Deadly Attraction

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Speaker 2 He was a wealthy, connected lawyer.

Speaker 3 Tom Capano was a magnetic, charming individual.

Speaker 4 He had power, he had money, he had looks.

Speaker 2 He seemed to have it all.

Speaker 5 He was actually thinking about running for Attorney General.

Speaker 2 But he wanted something he couldn't have.

Speaker 6 Anne was very, very pretty.

Speaker 8 She had this great inner life.

Speaker 2 And when he couldn't have her...

Speaker 9 I meant what I said about only being able to offer you my friendship.

Speaker 2 He killed her.

Speaker 9 Tom Capano couldn't have her and he wasn't going to let another man have her.

Speaker 6 I guess he really never thought he was going to be caught.

Speaker 2 Aaron Moriarty reports the anatomy of a murderer.

Speaker 10 How did he think he was going to get away with it?

Speaker 11 Well, he almost did.

Speaker 2 The real story behind the investigation.

Speaker 8 There was no body, there were no witnesses, there wasn't a weapon.

Speaker 2 And the powerful man who risked everything and almost got away with murder.

Speaker 9 Arrogant, fascinating, brilliant killer who tripped himself up.

Speaker 2 Fatal attraction.

Speaker 2 He was a well-connected, influential lawyer, a man with everything in his favor, who almost got away with murder.

Speaker 12 Almost.

Speaker 13 Good evening.

Speaker 2 Thomas J. Capano was a rising star who seemed to have it all.
That is, until he risked it all.

Speaker 2 A multi-millionaire from a prominent family, a former prosecutor with political aspirations, a family man with a limitless future. But there also was no limit to his deception.

Speaker 2 He was secretly leading a double life, and soon enough, his secrets would catch up with him. Aaron Moriarty investigates this case of fatal attraction.

Speaker 2 Tonight, insiders piece together for you the story of a powerful man who thought he had committed the perfect crime.

Speaker 9 My chosen subject is the consummate sociopath. The person who has it off, but who wears such a perfect mask that it's fantastically interesting to peel it away.

Speaker 10 There were 19,645 murders in this country in 1996.

Speaker 9 Tom Capano is my kind of guy.

Speaker 10 But best-selling author Anne Rule is interested in only one.

Speaker 9 Arrogant, fascinating, brilliant killer who tripped himself up.

Speaker 10 Her 17th book, And Never Let Her Go, is a real-life murder mystery.

Speaker 9 She tried to leave it.

Speaker 10 How dare she? The story of how this man, Thomas Capano, once one of the most powerful lawyers in the state of Delaware, ended up on death row.

Speaker 9 He threw her away. He threw her away.

Speaker 10 And how this 30-year-old woman who tried to get away from him lost her life.

Speaker 9 I

Speaker 9 feel her sitting beside me as I work, and I have this great responsibility to her to tell her story.

Speaker 10 Anne-Marie Fahey was the youngest of six children in a close-knit family.

Speaker 6 Anne was very, very pretty. I mean, she was 5'10.

Speaker 10 Her older sister, Kathleen.

Speaker 6 You know, beautiful eyes and smile.

Speaker 8 I love this one.

Speaker 10 Her brother, Brian.

Speaker 8 She had this great inner light, you know, that you just couldn't miss.

Speaker 15 Annie would walk into a room and it's like somebody threw the light switch and all the lights came on.

Speaker 10 Even in O'Friel's, the popular Wilmington, Delaware hangout, this place could be mobbed on a Friday happy hour. Owner Kevin Friel says Anne-Marie stood out.

Speaker 15 And I'd hear that laugh. And I would know somewhere in the building, Annie's here.

Speaker 10 What was it about her laugh that everybody talks about?

Speaker 6 It was infectious.

Speaker 8 She really loved to laugh and she loved to make other people laugh.

Speaker 10 So few people ever guessed just how difficult her life had been. Anne-Marie was only nine when her mother died of cancer.

Speaker 8 Our family life was difficult, you know, my mom dying and my dad died early and Anne-Marie needed a lot of help, normal things, you know, getting college tuition together and things like that.

Speaker 10 Still, Anne-Marie managed to graduate from college and land her dream job, scheduling secretary to the governor of Delaware.

Speaker 9 She was smart. She was so kind.
She was perfect on her job.

Speaker 10 Everything seemed to be coming together when when she met a young banking executive, Michael Scanlon. How serious was Anne-Marie about it?

Speaker 6 She hoped to marry him. She told me he would be in her wedding party, and

Speaker 6 she was head over heels with him. She really did love him.

Speaker 10 But what Kathleen didn't know was that her sister had a secret. A secret that was discovered only when Anne-Marie failed to show up for a date with her boyfriend.
and vanished.

Speaker 6 Mike Scanlon called me around 9 o'clock that Saturday evening and said said that she had missed a date with him. And that was just a trigger.
I knew something was terribly wrong at that point.

Speaker 10 It was June 28th, 1996.

