:21:31>> The feds were going after tom capano's younger brother gerry with everything they had.
00:21:35A raid on his house had yielded drugs and a cache of rifles and ammunition in an unlocked chest.
00:21:42>> He was facing potential criminal charges.
00:21:45There had been questions about his kids by the child protective services.
00:21:50>> For months, gerry capano had been burdened with a terrible secret and was near his breaking point.
00:21:55>> They put pressure on all my friends.
00:21:57They did anything they could to get to me.
00:22:01>> If he told his story, gerry might provide testimony that could send his brother to his execution.
00:22:06>> I was trying to get my brother to turn himself in, and you know every time I tried to talk to him he had a different excuse or, he just would convince me and not do it.
00:22:19>> In early '97, gerry told his brother tom he was finally going to the authorities.
00:22:23>> He was very mad.
00:24:01He assumed tom had done something to one of the alleged extortionists although tom didn't elaborate.
00:24:09>> Gerry says did you do it.
00:24:10He nods yes, I did it.
00:24:12>> Gerry then headed to tom's house where they loaded a huge igloo cooler wrapped in a carpet thoo the back of the subject yurn that tom had borrowed from his wife.
00:24:21They didn't discuss the contents of the cooler during the hour-plus drive to stone harbor, new jersey, where jerry moored his boat.
00:24:31>> Gerry kept saying why did you get me involved in this.
00:24:34Tom capano kept saying don't woeshgs I won't let anything already there was tension growing between the two brothers.
00:24:42>> In stone harbor, the two men dragged the cooler down the private dock at gerry's waterfront house.
00:24:46>> Loaded on to the boat with a couple fishing rods as if they're going fishing.
00:24:50They go out on gerry's boat, the summer wind.
00:24:53>> It's ironic that a fishing boat named the summer wind, wistful romantic love song, would be used for such a macabre purpose.
00:25:02>> They go out to an area that gerry knows because he's an avid fisherman.
00:25:10This is an area he often fished.
00:25:12>> It was about two and a half hours out to mako alley.
00:25:15When they got into the area, they made sure they were a long way off from other boats.
00:25:23And then dumped the cooler into the ocean.
00:25:28>> It doesn't sink.
00:25:29It just bobs on the ocean.
00:25:30The anger and the frustration come out then.
00:25:32Gerry takes out a shotgun that he keeps on his boat, aims at the cooler and fires a slug.
00:25:37Hits the cooler.
00:25:39Blood trickles out of it.
00:25:43The cooler still doesn't sink.
00:25:45Now there's more frustration on the boat.
00:25:48>> They pulled up alongside of this cooler that was still floating.
00:25:52Then gerry turned off the engine and he gave tom two anchors with chains and said you're on your own.
00:25:58He went to the front of the boat and he faced forward.
00:26:01He did not want to watch what was going on.
00:26:04He could hear the chains grinding against the bottom of the boat.
00:26:07He could hear tom capano throwing up.
00:26:12And then gerry turned around and he saw a human calf/foot sink to the bottom.
00:26:15>> It was a terrible image that would haunt gerry capano forever.
00:26:18>> I will never forget what happened, never, ever.
00:26:21>> As the brothers headed back to shore, they washed out the cooler, unscrewed the lid and threw it overboard.
00:26:27>> The assumption is the cooler would sink.
00:26:29It doesn't have a lid now plus it has a bullet hole in it.
00:26:33But for six days this cooler bobs on the ocean.
00:26:36>> Back onshore gerry capano soon learned he hadn't helped his brother dispose of the body of an extortionist.
00:26:48>> Tom had led gerry to believe the body was of a person extorting tom threatening to hurt tom's children.
00:26:50>> When gerry read in the papers about his brother's affair with anne marie fahey and her disappearance, he realized just whose body he had seen sinking into the ocean.
00:26:58>> Remember, when gerry comes in to us and tells us this story, it's so fantastical, that it rings true.
00:27:08Within an hour of gerry being debriefed, we verify that in fact tom capano had bought this type of cooler on april 20, 1996, at the sports authority.
00:27:21>> And the rest of gerry's story checked out also.
00:27:24>> We could corroborate that tom capano was in gerry's driveway at 6:00 in the morning.
00:27:29Gerry told us that he went to 45 to 00 to meet tom at the acme parking lot.
