Thomas J. Capano
Encyclopedia
Thomas J. Capano was a disbarred American
lawyer and former Delaware
deputy attorney general, who was convicted of the 1996 murder of Anne Marie Fahey, his former lover.
real estate developers and building contractors. He became a wealthy, well-connected lawyer, state prosecutor, Wilmington city attorney, counsel to Governor Michael N. Castle
, and political consultant, well known in Delaware's political community. In 1994, Capano was a partner at the Wilmington office of Saul Ewing LLP
when he became involved with Anne Marie Fahey, who was then 28 and the appointments secretary to then-Governor Thomas R. Carper
.
In September 1995, Fahey met Michael Scanlon while she was still involved in the relationship with Capano. After a rocky beginning in her relationship with Scanlon, she fell in love with him. Capano murdered Fahey at the house he rented and, with the assistance of his brother, Gerry, dumped her body in the Atlantic Ocean
. Gerry Capano owned a boat and, when it was sold, its two anchor
s were missing. Detectives suspected the boat's anchors were used to weigh down Fahey's body. On November 8, 1997, Gerry Capano was interviewed by detectives and told them that Thomas had asked for the boat and then admitted to Gerry that he had murdered someone who was attempting to extort him. They went to Stone Harbor, New Jersey
, with a large cooler that contained Fahey's body. As this type of cooler is frequently used by fishermen, it was not considered suspicious.
The Capanos went 62 miles (99.8 km) out to sea and pushed the cooler overboard. However, it floated, even after they shot the cooler. Thomas retrieved the cooler, took the body out, and wrapped the anchor chains around it. Gerry then was asked to help dispose of a blood-stained sofa and carpet in a dumpster, which was managed by another brother, Louis. Subsequently, Thomas ordered Louis to empty the dumpsters; Louis had them emptied out of their regular schedule. The cooler was found on July 4, 1996, by a local fisherman, Ken Chubb.
Investigators did not have a murder weapon or a body, and investigations into Capano's records in buying guns was not revealing. However, Capano's mistress Debby MacIntyre had bought a gun and, when questioned by investigators, admitted to supplying the weapon to Capano.
Colm Connolly
and Delaware state prosecutor Ferris Wharton were the state's prosecutors, and William Swain Lee
was the presiding judge in the highly-publicized Superior Court trial. The defense claimed that MacIntyre had burst into Capano's room and, as Capano and MacIntyre were wrestling for the gun, it fired, killing Fahey. On January 17, 1999, the trial resulted in Capano's conviction and he was sentenced to death.
In January 2006, the Delaware Supreme Court
affirmed Capano's conviction but remanded the case for sentencing because the death penalty was imposed by a non-unanimous jury verdict. In February of that year, the state abandoned its efforts to seek capital punishment for Capano, opting to leave him imprisoned for life without parole. Capano's attorneys stated they would continue to appeal his conviction in federal courts.
reaffirmed Capano's conviction, rejecting a habeas corpus
petition filed by Capano. On September 2, 2008, the U.S. 3rd Circuit Court of Appeals affirmed this decision, making the only avenue left for review of the conviction to be petition for certiorari to the US Supreme Court. Capano did not file this petition, bringing an end to the case.
, The Summer Wind: Thomas Capano and the Murder of Anne Marie Fahey by George Anastasia, and Fatal Embrace: The Inside Story of the Thomas Capano/Anne Marie Fahey Murder Case by Chris Barrish and Peter Meyer. In 2001, a television movie
based on Rule's book was made, And Never Let Her Go, starring Mark Harmon
as Capano and Kathryn Morris
as Fahey.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer and former Delaware
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
deputy attorney general, who was convicted of the 1996 murder of Anne Marie Fahey, his former lover.
Background
Capano was a member of a prominent family of DelawareDelaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
real estate developers and building contractors. He became a wealthy, well-connected lawyer, state prosecutor, Wilmington city attorney, counsel to Governor Michael N. Castle
Michael N. Castle
Michael "Mike" Newbold Castle is a former Governor and former U.S. Representative for , serving from 1993 until 2011. He is a member of the Republican Party....