Speaker 10 You didn't think she might have just taken off without telling anybody?

Speaker 6 No, that's just not the way Anne-Marie was. And I knew how she felt about Michael and she would not just break a date with him.
So then he and I went over to her apartment.

Speaker 6 But as soon as we went in the apartment, it was obvious that she had not been there for a couple of days.

Speaker 6 We were there till six in the morning and looking for things and any traces of where Anne-Marie might be.

Speaker 10 That's when they discovered what Anne-Marie had concealed from her family for more than two years.

Speaker 6 I found a number of letters, notes that he had written.

Speaker 10 He was Tom Capano, a 46-year-old married lawyer with four children.

Speaker 6 I knew that they were friends and I was alarmed. I kept calling my brother Robert in Philly.

Speaker 10 Ann-Marie had met Capano at the governor's office.

Speaker 6 What do you know about this relationship? He said, oh, I think they're just friends, mentor, type of thing. And these letters did not have that flavor.

Speaker 10 Even more disturbing for Kathleen was the discovery of Anne-Marie's diary and the last entry. Tom Capano, what a controlling, manipulative, insecure, jealous maniac.

Speaker 10 She wrote that just two months before she disappeared.

Speaker 6 And it was troubling. I mean, I had read the last entry a number of times.

Speaker 10 She was incredibly close to her family, but she didn't tell anyone in her family about Tom Capano.

Speaker 9 She was ashamed. She was, you know, really a good Catholic.
She said over and over in her diary, in her letters, and to her friends, he's a married man with four children.

Speaker 9 I can't take a man away from his wife.

Speaker 10 The notes in the diary pointed investigators to Tom Capano, who told them that he had taken Amri to dinner just a few nights earlier, but he insisted that he dropped her off afterwards, alive and well, here at her apartment.

Speaker 10 It was difficult at first to believe that a man like Tom Capano could have had anything to do with her disappearance. How would you have described him at that time before all of this?

Speaker 6 Probably like most people in Wilmington would have. Back then they used to say, you know, he's the nicest guy in the world.

Speaker 10 But the nicest guy in the world suddenly wasn't so accommodating to either the police or the Fahey family.

Speaker 6 I think Tom Capano did something to my sister.

Speaker 10 The Faheys refused to give up hope. A week after Anne-Marie's disappearance, her friends and family organized a massive search when no clues turned up.

Speaker 6 He had to have had some type of information that would have helped us.

Speaker 10 The Faheys again asked Capano to talk to police.

Speaker 6 And he chose not to do that. So it became very clear to us that he was obviously hiding something.

Speaker 10 Capano was hiding something. And it would take investigators months to discover what.

Speaker 17 He thought he was going to get away with this.

Speaker 11 He definitely thought he was going to get away with it.

Speaker 10 Coming up.

Speaker 18 It's almost as if Tom Capano were a split personality.

Speaker 10 The many lives.

Speaker 17 This guy was callous.

Speaker 10 And loves. Do you still love him?

Speaker 10 Of Tom Capano.

Speaker 9 Having mistresses and controlling women was Tom Capano's avocation.

Speaker 9 I am alone in my house tonight, drinking a beer and listening to music. She writes, I have fallen in love with a very special person.

Speaker 9 T makes my heart smile. I love you, T.

Speaker 3 Tom Capano was a magnetic, charming individual.

Speaker 4 He had power, he had money, he had looks.

Speaker 10 It seems that just about everyone in Wilmington either knew Tom Capano or wished they did.

Speaker 19 He loved to help people.

Speaker 18 People who had Tom as a friend were very fortunate.

Speaker 10 As the oldest son of Italian immigrant parents, Tom was the achiever.

Speaker 15 Tommy was always known as the good boy.

Speaker 10 A good student and athlete.

Speaker 10 Instead of going into the family construction business with his three brothers, Tom became a lawyer and a rising star in political circles.

Speaker 5 They were actually considering him for a judgeship.

Speaker 10 Tom's brother-in-law, Lee Ramuno.

Speaker 5 He was actually thinking about running for Attorney General.

Speaker 10 But then 30-year-old Anne-Marie Fahey disappeared. What was your reaction when you first heard that Tom was the major suspect in the disappearance of Anne-Marie Faye.

Speaker 10 Tom's priest, Father Roberto Baldicelli.

Speaker 3 That was impossible. That he could not be involved.

Speaker 10 Tom was somebody. Family friend, Phyllis Hines.
He was a good husband, a good father, a family man, and whatnot.

Speaker 10 But this family man, so devoted to his wife and four beautiful girls in public, was in fact leading a completely different life. in private.

Speaker 11 He was involved with eight or nine women during a period period of time.

Speaker 10 Delaware State Prosecutor Ferris Wharton. While he was married.

Speaker 11 All of this was while he was married.

Speaker 10 Along with Anne-Marie, there was also Debbie McIntyre, a 46-year-old private school administrator whom Tom had been romantically involved with for over 15 years.