00:27:36We had a picture of tom at the atm machine across the street at 8:45 that morning.
00:27:41>> Still, it was a fantastical tale and would surely be challenged in court by tom capano's lawyers.
00:27:50>> Why would he volunteer to us that he shot a hole in the cooler other than he's trying to tell the truth.
00:27:56>> But the cooler was about to make a dramatic reappearance.
00:27:59>> His lawyer said, where do you think the cooler is?
00:28:01And gerry said, it probably washed up on a beach in cuba.
00:28:03>> But in fact it was a lot closer to home.
00:28:08Coming up, the cooler finds its way right back to delaware.
00:28:11>> There are so many instances in this story where you say there is a god.
00:28:14There was somebody looking over this thing and putting things in place.
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00:28:50I just didn't listen until I almost lost my life.
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00:31:27>>> here's what's happening.
00:31:30International hot button issues are on the table ontario as president obama meets with g-8 leaders.
00:31:36Among the topics, the alleged north korean sinking of a south korean ship, suspected human rights abuses in iran.
00:31:43This afternoon, a meeting with all the g-20 leaders convenes.
00:31:47>>> Prince harry is in the big apple.
00:31:49The english royal tossed the ceremonial first pitch at the royals game.
00:31:57" >>> in october of 1997, 17 months after the disappearance of delaware governor's assistant anne marie fahey, investigators learned that her body had been dumped in the ocean by her lover, tom capano.
00:32:16In an extraordinary confession, tom's brother gerry had admitted to investigators he helped his brother bury the body out in the atlantic ocean on his fishing boat, the poignantly named " they'd used a huge cooler as a coffin.
00:32:32>> There are newspaper and television reports about this cooler that gerry dumped over the side that contained fahey's body.
00:32:38That's the first we hear, any of us, of a cooler.
00:32:41>> Incredibly the day after details about the cooler were made public, investigators get a call from a fisherman about a cooler that he found floating on the ocean the previous summer.
00:32:50>> The guy is out fishing on the fourth of july weekend.
00:32:53The same weekend that there's a massive search in wilmington in brandywine park for anne marie fahey's body.
00:32:59The same weekend tom capano is in stone harbor with his family members having a barbecue.
00:33:04That same weekend this fisherman finds this cooler.
00:33:07>> Fbi agents were sent to retrieve it.
00:33:1017 Months after fahey's disappearance, the cooler was now back and at center stage.
00:33:16Capano's defense team was invited to look at it.
00:33:18>> The bar code said it was purchased in this area.
00:33:21There was nothing, I don't think, realistically you could do to defuse that.
00:33:24It clearly was a tremendous piece of evidence that strengthened gerry's credibility.
00:33:29>> Government prosecutors were closing in on tom capano from all sides.
00:33:34And when colm connolly got a call from agents on his surveillance team, he decided to act.
00:33:39>> We were informed at that point from the surveillance team that tom capano had gotten a lot of luggage out and put it in the car and was driving on i-95, towards the philadelphia airport.
00:33:51So I called the head of the surveillance team and gave them the authority to arrest him.
00:33:57>> After months of painstaking investigation, capano was in custody.
00:34:02And if the cooler was a stroke of luck, other things were falling into place for the prosecutors.
00:34:08Revelations about tom capano's private life that had been surfacing since fahey went missing.
00:34:14>> There is evidence that tom capano had gotten away with something very egregious before.
00:34:19>> That something was a tawdry tale about another affair capano had back in 1980 with a married woman in his office named linda.
00:34:29Capano's wife had been expecting their first child at the time but when linda tried to break off the relationship capano attempted to intimidate her.
00:34:38Joe riley was the fbi informant who'd been hired by capano to make the threats.
00:34:43>> He wanted me to kill this girl or get somebody to kill her.
00:34:47>> Riley had even recorded his calls.
00:34:51>> We have a new friend, a mr. thomas capano.
00:34:54He was telling me some things about you that took place in his office.
00:34:58>> I don't know what you're talking about, sir.
00:35:00>> You don't want to talk about it?
00:35:02Well, I'll talk to your husband.
00:35:04I know where you live.
00:35:05>> For prosecutors, this was proof of just how capano could intimidate women who rejected him.
