Anne Marie Fahey - 607
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How you doing tonight, Aaron? I'm doing all right. How are you? I'm okay. For those of you who like to go to CrimeCon conventions, we're going to be at CrimeCon in Denver, September 5th through the 7th, and

And CrimeCon UK, which is in London, June 7th through the 8th. Use code GENY to get your tickets. And for those of you that are in Albuquerque, New Mexico, I'm going to be there March 15th. I'm going to be at the Beyond the Crime Convention. Go out to beyondcrimeconvention.com to get your tickets, and I'll see you there.

So Aaron, tonight's case is what they make movies about. There's intrigue, there's cover-ups, there's powerful people in society. Everything for a great 80s movie, I guess. With that, what are we talking about tonight? Tonight we're talking about the June 27th, 1996 disappearance and presumed murder of Anne-Marie Fahey.

Anne-Marie Fahey was born January 27th, 1966. Her parents were Robert and Kathleen Fahey. Anne-Marie was the youngest of six children. Her siblings were all very protective of her. Her mother died of lung cancer on March 16th of 1975. Robert Fahey's mother-in-law and other family members helped him take care of the children after her death. So, very tight-knit family.

Growing up, Anne-Marie focused on school and athletics. She played field hockey, basketball, and did a lot of babysitting to make money because that was a thing back then.

Anne-Marie's father decided to move to Newark during her sophomore year of high school, and Anne-Marie didn't want to leave her friends back in Delaware. So a friend's cousin offered her a room in their home, and Anne-Marie babysat for their family. It was just kind of this, hey, you don't want to move, I'll give you a room. You've been babysitting for my family for years, let's just help each other out.

During her senior year, Anne-Marie would move in with her brothers in Wilmington. She graduated high school in the spring of 1984. Her father will end up dying from leukemia in 1986. While she was in school, she had attended Wesley College and graduated in 1989. She worked part-time jobs throughout college and had a partial hockey scholarship, which is pretty cool.

She majored in international relations and did six months in an exchange program in Spain. So she had a lot going on. Where'd she go from there, Aaron? Well, future Governor Tom Carper, who was then a congressman, was introduced to Anne Marie by his Secretary of State, Ed Friel, who had known the Fahey family for years.

Now, Friel heard Anne-Marie was looking for a job, and Anne-Marie wanted to have a career in international relations. She wanted to be in D.C. In 1991, Anne-Marie was hired as a receptionist in Tom Carper's D.C. office, and she was described as a personable person, calm, and a very efficient worker.

Tom Carper was elected governor in 1992, and Ann Marie became his appointment secretary and moved back to Wilmington. She was known to be very organized and meticulous, so this job was a great fit for her. And Ann Marie's roommate got married in 1994, so that's when she finally moved into her own place, an apartment.

And it's in 1993, she met a man named Thomas Capano, who was an attorney. Tom was married with four daughters and was over a decade older than Anne-Marie. And it's said that he had affairs with lots of different women.

He was the former deputy attorney general. He once counseled the governor and mayor. And by 1996, he was the managing partner of a powerful law firm. And I just think of all the 80s movies and even American Psycho when I think of somebody like this.

So the Capanos, they're a wealthy and well-known family, and Tom was the oldest son of a well-known custom home builder. Tom had three younger brothers, Louis Jr., Joey, and Gerard. Tom had helped each brother out with legal scandals. Gerard Capano had been in trouble for drug use. Joseph Capano had been arrested and charged with kidnapping and raping a woman in 1991, but pleaded guilty to assault, imprisonment, and unlawful sexual contact.

His brother, Louis Capano Jr., had ties to former Transportation Secretary Kermit Justice, who was convicted of accepting bribes in 1992. He also participated in the FBI sting operation in 1989 that helped get a former county councilman convicted of extortion.

So Tom Capano separated from his wife Kay in the fall of 1995. His affair with Anne-Marie continued off and on. Tom gave her gifts and took her to nice restaurants and, as it's said, wined and dined her. Anne-Marie didn't tell very many people about the affair, so her friends and family didn't know

that she was seeing Tom. The news journal reported that Anne-Marie's family believed Tom was pursuing her and that they were just kind of left in the dark. So it's in the fall of 1995, Anne started dating MBNA Charities Chief Michael R. Scanlon. Michael was considered an ideal man and Anne-Marie's family loved him and thought she was going to marry him.

So Anne-Marie might be seeing this new guy, but she's still thinking about Tom all the time. And on top of this, Anne-Marie dealt with mental health problems, including anxiety and an eating disorder. She saw a therapist and was then prescribed antidepressants. Now, Anne-Marie, she had a good relationship with this therapist, but the therapist ended up dying in a car accident. So Anne-Marie was on the search for another therapist.