Speaker 5 Debbie McIntyre was his wife's best friend.

Speaker 10 She will become more important to this story later on.

Speaker 9 Tom Capano was addicted to women and control.

Speaker 10 It is is the secret womanizing Tom Capano that most fascinates crime writer Anne Rule.

Speaker 9 I think he's a complete narcissist. Capano had everything, and yet nothing was ever enough.

Speaker 10 Ann has studied and written about over 1,400 criminal cases, including that of serial killer Ted Bundy. But she has never encountered a man quite like Tom Capano.

Speaker 9 Having mistresses and controlling women was Tom Capano's avocation.

Speaker 10 It's unbelievable. Not only was Tom Capano seen Anne-Marie Fahey and Debbie McIntyre at the same time,

Speaker 10 there was a third woman. Her name is Susan Louth.
She has moved here to the Virgin Islands and until now, has never spoken publicly about her relationship with Tom Capano.

Speaker 10 What made you move here?

Speaker 19 You know, the newspapers, everything was Capano, Fahey, and it was just, you know, too much. It was just way too much for me to handle.

Speaker 10 Susan Susan first met Tom Capano in 1995 at the law office where they both worked.

Speaker 19 He was a giver, like a giver of himself.

Speaker 10 Susan says she started dating Tom after he left his wife and moved to this rented house. He was seeing you.
He was seeing Debbie McIntyre. He was seeing Anne-Marie Fahey.
He was still seeing his kids.

Speaker 10 How did he juggle all of this?

Speaker 19 I have no idea.

Speaker 10 Was he a guy who needed that kind of attention?

Speaker 19 He definitely needed to be needed.

Speaker 10 And Tom seemed to be exactly what Anne-Marie needed when she first met him in early 1994.

Speaker 9 At first, he was the perfect lover.

Speaker 10 Tom wooed Anne-Marie the way he wooed every woman.

Speaker 10 He whisked her out of town for intimate candlelit dinners.

Speaker 9 I have fallen in love with a very special person.

Speaker 10 He showered her with expensive gifts.

Speaker 9 I gave him my body and love.

Speaker 10 Anne-Marie poured out her heart in her secret diary.

Speaker 9 I can't think of my life without him. How did I allow myself to fall in love with a married man?

Speaker 3 The fact that he was married was a definite problem area for her.

Speaker 10 Psychiatrist Dr. Neil Kay treated Anne-Marie during the time she secretly dated Tom Capano.

Speaker 3 I'm not sure that she ever felt comfortable with it.

Speaker 9 She keeps Tommy very, very secret.

Speaker 10 And no one knew.

Speaker 9 No one knew.

Speaker 10 But in late 1995, everything in her life changed. Anne-Marie met Michael Scanlon.

Speaker 15 She first met him, and after about five minutes, she turned around and said to her girlfriends, he's not my type at all.

Speaker 10 O'Friel's bar owner, Kevin, was there that night.

Speaker 15 And the next thing we know, they're always together.

Speaker 10 Michael Scanlon was Irish, Catholic, and best of all, single.

Speaker 9 When she met a real man who loved her and accepted her for herself, why would she want a Tom Capano?

Speaker 10 In fact, Anne-Marie didn't want Capano. As far as Anne-Marie was concerned, their romantic relationship was over.

Speaker 9 She's really trying to pull away. In an email, she wrote, Tommy, I meant what I said on Sunday night about right now only being able to offer you my friendship.

Speaker 10 In early 1996.

Speaker 9 The more he couldn't get her, the more he had to get her.

Speaker 10 Tom Capano began making harassing phone calls.

Speaker 9 And he called her like 25 times. Tommy, you scared me this weekend.
It really freaks me out when you call every half hour.

Speaker 10 He began demanding the return of gifts.

Speaker 3 And he would show back up on her doorstep and take them or throw them around or break them.

Speaker 10 Finally, on April 7th, 1996, she writes in her diary what she apparently couldn't tell Tom directly.

Speaker 9 I finally have brought closure to Tom Capano. What a controlling, manipulative, insecure, jealous maniac.

Speaker 10 But incredibly, Anne-Marie continued to see Tom Capano as a friend.

Speaker 3 She was trying in her own way, I think, to let him down easy.

Speaker 9 She was afraid he would tell Michael Scanla that they'd had an affair.

Speaker 10 On the night of June 27th, 1996, Anne-Marie Fahey and Tom Capano had dinner.

Speaker 9 They went to the restaurant in Philadelphia.

Speaker 10 They left and returned to Capano's home.

Speaker 9 Tom Capano couldn't have her and he wasn't going to let another man have her.

Speaker 10 Anne Marie was never seen again.

Speaker 8 My hope was that he had somehow kidnapped her and was hiding her somewhere.

Speaker 10 Coming up.

Speaker 17 The blood was right where we thought the blood would be. It was next to the new rug.

Speaker 17 He had some involvement in her disappearance.

Speaker 10 The case against Tom Capano.