00:35:11Charlie oberly, former attorney general of delaware and now one of the defense team, had known capano for years but even he was surprised at the information surfacing about capano's steamy private life.
00:35:24>> As I got to know this case and got familiarized myself with the facts and learned about his personal life over the years, that was something that I had never seen, or I was not aware of.
00:35:34>> If fahey was capano's thursday night girl, it turned out there was a wednesday night girl.
00:35:40debra MacIntyre, with whom capano had been having a secret affair for 17 years.
00:35:45Divorced and a single mother, she had been waiting in the wings for capano, completely unaware of his involvement with fahey, until it was made public.
00:35:53>> debra MacIntyre was another woman with a lot of needs that capano was able to manipulate and play her.
00:35:59I think he set her up from the beginning.
00:36:02He had her by the gun.
00:36:03In may of 1996.
00:36:0622 caliber beretta.
00:36:09>> And there's no reason, tom capano was a lawyer with no criminal record.
00:36:12There's no reason he can't go in and buy a gun on his own.
00:36:15>> The gun was never found but investigators believe it was the murder weapon.
00:36:20>> And I think in her mind she's making a tradeoff.
00:36:23I keep quiet about the gun and i get the ring that I've been waiting 17 years to get.
00:36:27The gun for the ring.
00:36:29>> But once prosecutors questioned her about the gun, MacINTYRE KNEW SHE COULD FACE A Prison sentence as an accessory to the murder.
00:36:36>> Ultimately she realized that she's stuck and she gives up both the ring and the gun and finally tells the truth to the prosecutor.
00:36:44>> MacINTYRE EVEN AGREED TO LET Prosecutors tape her conversations with capano in jail.
00:36:49When she told him she was going to tell the authorities about the gun.
00:36:52>> How could you love me and then betray me?
00:36:54How could you do something -- >> I didn't betray you.
00:36:56I told the truth.
00:36:57>> Yes, but debbie, don't say that one more time.
00:37:01Debbie, how could you do something even without talking to me?
00:37:04We have made promises to each other.
00:37:07>> When persuasion didn't work, capano decided to retaliate.
00:37:11He tried to hire a fellow inmate at the gander hill prison to organize a burglary at MacINTYRE'S HOME.
00:37:17>> He had provided instructions to an informant and the instructions explained how to break into her home, where the valuables were, what her alarm code was.
00:37:27>> MacINTYRE WASN'T THE ONLY Target.
00:37:30Another gander hill inmate claimed that capano promised to pay off his $90,000 mortgage if he could arrange to have debbie MacINTYRE AND HIS BROTHER GERRY Killed.
00:37:40Prosecutors sought to indict capano for both plots.
00:37:43And if capano couldn't intimidate MacIntyre, he could blame her for everything, which is just what he was planning.
00:37:51>>> Coming up -- capano's antics in court leave his defense team aghast.
00:37:55>> Most of them believed in his innocence when they got involved, and he continued to treat them like errand boys.
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00:41:08>>> It was going to be the trial of the century in delaware.
00:41:14Wealthy attorney tom capano stood accused of murdering his mistress, anne marie fahey, and then disposing of her body at sea.
00:41:22His own brothers were to testify against him in a capital murder case that could lead to his execution.
00:41:27>> This trial came at a time after a number of very prominent trials had turned out badly, and it had left the american public with the belief that if you had enough money, if you had enough power, you could get a result favorable to the defendant that was unjust.
00:41:42We're very proud of the fact that our system works very well in this state.
00:41:47And I didn't want to lose control.
00:41:49>> Judge lee would need all of his experience to keep control of the capano trial, and in particular, the defendant.
00:41:59>> Until the start of the trial, no one knew what his defense was going to be.
00:42:03>> The judge broached the question to capano's attorneys as the trial was about to begin.
00:42:06>> The head defense counsel responded by saying, we don't know what the theory of the case is.
00:42:08Our client hasn't told us yet.
00:42:10So an hour later when they got up into the courtroom and announced that she had died in an accident and he had disposed of the body it was a blockbuster.
00:42:18>> My client and his brother took the body out to sea, as gerry had said in the cooler, and it was dumped.
00:42:28>> His lead defense attorney conceded for the first time, yes, anne marie fahey is dead.