She also started running, went on a bike trip to New York City, and in December of 1995, she went on vacation to Puerto Rico.

Now, Anne-Marie kept a diary where she kept most of her thoughts, but she kept them recorded in Spanish. So Anne-Marie, she's got this secret diary. She's also, to the public, to the people that know her, she's putting on a happy face, but she's actually struggling. And she lost 25 pounds around the time of her disappearance and was very thin. Between the depression and eating disorder or just being stressed out about what's going on,

All of this is weighing on her. So it's what happens next that kind of gives people pause because they don't know what's going on. They know that she's having some troubles, but she's putting on that happy face. But she was last seen alive the evening of June 27th of 1996. She was having dinner with Tom at a Philadelphia restaurant.

Now, we just know that because of the investigation that happens later, but nobody knows she's missing yet until she had a hair appointment on June 28th the next day. She doesn't show up for it. And this is not like her. We painted her work ethic, how efficient she is, how personable she is. So she is reported missing June 29th, just two days later after she missed a date with her boyfriend, Michael Scanlon.

Michael and Anne, Anne-Marie's sister Kathleen, went to her apartment and got the landlord to unlock the door and let them in. The landlord hadn't seen Anne in several days either, but her vehicle was still parked outside. So it's like, okay, she's not answering the door. No one's seen her. Here's her car. It's not adding up. So they get into her apartment.

And Kathleen and Michael, they smell a foul odor. And her bedroom is in complete disarray. Shoe boxes were thrown around. Dry cleaning bags were ripped open. Suitcase was still in the closet. And she had a dress laying out like she was planning on wearing it soon. And it's just not like her to leave her entire apartment in disarray. So they know something's up with this.

Kathleen spotted an expensive pantsuit in a Talbot's box. She and Anne-Marie had argued about this exact suit earlier that week because Anne-Marie wanted to buy it and couldn't afford it. Anne-Marie didn't end up buying it that day with Kathleen, which caused Kathleen to wonder if she had went back for it or if somebody had bought it for her. And as we know, there's a guy that likes to buy her gifts.

When Kathleen and Michael checked the kitchen, they discovered rotting produce was the source of the foul smell. So obviously she hadn't been home in a few days. Kathleen spotted Anne-Marie's purse and called the police to report her sister missing at that point. After making the call, Kathleen found an unsigned letter from a male acquaintance she did not know. She found three more letters and felt that they were all connected.

These letters came from the offices of Thomas Capano. One of these letters was dated June 25th. It appeared the acquaintance sent Anne-Marie some money. You know, they're kind of putting it together here. Kathleen called her brother Robert, who then called Anne-Marie's therapist, Michelle Sullivan. Now, Sullivan asked the siblings, can you think of anyone who would abduct your sister? And this was all that Sullivan could say because there's confidentiality issues here.

Robert Fahey called Anne-Marie's friend Kim, who was aware of her affair. Remember, Anne didn't really tell too many people about this affair, but Kim was one of the people in the know. Kim said Anne-Marie had broken things off and Tom Capano was depressed because of it.

Kim then called Thomas Capano, who said he didn't have any idea where Anne-Marie was. He did feel confident she would show up to work on Monday morning. He admitted he went out to dinner with her, stopped at his place to give her groceries and a gift, and then took her home. So when Kim told him that Anne-Marie's family filed a missing persons report, he said, I wonder if they'll be looking for me.

Quite a thought to have. Why would they be looking for him if he has nothing to do with this? So detectives, they look at Anne Marie's diary. They find it, they're looking at it, and they learn that she had been seeing a married man named Thomas and was in love with him.

So the police, they figure out who Tom is. It's Tom Capano. And they speak with him at 3.30 a.m. and 2.30 p.m. on June 30th. And during his first interview, Tom looked as if he'd been asleep, but he already knew why the police were there.

He said that he took Ann Marie out to dinner, but he insisted that he dropped her off at home afterwards. She had plans to take the day off work and go to the beach. Now, Tom did mention that she got into an argument with her sister that week and had suffered from depression and suicidal thoughts. Detective Robert Donovan caught Tom in a lie. Tom said he stopped at a gas station to buy cigarettes at 10 p.m. on the night of June 27th. However, this particular gas station closed at 9.30.

He's definitely trying to paint a, this is the exact time. So I did not see her after this point. And it's one thing to be like, oh, it was around nine 30, around 10 o'clock. But Tom is being very specific about this timeframe and this window.

