Deadly Attraction

Summary

48 Hours Podcast Summary: "Deadly Attraction"

Episode Overview Title: Deadly Attraction
Release Date: June 11, 2025
Host/Author: CBS News’ 48 Hours
Description: This episode delves into the chilling case of Thomas J. Capano, a prominent lawyer who appeared to have it all but orchestrated the disappearance and murder of Anne Marie Fahey. Through meticulous investigation, gripping interviews, and critical evidence, "Deadly Attraction" unravels the complexities of deceit, obsession, and justice.

---

Introduction to the Case

Opening Scenario
The episode opens with a snapshot of Tom Capano’s seemingly perfect life. At 46, he was a wealthy, connected lawyer with political aspirations and a charming demeanor. However, beneath this façade lay a dark secret—his involvement in the disappearance of his employee, Anne Marie Fahey.

Key Quotes:

• Ann Marie Fahey (00:59): "He was a wealthy, connected lawyer."
• Debbie McIntyre (05:18): "He was smart, he was so kind, he was perfect on his job."

---

Background of Thomas Capano

Early Life and Career
Thomas J. Capano was raised as the eldest son of Italian immigrant parents. Unlike his brothers, who entered the family construction business, Tom pursued a career in law, quickly ascending to prominence in Delaware's legal and political circles. His charm and success made him a well-respected figure in Wilmington.

Personal Life
Tom was married with four children, yet he led a double life, engaging in numerous extramarital affairs. His relationships were marked by manipulation and control, traits that would later surface during the investigation.

Key Quotes:

• Father Roberto Baldicelli (10:07): "He was involved with eight or nine women during a period of time."
• Tom Capano (11:21): "Tom Capano was addicted to women and control."

---

The Disappearance of Anne Marie Fahey

Anne Marie’s Profile
Anne Marie Fahey was a 30-year-old scheduling secretary to the Governor of Delaware. Described as exceptionally beautiful and vivacious, she was beloved by her family and friends. Despite her outward happiness, Anne Marie struggled with personal hardships, including the loss of her parents.

The Relationship with Tom Capano
Anne Marie met Tom Capano at the governor's office, developing a secret romantic relationship. Despite knowing Tom was married, Anne Marie felt deeply connected to him, as evidenced by her heartfelt diary entries.

Key Quotes:

• Anne Marie Fahey (04:09): "Ann was very, very pretty. I mean she was 5, 10."
• Crime Writer Ann Rule (19:46): "She had this great inner life."

---

Investigation Begins

Initial Clues
On June 28, 1996, Anne Marie failed to show up for a date with her boyfriend, prompting concern. Her sister, Kathleen, and family friend, Jerry Capano, discovered disturbing signs in Anne Marie’s apartment—overturned furniture, missing personal items, and alarming diary entries referencing Tom Capano.

Tom Capano as a Suspect
Letters and diary entries revealed Anne Marie's troubled relationship with Tom. Despite his initial denial, suspicions began to mount as investigators found Anne Marie's blood in Tom’s rented home alongside a newly purchased rug, implicating him further.

Key Quotes:

• Anne Marie Fahey (07:39): "He was ashamed. He was, you know, really a good Catholic."
• Colm Conley (08:05): "I think Tom Capano did something to my sister."

---

Building the Case Against Capano

Gathering Evidence
Federal prosecutor Colm Conley spearheaded the investigation, uncovering a pattern of Tom’s manipulative relationships with multiple women. The discovery of Anne Marie's blood and the confession from Tom’s brother, Jerry Capano, who revealed the disposal of Anne Marie’s body in a cooler, were pivotal.

Key Evidence:

• Blood Evidence (16:03): Anne Marie’s blood was found next to the new rug in Tom’s home.
• Jerry Capano’s Confession (26:02): "We believe he broke her bones and he stuffed her in."