00:42:31Yes, she died in my client's home that night.
00:42:34It was the result of a horrible accident.
00:42:36And, yes, they dumped her body in the ocean.
00:42:38>> Even more sensationally, the lead defense counsel claimed that someone else was present at capano's house that night.
00:42:45Most observers thought that capano would claim the someone was capano's other mistress, debbie MacIntyre.
00:42:51>> I think tom capano waited until the very last moment until he knew everything the prosecution was going to present, and spun his defense around the few elements they could not prove.
00:43:05>> It was typical of the way capano wanted to conduct his defense.
00:43:07>> There's an old saying that a lawyer who represents himself as a fool for a client.
00:43:10 capano's attention several times.
00:43:13>> Who knows, judge.
00:43:14>> Capano had surrounded himself very expensive criminal lawyers.
00:43:21But he insisted on micromanaging his own defense.
00:43:23>> We can't tell you that, guys.
00:43:24Just give us some leeway.
00:43:26>> Most of them believed in his innocence when they got involved, and he continued to treat them like errand boys and continued to mislead them, to tell them things that weren't true.
00:43:36>> It was always going to be an uphill struggle for the defense team.
00:43:39There had been so much advance publicity about the capano case that picking a jury was difficult.
00:43:45>> We found out about 82% of the potential jurors in delaware had convicted tom before they were even put in the box.
00:43:51And I think we could have picked a jury that would have been much more sympathetic to us had we not been overruled in certain of our choices by our client.
00:44:01>> Incredibly, capano thought if there were young women on the jury, he could win them over with his charm.
00:44:05>> He thinks they're going to fall in love with him.
00:44:09>> Huge crowds showed up each day to hear about anne marie's life.
00:44:13Her doomed affair with capano, and capano's many other girlfriends and mistresses.
00:44:19The prosecution team went to great lengths in order to prove JUST HOW MUCH debbie MacIntyre was controlled by capano.
00:44:26State prosecutors even put on one of their own bosses, assistant attorney general keith rady on the stand.
00:44:33A golfing partner of capano's, he admitted to once having sex with MacIntyre while capano looked on.
00:44:39>> There's so many people whose lives were touched by this or who got involved with capano, who came away soiled.
00:44:46>> Louis capano, tom's middle brother, was called up to testify about the construction dumpsters he'd had removed the weekend after fahey had gone missing.
00:44:55Tom capano's younger brother, gerry, was the key prosecution witness.
00:44:59The defense tore into him and claimed gerry's brain was too fried to distinguish what had really happened and what he was making up.
00:45:06>> I don't think he deliberately lied.
00:45:09I think gerry is confused about a lot of stuff.
00:45:12Gerry did a lot of drinking, did a lot of dope.
00:45:14>> The defense didn't challenge gerry about the disposal of anne marie's body at sea, but they implied gerry was really confused as to whether tom was in fact being shaken down by extortionists.
00:45:25>> Gerry is the guy who told us on the stand how he would talk about leg breakers, and he would talk about this kind.
00:45:31And gerry is the guy with the guns.
00:45:34That's gerry, not tom.
00:45:36Tom is a very easy going, quiet guy.
00:45:38>> Through the course of the trial, capano's attorneys had hinted at an explanation for fahey's death.
00:45:45WHEN debbie MacIntyre took the stand, they proceeded to question her as if she had been the person who shot and killed anne marie fahey.
00:45:53Commentators would call it the debbie did it defense.
00:45:56>> I didn't think he would ever do such a thing.
00:46:00>> She talked to the defense attorneys, they had one shot, i think they knew they had one shot and that was a possible hung jury.
00:46:06And the idea was you present the state's case and what you have is a murder without a murder weapon, without a body and without a cause of death.
00:46:13And you balance that against reasonable doubt.
00:46:16But capano, no, he wants to take the stand and tell his side of the story.
00:46:19And he comes up with this cockamamie explanation as to what happened.
00:46:22>> Taking the stand against the advice of his lawyers, capano would be laying himself open to a grilling by the prosecution.
00:46:30Capano thought he was more than equal to the challenge.
00:46:33>> His version is he takes her to dinner, they come back, they fall asleep on the couch.
00:46:37They are awakened by a distraught debbie macintyre and then she pulls out the gun, not to shoot it at one of them but to shoot herself.