And when police spoke to Anne Marie's therapist, they learned she was afraid of Tom. The therapist told them that Tom stalked her, harassed her, but she didn't file a police report because she didn't want to embarrass the governor. Also, she had a relationship with this man. It was an affair. It's kind of embarrassing for her. So she doesn't know what to do when Tom is behaving in a harassing manner.

Luckily enough, they can talk with this therapist and learn this because this isn't something that Ann Marie is just telling people. She told her therapist.

So Detective Robert Donovan talks to Tom a second time and he notices that Tom gets more agitated. Capano brought in attorneys for further questions. So he's starting to close the shop down, right? He doesn't want to answer questions. He feels the heat. Detective Donovan spoke to people at the restaurant in Philadelphia where Ann and Tom had eaten. He learned that Ann looked sick and barely touched her food, which Tom ordered for her.

And apparently the people that were there at the time said that this couple just looked like they were in a bad mood.

On July 2nd, 1996, Anne Marie's hairdresser, Lisa D'Amico, called detectives and reported that Anne Marie told her that Tom Capano stalked her after she began dating Michael Scanlon. So it's July 5th. President, at that time, President Bill Clinton called Tom Carper, who she had worked for, and promised to look into getting assistance from federal resources.

Some of his staff knew Anne-Marie, and they're wanting to help with this investigation. July 25th, Tom offered to talk to the police, but didn't answer questions when asked about personal matters unrelated to Anne-Marie. So he's coming in, but they're not getting much from him. So this investigation is focused on him, but they just don't know what happened the night of.

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That's ShipStation.com, code Gen Y. In late July, Capano's maid, Ruth Boylan, told the police that she cleaned the house on July 22nd and noticed that a loveseat and rug had been replaced. Shaw Taylor, a project manager for Tom's brother, Louis Capano Jr., met with FBI agents and said Louis asked him on July 1st to have a half-filled dumpster emptied from a construction site.

Investigators also learned that earlier that month, Tom's brother Gerard Capano sold a fishing boat without an anchor. They're going through, they're seeing what his brothers are up to over this time, and they're seeing things that are suspicious. They also found that Tom used his credit card at a store on June 30th, and the manager told agents a man resembling Tom asked about blood remover.

Can you paint a clearer picture here? Again, I think of American Psycho when he's at the dry cleaners and talking about if they could get this blood stain out. And he's arguing with the people there. And here we're having a very similar scene painted for us. Finally, the FBI also learned that Tom surprised his estranged wife by asking to borrow her vehicle early on June 28th.

It was on July 29th when Tom Capano was declared a suspect in Anne-Marie's disappearance. Two spots of Anne-Marie's blood were found during an 11-hour search of Tom's home. This is July 31st.

his Jeep, and his wife's vehicle. The FBI labeled the case a federal kidnapping probe now. Authorities found bloodstain remover and hard copies of emails between Tom and Anne-Marie. There were three small bloodstains in Tom's great room, which were sent to the FBI crime lab. A love seat and rug were obviously missing from the area where the blood was found.

Investigators found a receipt for a cheap rug Tom bought to replace the expensive one. So as we've said, they found blood in this area, but the love seat and original rug are gone, just disposed of, and we have a lot of suspicious behavior. August 5th, Tom was notified that he was under investigation by a federal grand jury.

He is a powerful attorney. So the police, they can do what they can, but as soon as he lawyers up, they're kind of stagnated. And that's why it took the FBI and all these other resources to come in and get this investigation against Tom. August of 1996, the police and FBI searched two landfills where debris from Louis Capano Jr.'s trash bin was taken, but they did not locate the love cedar rug that had been replaced.

Later that month, Tom was forced to give blood and hair samples for the investigation. So this grand jury is convened, and on August 29th, six people, including Louis Capano Jr., testify.

In November of 1996, authorities seized a note from Tom's law partner's office that contained his timeline for June 28th. Tom claimed he was in Stone Harbor, New Jersey with his brother Gerard.

On January 3rd of 1997, probable cause affidavit was unsealed, revealing the FBI suspected Tom killed Anne-Marie in his rental home in Wilmington, where he lived after separating with his wife. Tom was allegedly jealous because Anne-Marie wanted to end the affair because she'd met another man.

And September 4th of 1997, the FBI wrote in court papers that Tom asked someone to harm a secretary who spurred his advances in the early 80s. So they're putting this together. And since he said he was with his brother Gerard, they raided his brother's home. Federal agents seized 21 weapons, small amounts of cocaine and marijuana and drug paraphernalia on October 8th.

All but three weapons were found in an unlocked safe in a child's bedroom, and Gerard was facing charges of parental neglect. So, of course, Gerard, under all this pressure, goes to Tom for help like he always did. And Tom's response was, be a man. The prosecutor's office served a second warrant at the home of Gerard's friend, a convicted felon. They found a gun linked to Gerard Capano.