Speaker 17 Tom Capano is a guy who thinks he can get away with anything.

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Speaker 6 The air conditioning was running. There was food left out on the counter.
Her bed was not made. And you knew that something terrible was wrong.

Speaker 10 Something was terribly wrong. 30-year-old Anne-Marie Fahey had vanished.
And the man last to see her, 46-year-old Thomas Capano, refused to help Anne-Marie's family find her.

Speaker 8 My best hope was that he had somehow kidnapped her and was hiding her somewhere, but I just couldn't see the logic in that.

Speaker 10 What happened to Anne-Marie may have remained a mystery, except for Colin Conley and his team of investigators.

Speaker 6 I truly believe that we had a number of gifts throughout this whole thing, and Colin Conley being one of them.

Speaker 17 I just think she was very beautiful, and I think that picture is the most beautiful picture of her.

Speaker 10 Colin Conley was a federal prosecutor assigned to the case.

Speaker 17 I was 32 when the case started, 34 when it ended.

Speaker 18 All right, who wants to hit next?

Speaker 10 A family man himself.

Speaker 17 The Fahees, when I first walked in to meet them, were a little taken aback by my age.

Speaker 10 Conley was determined to get answers for the Fahey family.

Speaker 17 And you would see the frustration in their faces. You would see tears.

Speaker 17 despair. We really wanted to see justice done.

Speaker 10 But that wasn't going to be easy.

Speaker 17 There was no witness, there's no weapon, there's no body. That's true.

Speaker 11 What he didn't count on was

Speaker 11 that the investigation took a different turn.

Speaker 17 And we realized that if we launched a federal investigation, started looking at things like financial records, that we might be able to get somewhere.

Speaker 10 They discovered that Tom Capano had purchased a new rug just two days after Anne-Marie disappeared. It was just what they needed to get a search warrant for Capano's rented house.

Speaker 17 Tom Capano opened the door in his bathrobe. I think he was

Speaker 17 dismayed to say the least. He just looked like, he looked like he'd had the wind knocked out of him.

Speaker 10 And once investigators were inside Capano's house, as you see here on evidence video, they found exactly what they were looking for.

Speaker 11 That's one of the blood spots. You can see how small that is.

Speaker 10 Investigators found blood.

Speaker 17 The blood was right where we thought the blood would be. It's right here.
And Reese's blood next to the new rug.

Speaker 10 In minute amounts.

Speaker 17 It's about two millimeters.

Speaker 10 It was lucky that you found that.

Speaker 17 By that time, it was very apparent that he had some involvement in her disappearance.

Speaker 10 But even after finding Am-Marie's blood in Tom Capano's house, prosecutors still couldn't arrest him. Why? Because they couldn't prove how that blood got here.
They couldn't charge Capano with murder.

Speaker 10 because they couldn't prove a murder had occurred. And so they kept on digging in his backyard.

Speaker 17 We even brought out a dog at the end of the day, but we didn't find anything.

Speaker 10 And they didn't stop there. Acting on a tip that evidence had been discarded in Capano Company dumpsters,

Speaker 10 investigators spent days digging through the Wilmington dump.

Speaker 17 It reeked, the smells were horrible

Speaker 17 as they unearthed all this trash.

Speaker 17 And it was hot and muggy. And then it rained.

Speaker 10 Ever find the gun?

Speaker 17 No.

Speaker 10 Ever find any of her belongings?

Speaker 17 No.

Speaker 10 But in a town where nothing like this ever happens, investigators simply couldn't give up.

Speaker 17 We had countless meetings at 10 p.m. or 2 a.m., whatever it took.
I would just make it a point to get home, have dinner, and if I had to, go back to the office.

Speaker 10 It was when they began digging into Capano's past that investigators got another break.

Speaker 10 They found this man, Joe Riley, who told them about another woman Capano had become obsessed with 13 years before he met Anne Marie.

Speaker 23 The girl left him after him and her had a fight.

Speaker 23 And he says he loved the girl very, very much.

Speaker 10 Joe Riley, a former client of Capano's, is 80 years old and deaf. He's talking about Linda Marindola, a legal secretary who dated Tom Capano in 1981 and, like Anne-Marie, tried to break it off.

Speaker 10 Did he also ask you to call Linda and harass her?

Speaker 2 Yes.

Speaker 10 Riley, a former FBI informant, taped some of the conversations. He claims that Capano hired him first to harass Marindola with phone calls.

Speaker 25 You want to forget about it? I can't.

Speaker 8 You can't forget about it. That's right.

Speaker 10 And later, even talked about killing her.

Speaker 23 Do you want to go through phase two?

Speaker 20 Yeah.

Speaker 23 He was so mad at her, he wanted to have her killed.

Speaker 10 Killed?

Speaker 19 Killed. Ronald with a car.

Speaker 10 The plan to run her over with a car was never carried out. Riley says Capano changed his mind and backed out.