Trials and Testimonies
During the trial, Tom Capano attempted to shift blame to Debbie McIntyre, another of his long-time affairs. However, compelling evidence, including Jerry’s confession and the recovered cooler, solidified the prosecution’s case against him.

Key Quotes:

• Jerry Capano (26:37): "We believe he broke her bones and he stuffed her in."
• Tom Capano (30:20): "I don't think he knew the date, but he knew he was to do it."

---

Verdict and Aftermath

Jury’s Decision
After intense deliberation, the jury found Tom Capano guilty of murder. The discovery of Anne Marie’s blood and the cooler were instrumental in the jury’s decision.

Sentencing
Judge William Lee sentenced Tom to die by lethal injection. Despite appeals, Capano remained on death row until his death from a heart attack in 2006.

Impact on the Community and Family
The Fahey family, while attaining a sense of closure, continued to mourn Anne Marie’s loss. Memorials and annual events honor her memory, ensuring that her story remains a poignant reminder of the case.

Key Quotes:

• Ann Marie Fahey (42:32): "I would hope that people would remember Ann as a very loving person."
• Jerry Capano (40:51): "It's devastating for his kids. It's devastating for his mother. It's devastating for my wife."

---

Concluding Insights

Lessons Learned
"Deadly Attraction" underscores the facade that individuals can present to the world, masking their true, often sinister nature. It highlights the relentless pursuit of justice by dedicated investigators and the profound impact such cases have on families and communities.

Final Reflections:

• Aaron Moriarty (43:57): "He thought he could get away with murder. He was wrong."
• Crime Writer Ann Rule (44:54): "It's very sad. Satisfying to be able to look at a bad guy and go, we never forgot you."

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Notable Quotes with Timestamps

• Tom Capano (02:11): "Almost."
• Father Roberto Baldicelli (03:28): "She was really trying to pull him down easy."
• Jerry Capano (18:04): "Tom Capano is a guy who thinks he can get away with anything."
• Colm Conley (22:20): "This is a well thought out plan to get."
• Kevin Friel (29:45): "I think the cooler was there for a purpose."
• Ann Marie Fahey (41:18): "I will never believe the pain from the whole trial. It's so incredibly bad."

---

Conclusion "Deadly Attraction" is a compelling exploration of a high-profile murder case, showcasing the intricate dance between a charismatic perpetrator and the determined pursuit of truth by law enforcement. Through expert storytelling and in-depth analysis, the episode honors Anne Marie Fahey’s memory and reinforces the resilience of the justice system.

Transcript

[Ann Marie Fahey]

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[Narrator]

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[Aaron Moriarty]

He was a wealthy, connected lawyer.

[Colm Conley]

Tonk Panel was a magnetic, charming individual.

[Debbie McIntyre]

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

[Aaron Moriarty]

He seemed to have it all.

[Debbie McIntyre]

He was actually thinking about running for Attorney General.

[Aaron Moriarty]

But he wanted something he couldn't have.

[Ann Marie Fahey]

Anne was very, very pretty.

[Crime Writer Ann Rule]

She had this great inner life.

[Aaron Moriarty]

And when he couldn't have her.

[Tom Capano]

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

[Aaron Moriarty]

He killed her.

[Tom Capano]

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

[Ann Marie Fahey]

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

[Aaron Moriarty]

Aaron Moriarty reports the anatomy of a murder.

[Colm Conley]

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

[Father Roberto Baldicelli]

Well, he almost did.

[Aaron Moriarty]

The real story behind the investigation.

[Crime Writer Ann Rule]

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

[Aaron Moriarty]

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

[Tom Capano]

Arrogant, fascinating, brilliant killer who tripped himself up.

[Aaron Moriarty]

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

[Ann Marie Fahey]

Almost.

[Aaron Moriarty]

Good evening. Thomas J. Capano was a rising star who seemed to have it all. That is, until he risked it all. A multimillionaire 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.

[Tom Capano]

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.