On November 7th, 1997, Gerard and Michelle Capano were cleared of allegations that they neglected their two children. This is obvious that they're putting all this pressure on Tom's brother, trying to see if they can get something to break open. Trying to get him to turn.

On November 8th, 1997, Gerard Capano went to the police and he told investigators he used his boat to help his brother dispose of a body and helped him dispose of a blood-stained sofa in a dumpster. Tom resisted his brother's pleas to surrender himself. Obviously, Gerard has broken here. He wants this behind him, and he's even asked Tom to come clean as well, but

But Tom's not doing that. Now, Gerard claimed that Tom once asked him for a gun and then asked if he knew anyone who could break someone's legs. Tom claimed an extortionist was threatening him and he needed to protect himself and his daughters. So Gerard gave him the gun, but he refused his brother's request to use his boat in case he killed someone. Tom later returned the gun, unfired, to his brother.

Gerard then explained what happened on June 28, 1996.

According to Gerard, just before 6 a.m. on June 28th, he went outside and saw Tom sitting outside in his vehicle. He walked over to his vehicle. Tom rolled down his window and Gerard asked him, did you do it? Tom nodded and said he needed help. Gerard said he didn't want to be involved because he believed Tom killed the man who tried to extort him because he said he was being extorted by this man, this story.

Tom reminded Gerard he had helped him in the past, and he owed him. With all of the scandals and crap that this family's been involved in, Tom was always the one that bailed them out. Tom told him he needed to use his boat to dump the body in the ocean, and he didn't know how to drive it. So his brother, Gerard, eventually agreed to help.

He went to Tom's home later that morning. Tom had a large white cooler wrapped with a chain and rolled up rug. Gerard refused to let Tom bring the rug with them. I guess he knew there was evidence on there, something to that effect. And they drove to Stone Harbor, New Jersey. They got on his boat with the cooler.

They drove out about 60 miles offshore and stopped at a point where the ocean was around 200 feet deep. They could only see one other boat about a quarter mile away. They threw the cooler over the side and expected it to just sink due to its weight. But if you don't know, coolers are insulated with foam, so it floated. So then Tom was like, we need it to sink, shoot it.

So Gerard shot at it. A red liquid came out of a hole, but the cooler did not sink.

So, these two had to figure out how to get this to sink, and Tom says, we need to pull it back into the boat. So, they do. They disassemble the cooler, but Gerard is telling him, I don't want anything to do with this. So, Tom's like, well, I don't know what to do. So, Gerard gave him two anchors, but told his brother, you're on your own. Gerard says he went as far away as he could and tried not to watch.

He heard Tom struggling with the lock and chain and heard Tom vomit. Gerard heard a heavy splash in the water and he turned towards it and saw a calf and foot disappearing into the water. They removed the lid from the cooler and threw it overboard. Afterwards, Tom gave Gerard a story that he should tell the police if he was questioned by them.

So, Gerard is claiming he thought this was a man that extorted his brother and they were disposing of that body. And then these two fools can't even dispose of a body properly.

So two days later, this is November 10th, Louis Capano Jr. admitted that Gerard told him about the murder and cover-up a year earlier. He also admitted that he saw a sofa in his job site dumpster on July 1st, a day after Tom told him he put some of Anne-Marie Fahey's belongings there. Louis ordered a new dumpster the Monday after she disappeared, which was days ahead of schedule. So it's not normal.

Lewis said he had no direct knowledge of Tom's actions. He admitted he misled the authorities, but he did so because he believed in his brother's innocence. He later learned information that caused him to re-examine his actions, and he pleaded with Tom to turn himself in. So he said two brothers telling him, you need to just turn yourself in. You need to come clean. Lewis Jr. signed an agreement pleading guilty to harassing a grand jury witness.

So it's finally November 12th, 1997. Tom Capano is arrested and charged with first degree murder. Tom's defense attorney calls Gerard's statement bull and said the family ostracized him and threw him under the bus. Not really sure how that is a good defense, but that's his defense. Louis Capano Jr. and Gerard Capano testified before the federal ground jury after the arrest.

And on November 13th, a fisherman turned in a 40 and a half gallon igloo cooler believed to be the one used to transport the body. And back on July 4th, a man named Ken Chubb was out fishing and spotted a new cooler floating in the water. It didn't have a lid or a handle, but was still in good condition.

He saw bullet holes and a pink stain inside. He assumed it was blood from a catch. He thought he could plug the holes and add a lid to the cooler.