Speaker 15 If his chain had been jerked back then,

Speaker 15 and he'd probably still be coming in here on Happy Hours on Friday.

Speaker 10 A number of influential people did know about the harassment, but it was kept quiet. And Tom Capano kept his job at a private law firm.

Speaker 17 You've got a pattern here of somebody, Tom Capano, getting away with what most people would never get away with.

Speaker 10 To Colin Conley, it was proof that Tom Capano was capable of murder.

Speaker 17 And I believe that he killed her that night at his home.

Speaker 6 And how did he kill her?

Speaker 17 I believe he shot her behind the ear.

Speaker 10 But believing it and proving it are two different things. And after a year and a half of work, Investigators still didn't have enough evidence to arrest Tom Capano.

Speaker 10 How did he think he was going to get away with it?

Speaker 11 Well, he almost did.

Speaker 11 Literally, he almost did.

Speaker 10 And he might have gotten away with it if investigators hadn't begun digging in a new place.

Speaker 17 Tom Capano could not have physically gotten rid of a body by himself. We focused on his inner circle of friends and family.

Speaker 10 Coming up, the confession that forced Tom Capano to change his story.

Speaker 2 Although public pressure for an arrest and the death of Anne-Marie Fayhey was mounting every day, prosecutors were moving cautiously, methodically, gathering clues.

Speaker 2 They were convinced all along that Tom Capano was their man, but they were afraid that he would find a way to remain untouchable.

Speaker 2 Gradually, the investigators' noose began to tighten around Capano's inner circle, and for all the clues they had to dig for, there was one stunning piece piece of evidence that simply surfaced.

Speaker 2 Here again, Aaron Mariart.

Speaker 9 He was getting ready to kill Anne-Marie if and when she left him.

Speaker 10 Crime writer Anne Ruhl is convinced Tom Capano planned the murder.

Speaker 9 I don't think he knew the date, but he knew he was going to do it.

Speaker 10 More than a year after she vanished, there is still no trace of Anne-Marie Fahey.

Speaker 8 There was no body, there were no witnesses, there wasn't a weapon, there was no physical evidence in her apartment.

Speaker 10 Life had seemingly returned to normal for Tom Capano.

Speaker 6 There were times when we never thought he was going to get arrested.

Speaker 10 The man Anne-Marie's sister believed knew a lot more than he was saying.

Speaker 6 I guess he really never thought he was going to be caught.

Speaker 10 But if most people here in Wilmington thought Tom Capano's power and connections meant he'd never be charged with murder, prosecutors refused to give up.

Speaker 10 They went looking for his weak link and they found it.

Speaker 17 We thought that his brothers had some involvement, so we started to target them.

Speaker 10 Investigators turned to his brothers, focusing particularly on his kid brother, Jerry.

Speaker 9 Jerry's a playboy. He always had everything.

Speaker 10 Jerry, 14 years younger than Tom, was the most troubled. He had had run-ins with the law and was a regular user of cocaine and marijuana.

Speaker 9 The three brothers did try to look after Jerry, but he was a wild wild one. He was overindulged.

Speaker 10 Investigators knew Jerry had been with Tom the day after Emery disappeared. But Jerry wasn't anxious to testify against his brother.

Speaker 9 No, because the rule with the Capano family was their family. You protect your family.
And Jerry loved Tom.

Speaker 10 But investigators raided Jerry's Wilmington home, finding cocaine and weapons. Facing a long prison term, Jerry finally decided to talk.

Speaker 20 a cooler and I rolled out the dog.

Speaker 10 Jerry's taped confession to police tells a terrible tale. How he helped Tom take a large cooler containing the body of Anne-Marie to Jerry's vacation home on the ocean.

Speaker 6 That's Tom Capano. Yeah.

Speaker 10 At 8.41 in the morning. They stopped along the way so Tom could get money.
These pictures are from the cash machine he used.

Speaker 17 Did you take the cooler onto your boat?

Speaker 20 Yes.

Speaker 10 Once on Jerry's boat, they headed due east, 60 miles to sea.

Speaker 17 And then you turned around and what did you see?

Speaker 20 Saw a foot sinking into the beach.

Speaker 16 And was it a human foot? Yes, it was.

Speaker 10 How did Tom fit the nearly six foot tall woman in the four foot long cooler?

Speaker 17 We believe he broke her bones and he stuffed her in.

Speaker 11 When you're not concerned about causing somebody pain, you can manipulate them into different positions than you would if you were concerned about causing them pain.

Speaker 10 When the cooler tossed overboard, wouldn't sink. Jerry told police he shot holes in it.

Speaker 17 This is the shotgun that Jerry used to shoot the cooler.

Speaker 10 When the cooler still wouldn't sink, Tom dropped Anne-Marie's body overboard.

Speaker 11 After they realized that the cooler was not going to sink,

Speaker 11 he took her out of the cooler and wrapped her in an anchor and some anchor chain.

Speaker 10 Jerry told investigators that the cooler, now filled with holes and missing atop, drifted out to sea.