00:46:44And capano, noble individual that he is, jumps off the couch and grabs for the gun and it goes off and poor anne marie fahey is innocently shot and it's an accident.
00:46:53I don't think anybody believed it, but it was typical of tom capano.
00:46:58>> With the way the events had been going the last six months, it did not surprise me.
00:47:02>> Even in that setting, he was going to be the noble individual.
00:47:05He was trying to stop one woman from killing herself over him she was so distraught, and ended up accidentally killing another woman who also loved him.
00:47:13It was quintessential capano, and I think it was one of the nails in the coffin.
00:47:19>> The prosecution decided very deliberately that connolly would handle capano on the stand.
00:47:24>> He had a great animosity towards connolly and he could not resist attacking connolly gratuitously.
00:47:33>> We certainly were pressing buttons that we knew, sure, would reveal his true character.
00:47:40>> He blamed colm connolly for his prosecution and he said on a number of occasions that if he could have just worked this out with the wilmington police department, he was sure everything would have come out all right.
00:47:53>> Tom's presentation and his ability to handle the cross-examination was devastating, and as a result he came across as somebody who had been caged and finally had a chance to speak out.
00:48:02And he attacked.
00:48:04And clearly it was the wrong way to do it.
00:48:09>> Capano was so belligerent by the third day of cross-examination that he would just refuse to answer the questions I put to him.
00:48:16At one point he called me a soulless disgrace of a human being.
00:48:22He slapped the microphone.
00:48:25>> I actually removed him from the stand and he would rant and rave about that.
00:48:30It's a real delicate balance when you have a disruptive defendant.
00:48:34You understand that his behavior is going to prejudice the jury.
00:48:39>> I think it laid to rest any doubts they may have had to what kind of person he was.
00:48:44>> The damage was done.
00:48:46Everyone in the courtroom seemed to know it, apart from capano.
00:48:51>> Tom capano is an incredibly arrogant person who thinks he's the smartest person in the room no matter who is in the room.
00:48:58>> In that courtroom, colm connolly was the smartest guy in the room and he ate capano alive when he cross-examined him.
00:49:04>> The jury would have a stark reminder of what the case was all about when the prosecution brought the white cooler into the courtroom.
00:49:12>> The last thing they see as the prosecution rests is this large, white plastic cooler sitting in front of them.
00:49:19>> I think it was the most moving part of the trial.
00:49:23It brings home the depravity of tom capano, of what he did.
00:49:28>> I know it went through our minds in the press room, how do you get a body into that cooler?
00:49:33What must it have been like?
00:49:35How do you fit her in there?
00:49:365'10"?
00:49:38I mean, it was eerie, it grabbed you.
00:49:40And that was the effect the prosecution was going for, very dramatic.
00:49:43And I think it was very effective.
00:49:45>> Final arguments were heard on january 7, 1999.
00:49:48The trial had lasted for more than three months and now it was up to the jury.
00:49:53>> The best we could determine, they only took one vote.
00:49:56>> Within three days, they came back with a verdict.
00:49:58>> You have any comment?
00:50:00>> They found thomas capano guilty of first degree murder.
00:50:04>> He killed himself, that's why we didn't want him to testify.
00:50:08>>> Coming up -- capano's brothers take the stand again.
00:50:11This time to plead for his life.
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00:53:22>>> Extra, extra, capano found guilty.
00:53:27>> It had been a sensational trial which strained the imagination, even of those people who were at the center of it.
00:53:34Including the trial judge.
00:53:36>> Somebody who wrote this as fiction would never sell a copy.
00:53:38>> Wealthy attorney tom capano had been found guilty of murdering his mistress and disposing of her body at sea.
00:53:45His own account of what happened that night had not impressed the jury.
00:53:49>> I think they saw capano's story as a smokescreen and lacked believability.
00:54:01>> Capano claimed his long-time MISTRESS debbie MacIntyre had killed fahey in an accidental killing, which capano tried to cover up.
00:54:08>> He truly believed that he was PROTECTING debbie MacIntyre by lying.
00:54:10>> We have no body.
00:54:11We have no crime scene.
00:54:12We have a plausible story that it was an accident.
00:54:15How does the state prove intentional murder?
00:54:18You have to prove his intent at the time of the crime.