[Colm Conley]

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

[Tom Capano]

Tom Capano is my kind of guy.

[Colm Conley]

But bestselling author Ann Rule is interested.

[Tom Capano]

In only one arrogant, fascinating, brilliant killer who tripped himself up.

[Colm Conley]

Her 17th book and never Let Her Go is a real life murder mystery.

[Tom Capano]

She tried to leave it. How dare she.

[Colm Conley]

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.

[Tom Capano]

He threw her away. He threw her away.

[Colm Conley]

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

[Tom Capano]

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

[Colm Conley]

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

[Ann Marie Fahey]

Ann was very, very pretty. I mean she was 5, 10. Her older sister Kathleen, you know, beautiful eyes and smile.

[Crime Writer Ann Rule]

I love this one.

[Colm Conley]

Her brother Brian.

[Crime Writer Ann Rule]

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

[Kevin Friel]

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

[Colm Conley]

Even in of the popular Wilmington, Delaware.

[Kevin Friel]

Hangout, this place could be mobbed on a Friday.

[Colm Conley]

Happy hour owner Kevin Friel says Anne Marie stood out.

[Kevin Friel]

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

[Colm Conley]

What was it about her laugh that everybody talks about?

[Ann Marie Fahey]

It was infectious.

[Crime Writer Ann Rule]

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

[Colm Conley]

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

[Crime Writer Ann Rule]

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

[Colm Conley]

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

[Tom Capano]

She was smart, she was so kind, she was perfect on her job.

[Colm Conley]

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

[Ann Marie Fahey]

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.

[Colm Conley]

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.

[Ann Marie Fahey]

Mike Scanlon 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.

[Colm Conley]

It was June 28, 1996. You didn't think she might have just taken off without telling anybody?

[Ann Marie Fahey]

No, that's just not the way Emory 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.

[Colm Conley]

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

[Ann Marie Fahey]

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

[Colm Conley]

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

[Ann Marie Fahey]

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

[Colm Conley]

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

[Ann Marie Fahey]

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.

[Colm Conley]

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.

[Ann Marie Fahey]

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

[Colm Conley]

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

[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.

[Colm Conley]

The notes in the diary pointed investigators to Tom Capano, who told them that he had taken Anne Marie 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?

[Ann Marie Fahey]

Probably like most people in Wilmington would have back then. They used to say, you know, he's the nicest guy in the world.

[Colm Conley]

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

[Ann Marie Fahey]

I think Tom Capano did something to my sister.

[Colm Conley]

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.

[Ann Marie Fahey]

To have had Some type of information that would have helped us.

[Colm Conley]

The faze again asked Capano to talk.

[Ann Marie Fahey]

To police and he chose not to do that. So it became very clear to us that he was obviously hiding something.

[Colm Conley]

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

[Jerry Capano]

He thought he was going to get away with this.

[Father Roberto Baldicelli]

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

[Colm Conley]

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.

[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 till.

[Colm Conley]

Tom Capano was a magnetic, charming individual.

[Debbie McIntyre]

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

[Colm Conley]

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

[Ann Marie Fahey]

He loved to help people.

[Colm Conley]

People who had Tom as a friend were very fortunate. As the oldest son of Italian immigrant parents, Tom was the achiever.

[Kevin Friel]

Tommy was always known as the good.

[Colm Conley]

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.

[Debbie McIntyre]

They were actually considering him for a judgeship.

[Colm Conley]

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

[Debbie McIntyre]

Was actually thinking about running for attorney general.

[Colm Conley]

But then 30 year old Amarie 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.

[Ann Marie Fahey]

That was impossible that he could not be involved. Tom was somebody.

[Colm Conley]

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.

[Father Roberto Baldicelli]

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

[Colm Conley]

Delaware state prosecutor Ferris Wharton. While he was married.

[Father Roberto Baldicelli]

All of this was while he was married.

[Colm Conley]

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]

Debbie McIntyre was his wife's best friend.