Speaker 10 His confession finally gave prosecutors what they needed.

Speaker 12 Wilmington attorney Thomas Capano heads to prison.

Speaker 10 Even as Tom Capano was arrested and taken away in handcuffs, we and her family are learning the horrifying alleged details. His lawyers ridiculed the statement made by his brother Jerry.

Speaker 16 He's somebody who's a known drug dealer, and this is the person that comes forward to point a finger. So you have to take it for what it's worth in terms of credibility.

Speaker 10 But investigators were about to get more evidence.

Speaker 11 The cooler was never supposed to be found.

Speaker 10 A crucial piece of evidence that would confirm Jerry's story.

Speaker 11 The cooler was supposed to be on the bottom of the Atlantic Ocean.

Speaker 10 And they got it from a very unlikely source.

Speaker 26 It was July 4th, 1996. A beautiful day.
We caught a lot of fish that day.

Speaker 10 Fisherman Ken Chubb never knew Tom Capano, but news of his arrest made him and a friend of his, Ron Smith, remember a day more than a year earlier.

Speaker 24 Just never thought anything more about it until the day of the article in the newspaper.

Speaker 10 Ken Chubb had spent the day, July 4th, 1996, fishing about eight miles off the Delaware coast. It was one week after Anne-Marie had disappeared.

Speaker 26 About 3.30 in the afternoon, somewhere around that time, my son Dave said, what's that floating over there?

Speaker 10 It was a cooler, a big cooler. The top was missing, and there were two holes in the insulation.
They looked like bullet holes.

Speaker 26 I patched the holes and took the lid off of mine and one hand what was missing and put it on there and I had a real nice core.

Speaker 10 Neither fisherman thought any more about it until almost a year and a half later and they saw the news.

Speaker 13 I knew it was a core.

Speaker 16 I just knew it was.

Speaker 24 It started clicking in my head.

Speaker 16 You know, that the possibility that that was a cooler.

Speaker 26 My feeling is it was a divine intervention. I feel that that core was there for a purpose.
I found it for a purpose and the thought was put in Ron's mind for a purpose.

Speaker 15 If you're a spiritual person, I think the real miracle in this whole incredible tragedy is the cooler.

Speaker 6 The cooler and the blood, I think, were both gifts from Anne.

Speaker 10 Prosecutors had Ann's blood in Tom Capano's house. Jerry's confession, and now the cooler.
Evidence they would use to try to prove Tom killed Anne-Marie.

Speaker 11 This was something that he had thought about for months and months and months.

Speaker 17 This is a well-thought-out planned killing.

Speaker 10 That's what the prosecution would tell the court. But at trial, Tom Capano has a surprise for them.

Speaker 25 He's another person who is fully cognizant of everything.

Speaker 10 Next, the shocking defense. The man I loved for many years, Tom Capano, never existed when 48 hours continues.

Speaker 25 She broke my heart.

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Speaker 25 I've tried a lot of big cases all around the country and this is a feeding frenzy. By the way, this is OJ Jr.

Speaker 10 It is the most notorious trial Wilmington, Delaware has ever seen.

Speaker 6 You know, we always said we were going to finish this for Anne-Marie because she couldn't finish it for herself.

Speaker 8 It really became an exercise in figuring out how to just get through the day.

Speaker 15 This was Annie's last fight, and they weren't going to go anywhere until they won it for her.

Speaker 10 More than two years after Anne-Marie Fahey disappeared, Tom Capano finally has to face his accusers.

Speaker 11 We wanted the jury to see who this guy was.

Speaker 10 The prosecutors have proof of Anne-Marie's blood in Tom Capano's house. They have his brother Jerry's confession, and they have the cooler.

Speaker 11 This is not a one-night, accidental, panicky incident. This was a planned murder.

Speaker 10 And to help prove the murder was planned, they have evidence that just a month before Emery died, Capano got a.22-caliber handgun like this one. I'm surprised by the size of that gun.

Speaker 10 I was taken aback when I first saw that.

Speaker 17 Because it's so small?

Speaker 17 That's true, although I think he knew he was going to shoot her from close range.

Speaker 10 Colin Conley never found the actual weapon,

Speaker 10 but his investigators did uncover a receipt for one.

Speaker 11 This is the receipt for the gun Debbie bought.

Speaker 10 Debbie is Debbie McIntyre. Remember her? She was the woman Tom Capano secretly dated for more than 17 years and was still seen throughout his affair with Anne Marie.

Speaker 10 Did Anne Marie have any idea that Tom was seeing Debbie McIntyre? No.

Speaker 10 Did Debbie McIntyre have any idea that Tom was seeing Anne-Marie? No. Throughout the investigation, I love you.

Speaker 30 I love you too.

Speaker 10 As these tape phone calls from jail show,

Speaker 30 I love you too.

Speaker 10 Debbie McIntyre remained loyal to Tom Capano.

