Deadly Attraction

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He was a wealthy, connected lawyer.

Tonk Pano was a magnetic, charming individual.

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

He seemed to have it all.

He was actually thinking about running for Attorney General.

But he wanted something he couldn't have.

Anne was very, very pretty.

She had this great inner life.

And when he couldn't have her...

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

He killed her.

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

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

Aaron Moriarty reports the anatomy of a murder.

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

Well, he almost did.

The real story behind the investigation.

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

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

Arrogant, fascinating, brilliant killer who tripped himself up.

Fatal attraction.

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

Almost.

Good evening.

Thomas J.

Capano was a rising star who seemed to have it all.

That is, until he risked it all.

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.

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.

Tonight, insiders piece together for you the story of a powerful man who thought

he had committed the perfect crime.

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.

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

Tom Capano is my kind of guy.

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

Arrogant, fascinating, brilliant killer who tripped himself up.

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

She tried to leap it.

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.

He threw her away.

He threw her away.

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

I actually feel her sitting beside me as I work.

And I have this great responsibility to her to tell her story.

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

Anne was very, very pretty.

I mean, she was 5'10.

Her older sister, Kathleen.

You know, beautiful eyes and smile.

I love this one.

Her brother, Brian.

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

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

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.

And I'd hear that laugh.

And I would know somewhere in the building, Annie's here.

What was it about her laugh that everybody talks about?

It was infectious.

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

So few people ever guessed just how difficult her life had been.

Anne-Marie was only nine when her mother died of cancer.

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.

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

She was smart.

She was so kind.

She was perfect on her job.

Everything seemed to be coming together when she met a young banking executive, Michael Scanlon.

How serious was Anne-Marie about it?

She hoped to marry him.

She told me he would be in her wedding party and

she was head over heels with him.

She really did love him.

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.

Mike Scanling called me around 9 o'clock that Saturday evening and said that she had missed a date with him.

And that was just a trigger.

I knew something was terribly wrong at that point.

It was June 28th, 1996.

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

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.

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

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

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

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

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

I knew that they were friends and I was alarmed.

I kept calling my brother Robert in Philly.

Anne-Marie had met Capano at the governor's office.

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.

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.

She wrote that just two months before she disappeared.

And it was troubling.

I mean, I had read the last entry a number of times.

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

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.

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

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

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?

Probably like most people in Wilmington would have.

Back then, they used to say, you know, he's the nicest guy in the world.

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

I think Tom Capano did something to my sister.

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.

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

The Faheys again asked Capano to talk to police.

And he chose not to do that.

So it became very clear to us that he was obviously hiding something.

Capano was hiding something, and it would take investigators months to discover what.

He thought he was going to get away with this.

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

Coming up.

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

The many lives this guy was callous and loves.

Do you still love him?

Of Tom Capano.

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

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

She writes, I have fallen in love with a very special person.

T makes my heart smile.

I love you, T.

Tom Capano was a magnetic, charming individual.

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

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

He loved to help people.

People who had Tom as a friend were very fortunate.

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

Tommy was always known as the good boy.

A good student and athlete.

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

They were actually considering him for a judgeship.

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

He was actually thinking about running for Attorney General.

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 Fahey?

Tom's priest, Father Roberto Baldicelli.

That was impossible that he could not be involved.

Tom was somebody.

Family friend, Phyllis Hines.

He was a good husband, a good father, a family man, and whatnot.

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.

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

Delaware State Prosecutor Ferris Wharton.

While he was married.

All of this was while he was married.

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.

Debbie McIntyre was his wife's best friend.

She will become more important to this story later on.

Tom Capano was addicted to women and control.

It is the secret womanizing Tom Capano that most fascinates crime writer Ann Rule.

I think he's a complete narcissist.

Capano had everything,

and yet nothing was ever enough.

Ann has studied and written about over 1,400 criminal cases, including that of serial killer Ted Bundy.

But But she has never encountered a man quite like Tom Capano.

Having mistresses and controlling women was Tom Capano's abocation.

It's unbelievable.

Not only was Tom Capano seen Anne-Marie Fahey and Debbie McIntyre at the same time,

there was a third woman.

Her name is Susan Loud.

She has moved here to the Virgin Islands and until now, has never spoken publicly about her relationship with Tom Capano.

What made you move here?

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.

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

He was a giver, like a giver of himself.

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.

How did he juggle all of this?

I have no idea.

Was he a guy who needed that kind of attention?

He definitely needed to be needed.

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

At first, he was the perfect lover.

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

He whisked her out of town for intimate candlelit dinners.

I have fallen in love with a very special person.

He showered her with expensive gifts.

I gave him my body and love.

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

I can't think of my life without him.

How did I allow myself to fall in love with a married man?

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

Psychiatrist Dr.