[Colm Conley]

She will become more important to this story later on.

[Tom Capano]

Tom Capano was addicted to women and control.

[Colm Conley]

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

[Tom Capano]

I think he's a complete narcissist. Cappiano had everything and yet nothing was ever enough.

[Colm Conley]

Anne has studied and written about over 1400 criminal cases, including that of serial killer Ted Bundy. But she has never encountered a man quite like Tom Capano.

[Tom Capano]

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

[Ann Marie Fahey]

It's unbelievable.

[Colm Conley]

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 Louth. 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?

[Ann Marie Fahey]

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, so.

[Colm Conley]

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

[Ann Marie Fahey]

He was a giver, like a giver of himself.

[Colm Conley]

Susan says she started dating Tom after he left his wife and moved to this rented house. He's seen you. He was seeing Debbie McIntyre. He was seeing Annrie Fahey. He was still seeing his kids. How did he juggle all of this?

[Ann Marie Fahey]

I have no idea.

[Colm Conley]

Was he a guy who needed that kind of attention?

[Ann Marie Fahey]

He definitely needed to be needed.

[Colm Conley]

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

[Tom Capano]

At first, he was the perfect lover.

[Colm Conley]

Tom wooed Ann Marie the way he wooed every woman. He whisked her out of town for intimate candlelit dinners.

[Tom Capano]

I have fallen in love with a very special person.

[Colm Conley]

He showered her with expensive gifts.

[Tom Capano]

I gave him my body and love.

[Colm Conley]

Ann Marie poured out her heart in her secret diary.

[Tom Capano]

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

[Colm Conley]

The fact that he was married was a definite problem area for her. Psychiatrist Dr. Neal Kay treated Anne Marie during the time she secretly dated Tom Capano. I'm not sure that she ever felt comfortable with it.

[Tom Capano]

She keeps Tommy very, very secret.

[Colm Conley]

And no one knew.

[Tom Capano]

No one knew.

[Colm Conley]

But in late 1995, everything in her life changed. Ann Marie met Michael Scanlon.

[Kevin Friel]

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

[Colm Conley]

Ofriel's bar owner Kevin was there that.

[Kevin Friel]

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

[Colm Conley]

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

[Tom Capano]

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

[Colm Conley]

In fact, Anne Marie didn't want Capano. As far as Ann Marie was concerned, their romantic relationship was Over.

[Tom Capano]

She's really trying to pull away.

[Colm Conley]

In an email, she wrote, tommy, I.

[Tom Capano]

Meant what I said on Sunday night about right now only being able to offer you my friendship.

[Colm Conley]

In early 1996, the more he couldn't.

[Tom Capano]

Get her, the more he had to get her.

[Colm Conley]

Tom Capano began making harassing phone calls.

[Tom Capano]

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

[Colm Conley]

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

[Tom Capano]

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

[Colm Conley]

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

[Ann Marie Fahey]

She was trying, in her own way.

[Colm Conley]

I think, to let him down easy.

[Tom Capano]

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

[Colm Conley]

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

[Tom Capano]

They went to the restaurant in Philadelphia.

[Colm Conley]

They left and returned to Capano's home.

[Tom Capano]

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

[Colm Conley]

Ann Marie was never seen again.

[Crime Writer Ann Rule]

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

[Colm Conley]

Coming up.

[Jerry Capano]

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.

[Colm Conley]

The case against Tom Capano.

[Jerry Capano]

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

[Narrator]

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[Ann Marie Fahey]

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.

[Colm Conley]

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 Ann Marie's family find her.

[Crime Writer Ann Rule]

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.

[Colm Conley]

What happened to Ann Marie may have remained a mystery, except for Colm Conley and his team of investigators.

[Ann Marie Fahey]

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

[Jerry Capano]

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

[Colm Conley]

Colm Conley was the federal prosecutor assigned to the case.

[Jerry Capano]

I was 32 when the case started, 34 when it ended. All right, who wants to hit next?