Speaker 17 Debbie McIntyre, he had described as susceptible to manipulation. You love me enough to fight for me.

Speaker 2 Weak.

Speaker 17 Insecure.

Speaker 13 I need you to.

Speaker 17 A doormat.

Speaker 30 It is hard to believe, under the circumstances, that I actually do love you.

Speaker 10 But I do.

Speaker 10 But facing possible criminal charges herself, Debbie turned states witness.

Speaker 17 We confronted her with the gun receipt, and within a month, we had reached a cooperation agreement with her.

Speaker 30 I told them that I bought it, and I gave it to you. You wanted it, and I gave it to you.

Speaker 10 Debbie McIntyre admitted she bought the gun just one month before Anne-Marie disappeared. But she claimed she bought it for Tom Capano.

Speaker 20 Why did you say such a thing?

Speaker 30 Because you did.

Speaker 20 How could you love me and then betray me? How could you do something?

Speaker 30 I didn't betray you. I told the truth.

Speaker 20 Don't say that one more time. Debbie, how could you do something even without talking to me?

Speaker 20 We have made promises to each other. They're destroying me, Debbie.
Do you know what they're going to do with this?

Speaker 30 Let's go back to this gun.

Speaker 20 No, no, no, no, no.

Speaker 30 Who made me give you the gun?

Speaker 20 No, no, no, no, no, no, no, no, no.

Speaker 10 A man I loved for many years, Tom Capano, never existed. When it was clear Debbie McIntyre would go ahead with her testimony, she broke my heart.
Capano's lawyers dropped a bombshell.

Speaker 25 Shocking revelations today in the Thomas Capano murder trial. It's a tragic horrible accident.

Speaker 10 That's about all I can do.

Speaker 10 It was in this courtroom that Tom Capano finally admitted he knew what happened to Anne-Marie Fahey. He even admitted he disposed of her body, just as his brother said he did.

Speaker 10 But Capano told the jury that he didn't kill Anne-Marie.

Speaker 10 He claimed Debbie McIntyre did, that she had found Capano and Anne-Marie together, had become upset, and while trying to commit suicide, Capano says McIntyre accidentally shot and killed Anne-Marie.

Speaker 5 We tried to stop her and the gun went off.

Speaker 10 Tom's brother-in-law, Lee Ramuno.

Speaker 5 I don't know why that's hard to believe.

Speaker 10 Capano took the stand for eight days to try to convince the jury that Debbie did it.

Speaker 6 His whole nature and personality became so clear up there.

Speaker 15 He thought, I'm Tom Capano. I can control this courtroom.
When I get done telling these people, they'll see it my way, and I'll walk out of here.

Speaker 15 I wish everybody could have seen that manipulative evil on the witness stand.

Speaker 10 You call him evil.

Speaker 13 Oh, God, yes.

Speaker 10 But nothing Capano told the jury spoke louder than this.

Speaker 17 Ferris and I walked it out as if we were walking a coffin out of a church. We laid it in front of the jury.
I think they were shell-shocked.

Speaker 17 I just think it really drove home the impact that somebody had been stuffed unceremoniously into a fish cooler.

Speaker 17 And that was a noise that resonated in the courtroom. The sound of the wooden handles against the side.

Speaker 11 It sort of riveted the case back where it belonged, and that was what happened to Anne-Marie Fahey, and this was her coffin.

Speaker 10 When that cooler was brought in the courtroom, it was very, very upsetting because that was the last place that Anne-Marie was.

Speaker 10 The jury took three days to reach a verdict.

Speaker 15 Jury walked in with such determination, didn't look at anybody.

Speaker 2 It was so still.

Speaker 15 If a feather had hit the floor, you would have heard the reverberation.

Speaker 15 And it's one of the few times they brought Capano into the courtroom that he looked scared.

Speaker 6 The foreman stood up, you could hear a pin drop.

Speaker 12 It's guilty of murder one for Thomas Capano.

Speaker 12 And we heard this incredible roar back behind the courtroom.

Speaker 30 What you now hear is the crowd cheering as various members of the Fahey family are now coming out.

Speaker 7 It's a hollow victory just because I'm

Speaker 1 sad because I mean we all miss Anne-Marie and

Speaker 6 she's not coming home.

Speaker 10 The only question left.

Speaker 31 Will it be life or death for the convicted murderer?

Speaker 10 What happens to Tom Capano?

Speaker 31 Capano could receive life in jail without parole.

Speaker 10 That's next.

Speaker 31 Or he could receive the death penalty that is by lethal injection.

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Speaker 33 One of the most notorious murder trials is coming to an end.

Speaker 18 He was once a prominent lawyer on top of the world.

Speaker 10 March 16th, 1999,

Speaker 10 Tom Capano took his last shackled walk into the Wilmington courthouse to learn his fate.

Speaker 31 Capano could receive life in jail or he could receive the death penalty.

Speaker 10 We'll bring you a decision just as soon as it's announced.

Speaker 13 This is special legal.