, and political consultant, well known in Delaware's political community. In 1994, Capano was a partner at the Wilmington office of Saul Ewing LLP
Saul Ewing
Saul Ewing LLP is a Philadelphia-based law firm. In addition to their main headquarters Saul Ewing has eight Mid-Atlantic regional offices in Baltimore, MD, Chesterbrook, PA, Harrisburg, PA, Newark, NJ, New York, NY, Princeton, NJ, Washington, DC, and Wilmington, DE.- History :Saul Ewing's...
when he became involved with Anne Marie Fahey, who was then 28 and the appointments secretary to then-Governor Thomas R. Carper
Thomas R. Carper
Thomas Richard "Tom" Carper is the senior United States Senator from Delaware and a member of the Democratic Party. He was previously the 71st Governor of Delaware and a United States Representative....
.
Fahey's disappearance; investigation
Anne Marie Fahey, the scheduling secretary for Delaware's then-Governor Thomas Carper, was last seen alive on Thursday, June 27, 1996, when she went to dinner with Capano in Philadelphia. Fahey's family reported on June 30, 1996, that she was missing. An extensive investigation concerning her disappearance ensued. That investigation culminated in November 1997, over sixteen months later, in Capano's arrest for her murder. Fahey's body was never found, however, and the State was unable to establish the precise manner by which Fahey died. Capano, who was the last known person to have seen her alive on June 27, 1996, was an early suspect in the investigation by the Wilmington Police. By mid-July 1996, the FBI actively joined in the investigation, and a federal grand jury heard evidence for over a year.In September 1995, Fahey met Michael Scanlon while she was still involved in the relationship with Capano. After a rocky beginning in her relationship with Scanlon, she fell in love with him. Capano murdered Fahey at the house he rented and, with the assistance of his brother, Gerry, dumped her body in the Atlantic Ocean
Atlantic Ocean
The Atlantic Ocean is the second-largest of the world's oceanic divisions. With a total area of about , it covers approximately 20% of the Earth's surface and about 26% of its water surface area...
. Gerry Capano owned a boat and, when it was sold, its two anchor
Anchor
An anchor is a device, normally made of metal, that is used to connect a vessel to the bed of a body of water to prevent the vessel from drifting due to wind or current. The word derives from Latin ancora, which itself comes from the Greek ἄγκυρα .Anchors can either be temporary or permanent...
s were missing. Detectives suspected the boat's anchors were used to weigh down Fahey's body. On November 8, 1997, Gerry Capano was interviewed by detectives and told them that Thomas had asked for the boat and then admitted to Gerry that he had murdered someone who was attempting to extort him. They went to Stone Harbor, New Jersey
Stone Harbor, New Jersey
Stone Harbor is a borough in Cape May County, New Jersey, United States. It is part of the Ocean City Metropolitan Statistical Area. It shares the barrier island Seven Mile Island with its northern neighbor Avalon...
, with a large cooler that contained Fahey's body. As this type of cooler is frequently used by fishermen, it was not considered suspicious.
The Capanos went 62 miles (99.8 km) out to sea and pushed the cooler overboard. However, it floated, even after they shot the cooler. Thomas retrieved the cooler, took the body out, and wrapped the anchor chains around it. Gerry then was asked to help dispose of a blood-stained sofa and carpet in a dumpster, which was managed by another brother, Louis. Subsequently, Thomas ordered Louis to empty the dumpsters; Louis had them emptied out of their regular schedule. The cooler was found on July 4, 1996, by a local fisherman, Ken Chubb.
Investigators did not have a murder weapon or a body, and investigations into Capano's records in buying guns was not revealing. However, Capano's mistress Debby MacIntyre had bought a gun and, when questioned by investigators, admitted to supplying the weapon to Capano.