00:54:23In the end the only person who could do that was tom capano and he chose to do that only by lying and manipulating.
00:54:28>> Once the defendant takes the stand and tells his story, all reasonable doubt questions disappear and it becomes a question of who the jury believes, the government or the defendant.
00:54:37And if they don't like the defendant, the case is over.
00:54:41And in our case, that proved to be exactly what happened.
00:54:45>> Huge crowds had gathered outside the courthouse to hear the outcome of the trial and the guilty verdict.
00:54:51>> It's just a shame how it all came about, you know.
00:54:54Especially when they had us search for her and the whole capano knew where she was.
00:55:02>> By the end of the case, public sentiment had swung almost entirely against tom.
00:55:05The day the verdict was announced, people outside were actually cheering at the verdict.
00:55:12>> The truth is anne marie is gone.
00:55:15Nothing will bring anne marie back.
00:55:16We realize that.
00:55:17But this was about justice.
00:55:19And in our minds, justice has been done.
00:55:22In addition, I think they have shown that no matter where you come from as a defendant, no matter how privileged your background may be, justice applies to everybody.
00:55:33Finally, back to what's important to us, anne marie -- anne marie was a lot more than tom capano's mistress.
00:55:42She was loved by her family.
00:55:45She was loved by her friends.
00:55:48And if one's value is measured by those who loved you, anne marie was truly a rich individual.
00:55:55>> In another extraordinary twist of the case, gerry capano, who had been the prosecution's key witness, was prepared to testify again.
00:56:04This time on his brother's behalf at the sentencing hearing.
00:56:07>> I really don't have anything to say.
00:56:09>> Gerry's torn in two different directions.
00:56:12He's not happy with the position that tom put him in, but on the other hand, tom is gerry's brother and gerry wanted to do what he could to avoid that death sentence.
00:56:21>> Despite gerry's efforts on his behalf and appeals from other members of the capano family, the jury voted 11-1 in favor of the death penalty.
00:56:31>> I do believe his cross-examination led to him receiving the death penalty.
00:56:35>> Judge lee then wrote a scorching opinion, indicating just how damaging capano's behavior in court had been to his own defense.
00:56:44>> I wanted to reflect on how he abused the courtroom and how he had been controlling and conniving and how this had led to his downfall.
00:56:54>> Tom capano, former counsel to the governor of delaware and confidant to the mayor of wilmington was sentenced to be EXECUTED ON JUNE 28th, 1999, Three years to the day since he dumped any marie fahey's body in the ocean.
00:57:10The capano family became a house divided with gerry and louis scorned because they testified against their brother.
00:57:15>> My son is innocent.
00:57:17She was drunk.
00:57:19>> Marguerite capano, the matriarch of this family, probably to this day does not believe that tom capano, her golden boy son, killed anne marie fahey.
00:57:30>> Gerry capano is still haunted by his part in anne marie's fahey's final journey out into the ocean on the summer wind.
00:57:36>> Gerry was always portrayed as the least sophisticated, the thug of the family.
00:57:42Yet I think when you look at this case, gerry was the one brother who seemed to have a conscience.
00:57:47>> I'm sorry that I had anything to do with it.
00:57:50I will never forget what happened, never, ever.
00:57:53>> The man who led the prosecution says everyone who knew tom capano, including his brother gerry, were manipulated and used by him.
00:58:03>> He had a sense of entitlement that those around him were there to please him.
00:58:06And if they didn't do his bidding, then there was no need for them to be around.
00:58:12And that's what happened to anne marie fahey when she finally decided to break off her relationship.
00:58:19>> Tom capano's death sentence was never carried out.
00:58:22It was overturned by an appellate court.
00:58:24The court found that a jury must be unanimous in recommending the death penalty.
00:58:29In the capano case, there was just one holdout.
00:58:33Meanwhile, capano continues to appeal his conviction from behind bars.
00:58:38 third circuit court of appeals upheld a district court ruling denying capano's request for a new trial.
00:58:47And even if the case is closed, it's unlikely to be forgotten in delaware.
00:58:51>> Delaware is such a close community that almost everybody in the state felt they knew somebody involved in this.
00:58:59The story was compelling enough that it made regional and national headlines but with people in the state of delaware, it is a part of us forever.

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