[Colm Conley]

A family man himself.

[Jerry Capano]

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

[Colm Conley]

Conley was determined to get answers for the Fahey family.

[Jerry Capano]

And you would see the frustration in their faces. You would see tears, despair. We really wanted to see justice done.

[Colm Conley]

But that wasn't going to be easy.

[Jerry Capano]

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

[Father Roberto Baldicelli]

What he didn't count on was that the investigation took a different turn.

[Jerry Capano]

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.

[Colm Conley]

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.

[Jerry Capano]

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 had the wind knocked out of him.

[Colm Conley]

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

[Father Roberto Baldicelli]

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

[Colm Conley]

Investigators found blood.

[Jerry Capano]

The blood was right where we thought the blood would be, right here. Anne Marie's blood next to the new rug.

[Colm Conley]

In minute amounts, it's about 2 millimeters. It was lucky that you found this.

[Tom Capano]

Mm.

[Jerry Capano]

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

[Colm Conley]

But even after finding Amarie'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.

[Jerry Capano]

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

[Colm Conley]

And they didn't stop there. Acting on a tip that evidence had been discarded in Capano Co. Dumpsters, investigators spent days digging through the Wilmington dump.

[Jerry Capano]

It reeked, the smells were horrible.

[Narrator]

As.

[Jerry Capano]

They unearthed all this trash, and it was hot and muggy, and then it rained.

[Colm Conley]

Ever find the gun?

[Jerry Capano]

No.

[Colm Conley]

Ever find any of her belongings?

[Jerry Capano]

No.

[Colm Conley]

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

[Jerry Capano]

We had countless meetings at 10pm or 2am 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.

[Colm Conley]

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.

[Ann Marie Fahey]

The girl left him after him and her had a fight. And he says he loved the girl very, very much.

[Colm Conley]

Joe Riley, a former client of Capano's, is 80 years old and deaf. He's talking about Linda Marandola, 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?

[Ann Marie Fahey]

Yes.

[Colm Conley]

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

[Ann Marie Fahey]

You want to forget about it? I can't. You can't forget about it. That's right.

[Colm Conley]

And later even talked about killing her.

[Ann Marie Fahey]

Do you want to go through phase two? Yeah. He was so mad at her, he wanted to have her killed. Killed? Killed. Run her down with a car.

[Colm Conley]

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

[Kevin Friel]

If his chain had been jerked back then, and he'd probably still be coming in here on Happy Hours on Friday.

[Colm Conley]

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.

[Jerry Capano]

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

[Colm Conley]

To Colm Conley, it was proved that Tom Capan Capano was capable of murder.

[Jerry Capano]

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

[Colm Conley]

And how did he kill her?

[Jerry Capano]

I believe he shot her behind the ear.

[Colm Conley]

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?

[Father Roberto Baldicelli]

Well, he almost did. I mean, literally almost did.

[Colm Conley]

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

[Jerry Capano]

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

[Colm Conley]

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

[Aaron Moriarty]

Although public pressure for an arrest and the death of Anne Marie Fahey 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 Moriar.

[Tom Capano]

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

[Colm Conley]

Crime writer Ann Rule is convinced Tom Capano planned the murder.

[Tom Capano]

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

[Colm Conley]

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

[Crime Writer Ann Rule]

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

[Colm Conley]

Life had seemingly returned to normal for Tom Capano.

[Ann Marie Fahey]

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

[Colm Conley]

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

[Ann Marie Fahey]

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

[Colm Conley]

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.

[Jerry Capano]

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

[Colm Conley]

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

[Tom Capano]

Jerry's a playboy. He always had everything.

[Colm Conley]

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.

[Tom Capano]

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

[Colm Conley]

Investigators knew Jerry had been with Tom the day after Amory disappeared. But Jerry Wasn't anxious to testify against his brother.