I don't get why he thinks it's still in good condition. It has bullet holes in it. And no lid. Again, they thought a cooler would sink. They're not very smart. So we're finding a lot of pieces to this crime here, which if you're not able to recover a body, you need everything you can to prosecute somebody in a murder without a body.

This obviously is a difficult case because there's no body, no murder weapon, and no witnesses who saw Gerard's boat on the water on June 28th. Now, detectives did have a picture of Tom withdrawing money from an ATM on June 28th, like Gerard said, as well as receipts for a new rug and cooler. The police never found the bloody love seat or rug.

The cooler had lead residue and red fabric around the bullet holes. The Fahys said that a red outfit was missing from Anne Marie's apartment. Tom eventually admitted to dumping the bloody love seat. He had two stories about how the blood got there. His first one was he said he had sex with Anne while she was on her period. And then he said she cut her wrists one night while sitting on the couch. And while he's saying all this, he's admitting he's also told several lies.

Tom was indicted on December 22nd, 1997. Some pretty outlandish stories to explain why there was blood. And obviously, people aren't exactly buying it. February 4th, 1998, FBI agent revealed Tom's longtime mistress, Deborah McIntyre, purchased a pistol six weeks before Anne Marie's disappearance on May 13th of 1996.

Deborah was a former school administrator who had had a 15-year affair with Tom. So he obviously has a pattern of behavior here, and he had cheated on his wife with multiple women and even had multiple affairs spanning decades.

At first, Deborah McIntyre lied about her relationship with Tom and lied about the gun because she wanted to protect him. On February 27, 1998, she spoke to prosecutors and admitted she purchased the pistol and gave it to Tom because he told her extortionists might harm him and his daughters. According to McIntyre's attorney, she never asked what happened to Anne-Marie, but Tom told her he took a boat ride with his brother on June 28th.

In March 1998, inmate Wilfredo Tito Rosa told prosecutors that Tom offered him $100,000 to arrange the murders of Deborah McIntyre and Gerard Capano. And another inmate, Nicholas Perillo, said Tom plotted with him to have McIntyre's home burglarized. And this whole plot is being revealed on June 1998 by McIntyre and Gerard's lawyers and

They finally declare Anne-Marie Fahey dead on June 18th of 1998. Anne-Marie's five siblings sued Capano and his three brothers for wrongful death later that month. And on August 31st, Tom was charged with three counts of criminal solicitation. So this is all leading up to

His murder trial. Yeah, that started October 6th, 1998, and opening statements were given October 26th. The prosecution, they start by reading Anne Marie's last diary entry from April 7th, 1996.

In it, she wrote that she finally brought closure to Tom Capano and described him as a controlling, manipulative, insecure, jealous maniac. So obviously, when she was trying to tell him it was over, it was because she wasn't happy with him. No matter if it was an affair or what, she just felt like this is not a good person. Anne-Marie fell for Tom, but eventually was put off by his controlling ways. She tried to end this relationship in the fall of 1995.

But Tom would not accept it, and he found ways to stay in her life. She went out to dinner and exchanged friendly emails to try and placate him. Anne-Marie's co-worker said she was in a good mood on June 27th, which was a Thursday, because she had Friday off. It was going to get a massage, a pedicure, and read in the park.

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In this trial, they're able to explain a lot of the evidence that was discovered, where Tom was, what his brothers were doing, how they helped him, purchases made by Tom. It all fits. So defense attorney Joseph Oteri shocked the court when he admitted that Tom dumped Anne Marie's body into the ocean, but

but claimed that she wasn't a murder victim. He claimed that Anne-Marie had died in a tragic accident and Tom had lied to the police to protect himself out of fear. Only one other person, according to this defense attorney, knew what had happened that night, but the defense would not identify this person in their statements. And they claim that the cooler with the bolt holes in it was meant to be a gift for his brother and not Anne-Marie's coffin. If Tom

had wanted to put Anne-Marie in a cooler, he wouldn't have purchased it at a store in Willington using his credit card. Okay. Well, it's defense, right?

Joseph Oteri, the attorney, called Gerard a booze hound with a brain like a fried egg because of drug use, saying Gerard's claim that Tom told him about extortionists was a figment of his imagination. Of course, I would remind people that multiple people were told about the extortionists. Tom borrowed $8,000 from Gerard in February of 1996, and Gerard asked if someone was shaking him down, and Tom apparently agreed to appease him. And it's

And it should be noted that Gerard was threatened with gun and drug charges and received leniency from prosecutors for his testimony. And he agreed to plead guilty to concealing a felony. So that's part of this. And the defense wanted to declare a mistrial over Gerard's deal with the prosecution, but their motion was denied. So the defense is saying, hey, they gave this guy all this stuff to testify against his brother.