Speaker 18 Convicted killer Thomas Capano now has a date with death. Death by lethal injection.

Speaker 30 Death penalty. Read all about it.

Speaker 10 No comments. Thanks a lot.
Judge William Lee sentenced Tom Capano to die by lethal injection.

Speaker 17 Tom Capano was a wealthy, well-connected person who thought he was going to get away with murder.

Speaker 10 Capano's appeal to the United States Supreme Court was denied, but his new attorney says there are still other avenues to challenge Capano's conviction and sentence.

Speaker 10 In the meantime, the man who once had everything now spends 23 hours a day alone in a cell on Death Road.

Speaker 5 It's devastating for his kids, it's devastating for his mother, it's devastating for my wife, his sister, everybody that knew and cared about him.

Speaker 10 Devastating and also hard to accept for those who love Tom Capano.

Speaker 34 I still think that he's a decent, honest person.

Speaker 5 I don't think he's a killer.

Speaker 34 I mean,

Speaker 34 that I will never believe.

Speaker 19 The pain

Speaker 19 from the whole trial.

Speaker 19 It's so incredibly bad.

Speaker 10 Remember Susan Louth? She's Tom's former girlfriend who moved to the Virgin Islands to escape the scrutiny of the Capano trial. Do you still love him?

Speaker 10 The old one.

Speaker 19 I didn't know the person

Speaker 19 on trial.

Speaker 10 What do we take away from this whole tragedy?

Speaker 13 Boy.

Speaker 9 We learn that the handsomest, most beautiful, gentle smiles can hide a monster behind the perfect mask. Did you see that lovely rose blossom of a face of Anne Marie?

Speaker 9 It really bothers me that she was treated so badly even after her death.

Speaker 9 And you think he threw her away.

Speaker 17 And he knows we're never going to find a body.

Speaker 10 Prosecutor Colin Conley, now the Delaware U.S. Attorney, had spent three years on the case.
Hey, William.

Speaker 17 I had two children born during the case, my wife and I did.

Speaker 10 He still has questions.

Speaker 17 In the very end, the last 5% of the truth we would never get because there was only one person who could give that up, and that was Tom Capano, and he was never going to tell us what really happened.

Speaker 10 The Faheys filed a civil suit against Tom Capano and were awarded an undisclosed settlement.

Speaker 10 Capano filed a suit of his own against Debbie McIntyre, saying if he's responsible for Anne-Marie's death, so is McIntyre. He later dropped the suit.

Speaker 10 Whatever happened that night, Anne-Marie Fahey is now gone forever.

Speaker 6 I would hope that people would remember Anne

Speaker 6 as a very loving person.

Speaker 8 Place of Anne-Marie, thank you for coming.

Speaker 10 Anne-Marie is remembered every year at events that raise money for the charity established in her name.

Speaker 10 An annual run takes place in what was Anne-Marie's favorite park.

Speaker 15 Annie Annie loved to run through the park here.

Speaker 10 And now, the place to remember her.

Speaker 15 Anne-Marie's girlfriends dedicated a bench to her.

Speaker 10 This is it?

Speaker 13 This is it.

Speaker 10 And without a body for burial.

Speaker 15 This is the closest to something tangible to have and touch, to remember her by.

Speaker 10 Anne-Marie Chinead Fay.

Speaker 15 It's a beautiful spot.

Speaker 8 You got the river right there.

Speaker 9 I'm alone in my house tonight, drinking a beer and listening to music.

Speaker 6 Now I think about her every day. I talk to her in my head every day.

Speaker 10 Her sister Kathleen can only wonder what might have been.

Speaker 6 I think she'd be married and if not having had a child, definitely wouldn't like to have one.

Speaker 8 You know, she had her own style. She was very funny.

Speaker 6 And you would hear that laugh. I still hear that laugh.

Speaker 8 Can't you still hear it? Oh yeah. She just let loose.

Speaker 6 She was great with children.

Speaker 6 She just had a very gentle, kind way about her.

Speaker 6 And she's truly missed by many.

Speaker 2 Throughout the investigation, Capano blasted prosecutors for being, quote, overzealous.

Speaker 2 But they stood their ground, building their case piece by little piece, even under intense public pressure, to make an arrest. For some, the proverbial wheels of justice may have turned too slowly.

Speaker 2 But the results in this instance should bolster confidence in the American system of justice. In a small state, one man with a big reputation and enormous influence was not above the law.

Speaker 2 He thought he could get away with murder. He was wrong.

Speaker 35 In 2006, Tom Capano's death sentence was overturned. He died of a heart attack five years later while serving a life sentence.
He was 61.

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Speaker 14 Dearest Eva, I think about about you all the time. Once I find you and your daughter, then I will kill you both.

Speaker 33 Those words and those threats were absolute psychological terrorism.

Speaker 36 Surviving 12 years of terror.

Speaker 14 You be prepared for my arrival.

Speaker 33 Oh my God.

Speaker 33 He found our house and he was coming.

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