[Tom Capano]

Oh, no. Because the rule with the Capano family was their family. You protect your family. And Jerry loved Tom.

[Colm Conley]

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

[Father Roberto Baldicelli]

Yeah.

[Colm Conley]

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.

[Jerry Capano]

Did you take the cooler onto your boat?

[Colm Conley]

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

[Jerry Capano]

And then you turned around and what did you see? And was it a human foot?

[Kevin Friel]

Yes, it was.

[Colm Conley]

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

[Jerry Capano]

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

[Father Roberto Baldicelli]

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.

[Colm Conley]

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

[Jerry Capano]

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

[Colm Conley]

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

[Father Roberto Baldicelli]

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.

[Colm Conley]

Jerry told investigators that the cooler, now filled with holes and missing a top, drifted out to sea. His confession finally gave prosecutors what they needed.

[Kevin Friel]

Wilmington attorney Thomas Capano heads to prison.

[Colm Conley]

Even as Tom Capano was arrested and taken away in handcuffs, we and her.

[Ann Marie Fahey]

Family are learning the horrifying alleged details.

[Colm Conley]

His lawyers ridiculed the statement made by his brother Jerry.

[Ann Marie Fahey]

He's somebody who is 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.

[Colm Conley]

But investigators were about to get more evidence.

[Father Roberto Baldicelli]

The cooler was never supposed to be found.

[Colm Conley]

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

[Father Roberto Baldicelli]

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

[Colm Conley]

And they got it from a very unlikely Source.

[Ann Marie Fahey]

It was July 4, 1996. It began. Beautiful day. We caught a lot of fish that day.

[Colm Conley]

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.

[Ann Marie Fahey]

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

[Colm Conley]

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

[Ann Marie Fahey]

About 3:30 in the afternoon. Somewhere around that time, my son Dave said, what's that floating over there?

[Colm Conley]

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

[Ann Marie Fahey]

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

[Colm Conley]

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

[Ann Marie Fahey]

I knew it was a cooler. 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.

[Kevin Friel]

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

[Ann Marie Fahey]

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

[Colm Conley]

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.

[Father Roberto Baldicelli]

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

[Jerry Capano]

This is a well thought out plan to get.

[Colm Conley]

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

[Aaron Moriarty]

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

[Colm Conley]

Next, the shocking defense.

[Ann Marie Fahey]

The man I loved for many years, Tom Capano never existed.

[Colm Conley]

When 48 Hours continues.

[Crime Writer Ann Rule]

She broke my heart.

[Narrator]

This episode is brought to you by Greenlight. Get this. Adults with financial literacy skills have 82% more wealth than those who don't. From swimming lessons to piano classes, us parents invest in so many things to enrich our kids lives. But are we investing in their future financial success? With Greenlight you can teach your kids financial literacy skills like earning, saving and investing. And this investment costs less than that. After school treat start prioritizing their financial education and future today with a risk free [e-mail] Spotify greenlight.com Spotify now streaming.

[Tom Capano]

Hi again.

[Narrator]

TV's quirkiest crime solver.

[Colm Conley]

I'm Elspeth Tasioni. I work with the police.

[Narrator]

It's on the case.

[Tom Capano]

I like my outlandish theories With a.

[Narrator]

Heavy dose of evidence and ready to go toe to toe with a cavalcade.

[Colm Conley]

Of guest stars are you saying that.

[Ann Marie Fahey]

This is now a murder investigation?

[Colm Conley]

It's starting to look that way.

[Narrator]

Don't miss a moment of the critically acclaimed hit Elsbeth.

[Ann Marie Fahey]

All episodes now streaming on Paramount and return cbs. That sounds like fun. Obviously, murder's not fun.

[Jerry Capano]

Ryan Reynolds here from Mint Mobile.

[Narrator]

With the price of just about everything going up, we thought we'd bring our prices down. So to help us, we brought in a reverse auctioneer, which is apparently a thing Mint Mobile unlimited premium wireless.