And he's unreliable and he's just making stuff up. This should be a mistrial. This shouldn't even be admissible at all. And that was denied. The defense also described Tom as Anne Marie's confidant. He helped her deal with her eating disorder, gave her money, and he took her out almost every week until she died.

The defense went on to claim that Deborah McIntyre, the prosecution's other star witness, lied five times before she got an immunity deal. McIntyre had said she was at home with her teenage children on the night of the murder.

So the defense, they have a plan for all this. They're going to call out all of these lies, which included McIntyre claiming she and Tom were friends and weren't romantic until 1997. She initially said she bought the gun several months and not six weeks before the murder. She also said she threw the gun into her garbage soon after buying it and only told Tom about purchasing and disposing of the weapon.

I guess you have to point out the inconsistencies in her story and discredit her or try to discredit her. But at the end of the day, it's when she changes her story that it actually lines up with the facts of the matter and not when she's lying. But okay, I got it. It's on October 29th. Detective testified that Tom lied when he was first asked about Anne-Marie's death.

He said he thought she was with friends. So now we have this other story where he disposed of her body from a tragic accident, but he had been lying to detectives. So if the defense is pointing out lies from some of his mistresses, well, we can point out all the lies that Tom told too.

On November 4th, a state police captain and a member of the governor's security team testified that Anne Marie told her Tom was stalking her but refused help. Gerard Capano testified about disposing of a body on November 9th. And the following day, the defense read a transcript of a drunken voicemail from Gerard to Tom where he threatened to make up stuff as I go along.

And Louis Capano Jr. testified that he tried to talk Tom into telling the police about Anne Marie's death and disposing of her body, but Tom refused. And then we have Deborah McIntyre.

testifying November 18th. She testified that she met Tom in 1977 when he worked with her husband at a law firm. They started the affair in 1981. She fell in love with him. Deborah got divorced in 1984. She also claimed that about 10 years earlier, Tom arranged for her to have sex with a man that she did not name in court.

Tom watched through a window. She said that in the early 90s, he persuaded her to have sex with Keith Brady, a top law enforcement officer in the state. Deborah wanted to marry Tom, which is why she left her husband. He told her that after he left his wife, he needed to be single for 18 months because that was expected.

He said he wanted to spend the rest of his life with her. She did not know he had been seeing Anne-Marie Fahey for over two years. So she leaves her husband. Tom says, I have to leave my wife, but I have to be single because I can't be with you right away. And she's being manipulated. So McIntyre testifies that she bought a gun as a special favor to Tom and

and lied to prosecutors, special favor to Tom, and lied to prosecutors at his request to try to cover this up because she was in love with him and she was being manipulated by him. And she says that Tom said he needed her to do something very special for him. He wouldn't say what until April of 1996 when he revealed that he wanted her to buy this gun. He said someone was trying to extort him, but he wasn't going to use the gun.

So, McIntyre tried to buy a gun in April, but told the clerk she was buying a gun for a friend, which is a straw man purchase and a federal crime. So, she went to a different gun store on May 13th. She never saw the gun again after giving it to Tom, and he never paid her back for the gun either. So,

He's asking her to buy a gun. He's telling her about this extortion thing that the defense is saying the brothers made this whole fantasy up. And she's confirming all of the lies that Tom has been telling her and his brothers. Now, she also testifies about being home on the night of June 27th, 1996. She said she spoke to Tom over the phone and seemed agitated. Tom called her at 5 o'clock p.m. and at 1030, she called him and left a message.

15 minutes later, he called back and told her never to leave a message on his voicemail, which was confusing because she'd done it so many times before. He asked if she could help him do something in the morning, but she had work to do. They spoke again at 1 a.m. Tom said he wanted to go golfing that day.

On the Sunday after June 27th, Tom showed up at her house and said, somebody has set me up. He said the police came to his home before dawn. In the afternoon, he returned and gave her three pornographic movies and said it would be embarrassing if someone found them. And of course, he shows back up again later saying that the police had searched his house and Jeep.

McIntyre didn't hear anything about Anne-Marie until July 2nd, when Tom told her he had once loved Anne-Marie and went to dinner with her the night she disappeared. Tom later said he played no role in her disappearance, but said the gun was gone deep in the water, obviously, saying he had thrown it out in the ocean. So this is really damning testimony from McIntyre, his previous life.

mistress who is connecting all the dots here of every single move that Tom has made leading up to this disappearance and after the disappearance.