Neil Kaye treated Anne-Marie during the time she secretly dated Tom Capano.

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

She keeps Tommy very, very secret, and no one knew.

No one knew.

But in late 1995, everything in her life changed.

Anne-Marie met Michael Scanlon.

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

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

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

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

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

In fact, Anne-Marie didn't want Capano.

As far as Anne-Marie was concerned, their romantic relationship was over.

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.

In early 1996...

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

Tom Capano began making harassing phone calls.

And he called her like 25 times.

Tommy, you scared me this weekend.

It really freaks me out when you call every half hour.

He began demanding the return of gifts.

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

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

I finally have brought closure to Tom Capano.

What a controlling, manipulative, insecure, jealous maniac.

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

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

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

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

They went to the restaurant in Philadelphia.

They left and returned to Capano's home.

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

Anne Marie was never seen again.

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

Coming up.

The blood was right where we thought the blood would be.

It was next to the new rug.

He had some involvement in her disappearance.

The case against Tom Capano.

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

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The air conditioning was running.

There was food left out on the counter.

Her bed was not made.

And you knew that something terribly was wrong.

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.

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.

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

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

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

Column Conley was a federal prosecutor assigned to the case.

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

All right, who wants to hit next?

A family man himself.

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

Conley was determined to get answers for the Fahey family.

And you would see the frustration in their faces.

You would see tears,

despair.

We really wanted to see justice done.

But that wasn't going to be easy.

There's no witness, there's no weapon, there's no body, that's true.

What he didn't count on was

that the investigation took a different turn.

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.

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.

Tom Capano opened the door in his bathrobe.

I think he was

dismayed to say the least.

He just looked like, he looked like he'd had the wind knocked out of him.

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

That's one of the blood spots.

You can see how small that is.

Investigators found blood.

The blood was right where we thought the blood would be.

Right here.

And Marie's blood.

Next to the new rug.

In minute amounts.

It's about two millimeters.

It was lucky that you found that.

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

But even after finding Anne-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 because they couldn't prove a murder had occurred.

And so they kept on digging in his backyard.

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

And they didn't stop there.

Acting on a tip that evidence had been discarded in Capano Company dumpsters,

investigators spent days digging through the Wilmington dump.

It reeked, the smells were horrible

as they unearthed all this trash.

And it was hot and muggy.

And then it rained.

Ever find the gun?

No.

Ever find any of her belongings?

No.

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

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.

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

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

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

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

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.

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

Yes.

Riley, a former FBI informant, taped some of the conversations.

He claims that Capano hired him first to harass Marindola with phone calls.

You want to forget about it?

I can't.

You can't forget about it.

That's right.

And later, even talked about killing her.

Do you want to go through phase two?

Yeah.

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

Killed?

Killed!

Run it down with a car.

The plan to run her over with a car was never carried out.

Riley says Capano changed his mind and backed out.

If his chain had been jerked back then,

Andy'd probably still be coming in here on Happy Hours on Friday.

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.

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

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

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

And how did he kill her?

I believe he shot her behind the ear.

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.

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

Well, he almost did.

Literally, he almost did.

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

Tom Capano could not have physically gotten rid of a body by himself.

We focused on his inner circle of friends and family.

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

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

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

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 of evidence that simply surfaced.

Here again, Aaron Moriart.

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

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

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

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

There was no body.

There were no witnesses.

There wasn't a weapon.

There was no physical evidence in her apartment.

Life had seemingly returned to normal for Tom Capano.

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

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

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

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.

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

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

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

Jerry's a playboy.

He always had everything.

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.

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

He was overindulged.

Investigators knew Jerry had been with Tom the day after Amory disappeared.

But Jerry wasn't anxious to testify against his brother.

No, because the rule with the Capano family was their family.

You protect your family.

And Jerry loved Tom.

But investigators raided Jerry's Wilmington home, finding cocaine and weapons.

Facing a long prison term, Jerry finally decided to talk.

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.

That's Tom Capana.

Yeah.

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.

Did you take the cooler onto your boat?

Yes.

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

And then you turned around and what did you see?

I saw a foot sinking into the key.

And was it a human foot?

Yes, it was.

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

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

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.

When the cooler tossed overboard, wouldn't sink.

Jerry told police he shot holes in it.

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

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

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

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

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

His confession finally gave prosecutors what they needed.

Wilmington attorney Thomas Capano heads to prison.

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.

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.

But investigators were about to get more evidence.

The cooler was never supposed to be found.

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

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

And they got it from a very unlikely source.

It was July 4th, 1996.

A beautiful day.

We caught a lot of fish that day.

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.

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

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.

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

It was a cooler.

A big cooler.

The top was missing, and there were two holes in the insulation.

They looked like bullet holes.

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

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

I knew it was a core.

I just knew it was.