[Ann Marie Fahey]

30.

[Narrator]

30. Better get 30.

[Colm Conley]

Better get 20.

[Ann Marie Fahey]

20. 20. Better get 20. 20. Better get 15.

[Colm Conley]

15, 15, 15.

[Ann Marie Fahey]

Just 15 bucks a month. Sold.

[Jerry Capano]

Give it a [e-mail] Switch upfront payment.

[Narrator]

Of $45 for three month plan equivalent to $15 per month required. New customer offer for first three months only. Speed slow. After 35 gigabytes of network's busy taxes and fees extra. See mint mobile.com I've tried a lot.

[Ann Marie Fahey]

Of big cases all around the country and this is a feeding frenzy.

[Aaron Moriarty]

By the way, this is OJ Jr.

[Colm Conley]

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

[Ann Marie Fahey]

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

[Crime Writer Ann Rule]

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

[Kevin Friel]

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

[Colm Conley]

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

[Father Roberto Baldicelli]

We wanted the jury to see who this guy was.

[Colm Conley]

The prosecutors have proof of Amari's blood in Tom Capano's house. They have his brother Jerry's confession. And they have the cooler.

[Father Roberto Baldicelli]

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

[Colm Conley]

And to help prove the murder was planned, they have evidence that just a month before Anne Marie 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.

[Jerry Capano]

Saw that because it's so small. That's true. Although I think he knew he was going to shoot her from close range.

[Colm Conley]

Colm Conley never found the actual weapon, but his investigators did uncover a receipt for one.

[Father Roberto Baldicelli]

This is the receipt for the gun Debbie bought.

[Colm Conley]

Debbie is Debbie McEntire. 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 Ann Marie have any, any idea that Tom Was seeing Debbie McEntire?

[Tom Capano]

No.

[Colm Conley]

Did Debbie McEntire have any idea that Tom was seeing Anne Marie.

[Tom Capano]

No.

[Colm Conley]

Throughout the investigation.

[Ann Marie Fahey]

I love you. I love you, too.

[Colm Conley]

As these tape phone calls from jail show.

[Ann Marie Fahey]

I love you, too.

[Colm Conley]

Debbie McIntyre remained loyal to Tom Capano.

[Jerry Capano]

Debbie McIntyre he described as susceptible to manipulation.

[Ann Marie Fahey]

You love me enough to fight for me.

[Jerry Capano]

Weak.

[Ann Marie Fahey]

Please, I'm begging you.

[Jerry Capano]

Insecure. I need you to a doormat.

[Ann Marie Fahey]

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

[Colm Conley]

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

[Jerry Capano]

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

[Ann Marie Fahey]

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

[Colm Conley]

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

[Ann Marie Fahey]

Why did you say such a thing? Because you did. How could you love me and then betray me? How could you do that? 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. You're destroying me, Debbie. Do you know what they're gonna do with this? Let's go back to this gun.

[Jerry Capano]

No.

[Father Roberto Baldicelli]

No.

[Ann Marie Fahey]

No. No.

[Colm Conley]

No.

[Ann Marie Fahey]

Who made me give you the gun? No. No. No. No. No.

[Father Roberto Baldicelli]

No. No. No.

[Kevin Friel]

No.

[Ann Marie Fahey]

The man I love. For many years, Tom Capano never existed.

[Colm Conley]

When it was clear Debbie McIntyre would go ahead with her testimony.

[Crime Writer Ann Rule]

She broke my heart.

[Colm Conley]

Capano's lawyers dropped a bombshell.

[Narrator]

Shocking revelations today in the Thomas Capan tragic, horrible accident.

[Aaron Moriarty]

That's about all I can do.

[Colm Conley]

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 McEntire did, that she had found Capano and Ann Marie together, had become upset, and while trying to commit suicide, Capano says McEntire accidentally shot and killed Anne Marie.

[Debbie McIntyre]

He tried to stop her and the gun went off.