On November 23rd, the defense accused Deborah McIntyre of killing Anne Marie inside Tom's home. McIntyre denied this and said, I don't know what happened to that firearm. I am absolutely certain about that. On November 24th, Nicholas Perillo, a prison informant, testified that Tom plotted to hire a burglar to ransack McIntyre's home after she became a prosecution witness. Prosecutors hoped his testimony would prove Tom was trying to intimidate Deborah into not testifying against him.

Now, the defense, they didn't dispute that Tom had made a plan to burglarize Debra McIntyre's home, but said that Perillo was trying to set up Tom after he was charged with two burglaries in January and was facing a potential life sentence. Once again, sweet deals. You can't believe these people because they're getting good deals.

Perillo said there was no deal and he came forward because he feared for Debra McIntyre. And he testified that he and Tom were housed next to each other in solitary. They spoke through a hole at the bottom of their cells. And he was making calls for Tom to his estranged wife. And Tom's wife put $25 in his commissary account. Tom gave him instructions about what to tell Debra McIntyre over the phone.

And you can say this is a jailhouse informant, so whatever, we don't need to believe him. But this isn't a jailhouse informant who's claiming he confessed to me about the murder. This is somebody who's saying he tried to hire me to intimidate a witness. And then we can do the throwback to one of his brothers being charged with witness intimidation. This all is coming together, I think, very neatly. CBT

February 27th, Perillo wrote to his attorney, Thomas Foley, and said that Capano told him about having Deborah buy the gun. The note said, Jesus, I think the bastard killed her, and he's trying to destroy anyone that gets in his way. And this was the day that McIntyre told prosecutors that her original story was a lie devised by Thomas Capano.

So we're seeing these stories come out from all kinds of people. So when the defense says, oh, this one brother of his is no good, he's a liar. Well, there are a lot of people here coming out with information that seems very specific. And so when we talk about the burglary plot or the purchase of the gun, all this is coming back to Thomas Capano.

He's the one that was last seen with Anne-Marie Fahey. He's the one with, obviously, an interest in seeing her disappear and anybody who might have any information about it. Now, Perillo sent a letter to Prosecutor Ferris Wharton saying he had interesting information about Capano. This is why the prosecutors have this information. So, Perillo and his attorney, they work with the prosecutors. And it's interesting because when you say...

oh, this person's just trying to get a deal. We need something more, right? Well, Perillo, this inmate, he actually had information because Tom was going to give him a diagram of the house so he'd know where to go in the house, what to burglarize. And Perillo turned over this diagram to the prosecutors. The diagram included the code to disarm Deborah's burglar alarm. It had instructions to steal or ruin paintings, paintings, electronics, jewelry, and other valuables.

Apparently, Tom wanted the burglars to shatter a ceiling in the master bedroom and to steal Debra's sex toys and videos. This goes well beyond, you know, oh, he's just saying stuff. No, he has information he should not have. And how would he get it except through Tom?

This is what I want to see when we have a jailhouse snitch testifying. This guy is like, I have a whole diagram of her place. This guy was trying to hire me to ransack her place and specifically do things like steal her sex toys and videos so it can be used against her later for blackmail. All of these things. This guy's testimony is very credible. And where would Perillo get all of this information, like the code and the diagram of her house, except from Tom?

On December 1st, Susan Louth, who also had an affair with Tom, testified that he asked her to spread a rumor that Deborah McIntyre killed Anne-Marie Fahey. So if you're the prosecution, when you're ending your case here, you've got to feel pretty damn good. They have all this evidence. They have all this information from multiple people.

December 14th, a defense psychiatrist testified that Gerard Capano suffered from confabulation, meaning he made things up to fill memory gaps caused by his drug use. But, of course, most of her statements were seen as speculation.

For Tom, he began his testimony on December 16th, and his testimony and cross-examination lasted eight days. So he had to testify about his affair with Anne-Marie. He also went on to insist that Deborah McIntyre purchase that gun for herself. On the night of June 27th, she called and asked to come over, but Tom said he had company and hung up. And Tom testified the next thing he knew, Debbie McIntyre is in his room. She was pretty ballistic.

So he's making it sound like she's the crazy one. She's the one that would be dangerous. Deborah talked about killing herself and took the gun out of her bag. Debbie was off the wall. She was not coherent. I thought, oh my God, she's going to shoot herself. So Tom grabbed her arms. The gun went off, hitting Anne-Marie, who had stood up to leave.

So he ended up burying Anne-Marie at sea to protect both him and Deborah. He testified that he had purchased the cooler for his brother because his brother had done nice things for his daughters. It wasn't meant to be a coffin, but Tom said he laid Anne-Marie's 5'10 body into the cooler on her side, pushed her into a fetal position. He did not break any of her bones. He said he then put a cotton blanket around her. And Tom admitted he tried to make it seem like Anne-Marie

was home on June 27th. He had gone to her place, turned on the air conditioner, and left. But we know her place was ransacked too. So it wasn't just he went there and turned on the air conditioner. I think he was looking for ways to make it look staged as if she was leaving in a hurry.