It started clicking in my head.

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

My feeling is it was a divine intervention.

I feel that that cooler was there for a purpose.

I found it for a purpose and the thought was put in Ron's mind for a purpose.

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

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

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.

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

This is a well-thought-out planned killing.

That's what the prosecution would tell the court.

But at trial, Tom Capano has a surprise for them.

There's another person who is fully cognizant of everything.

Next, the shocking defense.

The man I loved for many years, Tom Capano, never existed when 48 hours continues.

She broke my heart.

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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.

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

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

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

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

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

We wanted the jury to see who this guy was.

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.

This is not a one-night, accidental, panicky incident.

This was a planned murder.

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.

I was taken aback when I first saw that.

Because it's so small?

That's true, although I think he knew he was gonna shoot her from close range.

Colin Conley never found the actual weapon,

but his investigators did uncover a receipt for one.

This is the receipt for the gun Debbie bought.

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.

Did Anne-Marie have any idea that Tom was seeing Debbie McIntyre?

No.

Did Debbie McIntyre have any idea that Tom was seeing Anne-Marie?

No.

Throughout the investigation, I love you.

I love you too.

As these tape phone calls from jail show,

I love you too.

Debbie McIntyre remained loyal to Tom Capano.

Debbie McIntyre, he had described as susceptible to manipulation.

You rubbed me enough to fight for me.

Weak.

Please, I'm begging you.

Insecure.

I need you to.

A doormat.

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

But I do.

But facing possible criminal charges herself, Debbie turned state's witness.

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

I told them that I bought it, and I gave it to you.

You wanted it, and I gave it to you.

Debbie McIntyre admitted she bought the gun just one month before Anne-Marie disappeared.

But she claimed she bought it for Tom Capano.

Why did you say such a thing?

Because you did.

How could you love me and then betray me?

How could you do something?

I didn't betray you.

I told the truth.

Don't say that one more time.

Debbie, how could you do something even without talking to me?

We have made promises to each other.

They're destroying me, Debbie.

Do you know what they're gonna do with this?

Let's go back to this gun.

No, no, no, no, no.

Who made me give you the gun?

No, no, no, no, no, no, no, no, no.

The 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.

Shocking revelations today in the Thomas Capano murder trial.

That's a tragic, horrible accident.

That's about all I can do.

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.

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

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.

He tried to stop her and the gun went off.

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

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

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

His whole nature and personality became so clear up there.

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.

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

You call him evil.

Oh, God, yes.

But nothing Capano told the jury spoke louder than this.

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.

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

And that was a noise that resonated in the courtroom.

The sound of the wooden handles against the side.

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

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

The jury took three days to reach a verdict jury walked in with such determination didn't look at anybody it was so still if a feather had hit the floor you would have heard the reverberation

and it's one of the few times they brought Capano into the courtroom that he looked scared

the foreman stood up you could hear a pin drop

It's guilty of murder one for Thomas Capano

And we heard this incredible roar back behind the courtroom.

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

It's a hollow victory just because I'm

sad because,

I mean, we all miss Anne-Marie and

she's not coming home.

The only question left.

Will it be life or death for the convicted murderer?

What happens to Tom Capano?

Capano could receive life in jail without parole.

That's next.

Or he could receive the death penalty.

That is by lethal injection.

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

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

March 16th, 1999.

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

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

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

This isn't special legal.

Convicted killer Thomas Capano now has a date with death.

Death by lethal injection?

Death penalty.

Read all about it.

No comments.

Thanks a lot.

Judge William Lee sentenced Tom Capano to die by lethal injection.

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

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.

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

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.

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

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

I don't think he's a killer.

I mean, that's that I will never believe.

The pain

from the whole trial.

It's so incredibly bad.

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?

The old one.

I didn't know the person

on trial.

What do we take take away from this whole tragedy?

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?

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

And you think he threw her away.

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

Prosecutor Colin Conley, now the Delaware U.S.

Attorney, had spent three years on the case.

Hey, William.

I had two children born during the case.

My wife and I did.

He still has questions.

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.

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

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.

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

I would hope that people would remember Anne

as a very loving person.

Press of Anne-Marie, thank you for coming.

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

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

Annie loved to run through the park here.

And now, the place to remember her.

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

This is it?

This is it.

And without a body for burial.

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

Anne-Marie Chinead Fay.

It's a beautiful spot.

You got the river right there.

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

Now I think about her every day.

I talk to her in my head every day.

Her sister Kathleen can only wonder what might have been.

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

You know, she had her own style.

She was very funny.

And you would hear that laugh.

I still hear that laugh.

Can't you still hear it?

Oh, yeah.

She just let loose.

She was great with children.

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

And she's truly missed by many.

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

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.

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.

He thought he could get away with murder.

He was wrong.

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.