Trial and appeal
U.S. AttorneyUnited States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
Colm Connolly
Colm Connolly
Colm F. Connolly is a former United States Attorney for the district of Delaware. He is best known for his prosecution of Thomas J. Capano for capital murder. Connolly would later make a cameo appearance in the made for television movie based on the murder, And Never Let Her Go directed by Peter...
and Delaware state prosecutor Ferris Wharton were the state's prosecutors, and William Swain Lee
William Swain Lee
William Swain Lee is an American lawyer and politician from Georgetown, in Sussex County, Delaware. He is a member of the Republican Party, who served as a judge of the Delaware Superior Court. He was the 2004 and 2008 Republican candidate for Governor of Delaware.-Early life and family:Lee was...
was the presiding judge in the highly-publicized Superior Court trial. The defense claimed that MacIntyre had burst into Capano's room and, as Capano and MacIntyre were wrestling for the gun, it fired, killing Fahey. On January 17, 1999, the trial resulted in Capano's conviction and he was sentenced to death.
In January 2006, the Delaware Supreme Court
Delaware Supreme Court
The Supreme Court of Delaware is the sole appellate court in the United States' state of Delaware. Because Delaware is a popular haven for corporations, the Court has developed a worldwide reputation as a respected source of corporate law decisions, particularly in the area of mergers and...
affirmed Capano's conviction but remanded the case for sentencing because the death penalty was imposed by a non-unanimous jury verdict. In February of that year, the state abandoned its efforts to seek capital punishment for Capano, opting to leave him imprisoned for life without parole. Capano's attorneys stated they would continue to appeal his conviction in federal courts.
Habeas corpus petition and appeal
In April 2008, the U.S. District CourtUnited States District Court for the District of Delaware
The United States District Court for the District of Delaware is the Federal district court having jurisdiction over the entire state of Delaware. The Court sits in Wilmington...
reaffirmed Capano's conviction, rejecting a habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
petition filed by Capano. On September 2, 2008, the U.S. 3rd Circuit Court of Appeals affirmed this decision, making the only avenue left for review of the conviction to be petition for certiorari to the US Supreme Court. Capano did not file this petition, bringing an end to the case.
Death
Capano, aged 61, was found dead in his jail cell at 12:34 p.m. on September 19, 2011 by an officer performing a routine security check at the James T. Vaughn Correctional Center state prison near Smyra, Delaware, where Capano was imprisoned. The medical examiner said Capano died of sudden cardiac arrest. He also had "atherosclerotic and hypertensive cardiovascular disease, and that obesity was a contributing factor in his death."Portrayals
Several books were written about the case including And Never Let Her Go: Thomas Capano: The Deadly Seducer by Ann RuleAnn Rule
Ann Rule is an American true crime writer.-Personal life:Ann Rule was born on October 22, 1935 in Lowell, Michigan to Chester R. "Stack" Stackhouse and Sophie Hansen. Her mother was a school teacher, specializing in developmentally disabled children and her father was a basketball, football and...
, The Summer Wind: Thomas Capano and the Murder of Anne Marie Fahey by George Anastasia, and Fatal Embrace: The Inside Story of the Thomas Capano/Anne Marie Fahey Murder Case by Chris Barrish and Peter Meyer. In 2001, a television movie
Television movie
A television film is a feature film that is a television program produced for and originally distributed by a television network, in contrast to...
based on Rule's book was made, And Never Let Her Go, starring Mark Harmon
Mark Harmon
Mark Harmon is an American actor who has been starring in American television programs and films since the mid-1970s, after a career as a collegiate football player with the UCLA Bruins. Since 2003, Harmon has starred as Leroy Jethro Gibbs in the CBS series NCIS.-Early life:Harmon was born Thomas...
as Capano and Kathryn Morris
Kathryn Morris
Kathryn Morris is an American actress, best known for her lead role as Detective Lilly Rush in the CBS series Cold Case.-Career:...
as Fahey.