December 29th, the prosecutor accused Tom of basing his actions on a 1976 murder he had prosecuted 20 years earlier. Tom had handled the case of someone who had dumped a body at sea. January 5th, the defense presented surprise witness Kimberly Lee Johnson, who testified that she saw a sobbing Deborah McIntyre stumble out of her car and rush into her home around the time Anne Marie was killed.

So this goes to the jury and the decision comes down in January of 1999. As much as you might think it's open and shut, prosecuting a murder without a body is not an easy thing. But this investigation with the help of the FBI, with all of these eyewitnesses, with all of these testimonies, they're able to get a first degree murder conviction and

and the jury recommended the death penalty on January 28th of 1999. The jury voted 11 to 1 that the death penalty applied to this case and 10 to 2 to recommend execution.

So it's March 16th, 1999. Tom was formally sentenced to death. And I'm not really a big fan of the death penalty, but with this amount of evidence, with this amount of just the totality of this, I'm like, yeah, he did this. He planned this and he covered it up and he tried to drag it.

other people down with him. And he had witness intimidation. He tried to hire people to go after witnesses. This whole thing, this man needs to be stopped. He is a danger to society.

In June of 1999, Louis Capano Jr. pleaded guilty to a misdemeanor charge of harassing a witness. The U.S. attorney agreed not to prosecute him for perjury or obstruction of justice and stopped investigations of mail fraud and racketeering. Louis Capano Jr. was sentenced to a year of probation and a $25 fine. And that's because he testified and helped with the investigation. You know, in the end, he did.

Now, where are things now? I mean, the Fahey family's wrongful death suit was settled in January of 2001. On January 11, 2006, the Delaware Supreme Court overturned Tom's death sentence. They ruled that it was flawed under the Delaware Constitution based on a 2002 decision by the U.S. Supreme Court. They said to invoke the death penalty, the jury should have voted unanimously that the murder was the result of premeditation and substantial planning.

Now remember, when the jury was asked about that, they voted 11 to 1, saying, yes, it meets the criteria. But it should have been unanimous, according to the court. So February 7, 2006, Delaware Attorney General Carl Damburg announced the office would not seek a second death penalty hearing, meaning that Tom would just be sentenced to life in prison.

I think that that's usually a greater punishment anyways, spending the rest of your life behind bars knowing you're never going to get out. That's a horrible thing to think about, and that does come to pass. Thomas Capano was found dead in his prison cell September 11th, 2011. He was 61 years old at the time.

The medical examiner announced that he had died of sudden cardiac arrest, and he had suffered from a whole other litany of problems contributing to his death. So if the family and surviving victims wanted him dead, well, they finally got their justice.

You know, 20 years after the verdict, the public learned that the jury vote was split evenly during the first deliberation. Delaware Online spoke to former juror Erin Riley Lee, who got into the cooler during deliberations. She was just a few inches shorter than Annemarie, but weighed the same. She said she got into the cooler wearing heels to compensate for that height difference. The lid wouldn't close when she was in the cooler. And so some on the jury, they were concluding that either

This wasn't possible or that Anne-Marie's bones might have been broken to make her fit. And for Erin's part, she believed that this was what told her that Tom was lying. And she believed that it affected other jurors as well, the more they thought about it.

And regardless of whether the lid would close, we know that it was wrapped up and had chains around it. So he did something to get her in there. And I'm glad the jury kind of saw that for what it was. Yeah. And one interesting note, though, the Delaware online also reported that Capano's defense attorney, Joseph Hurley, quit the legal team six months before the trial started. And at the time, he didn't say why he quit. Right.

He vowed not to say, but in November of 2017, he told the news journal he decided to quit during a funeral. He said, I can only surmise that there was something making me feel like I was falling into an evil pit. And this conversation, if that's what you have with God, went, Joe, you're not like this. You can't be this way.

I think I was probably facing the reality that Capano was in fact guilty of premeditated murder. And this is something I'm sure some attorneys deal with. Others just think, I have a job to do and it's not my place to worry about this. I have a job. And that's what helps make the system run, right? That's a question I would love to hear from our audience. Do you think a defense attorney...

finds their moral compass here and says, I can't do this? Or do you think that they, regardless of how they feel about it, they need to give a defense to those who they even know are guilty because that's just their job? It's a moral question that I would love to hear from others about. Let us know. You can reply to our social media posts or you can message or reply to posts on Patreon.

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