[Colm Conley]

Tom's brother in law, Lee Ramuno.

[Debbie McIntyre]

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

[Colm Conley]

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

[Ann Marie Fahey]

His whole nature and personality became so clear up there.

[Kevin Friel]

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.

[Colm Conley]

You call him evil?

[Kevin Friel]

Oh, God, yes.

[Colm Conley]

But nothing Capano told the jury spoke louder than this.

[Jerry Capano]

Ferris and I walked it out as if we were walking a coffin out of a church. He laid it in front of the jury. I think they were shell shock. 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.

[Father Roberto Baldicelli]

It sort of riveted the case back where it belonged. And that was what happened to Annmarie Fahey. And this was her coffin.

[Ann Marie Fahey]

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

[Colm Conley]

The jury took three days to reach a verdict.

[Kevin Friel]

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 when they brought Capano into the courtroom that he looked scared.

[Ann Marie Fahey]

The foreman stood up. You could hear a pin drown. It's guilty of murder one for Thomas Capano.

[Kevin Friel]

And we heard this incredible roar back behind the courtroom.

[Ann Marie Fahey]

What you now hear is the crowd.

[Aaron Moriarty]

Cheering as various members of the Fahey.

[Ann Marie Fahey]

Family are now coming out. It's a hollow victory. Just because I'm. I'm sad because, I mean, we all miss Anne Marie and she's not coming home.

[Colm Conley]

The only question left, will it be.

[Jerry Capano]

Life or death for the convicted murderer?

[Colm Conley]

What happens to Tom Capano? Capano could receive life in jail without parole. That's next.

[Narrator]

Or he could receive the death penalty.

[Colm Conley]

That is by lethal injection.

[Narrator]

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[Jerry Capano]

Kyle W. East 10:31 of the most.

[Colm Conley]

Notorious murder trial is coming to an end. He was once a prominent lawyer on top of the world. March 16, 1999. Tom Capano took his last shackled walk into the Wilmington courthouse to learn his faith. Capano could receive life in jail or he could receive the death penalty. We'll bring you the decision just as soon as it's announced.

[Aaron Moriarty]

This is in special report.

[Colm Conley]

Convicted killer Thomas Capano now has a date with death.

[Ann Marie Fahey]

Death by lethal injection, death penalty.

[Colm Conley]

Read all about it.

[Ann Marie Fahey]

No comments.

[Jerry Capano]

Thanks a lot.

[Colm Conley]

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

[Jerry Capano]

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

[Colm Conley]

Capano's appeal to the United States Supreme Court was denied. But his new attorney says there are still other avenues to 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 row.

[Debbie McIntyre]

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.

[Colm Conley]

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

[Debbie McIntyre]

I still think that he's a decent, honest person. I don't think he's a killer. I mean, that's that.

[Ann Marie Fahey]

I will never believe the pain from the whole trial. It's so incredibly bad.

[Colm Conley]

Remember Susan Low? 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?

[Ann Marie Fahey]

The old one? I didn't know the person on trial.

[Colm Conley]

What do we take away from this whole tragedy?

[Tom Capano]

Oh boy. We learn that the handsomest, most beautiful gentle smiles can hide a monster behind the perfect mask. You see that lovely rose blossom of a face of Ann Marie. It really bothers me that she was treated so badly even after her death. And you think he threw her away.

[Jerry Capano]

And he knows we're never gonna find a body.

[Colm Conley]

Prosecutor Colm Conley, now the Delaware U.S. attorney had spent three years on the case. Hey, William.

[Jerry Capano]

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

[Colm Conley]

He still has questions.

[Jerry Capano]

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 gonna to tell us what really happened?

[Colm Conley]

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.

[Ann Marie Fahey]

I would hope that people would remember Ann as a very loving person. Friends of Ann Marie, thank you for coming.

[Colm Conley]

Ann 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.

[Kevin Friel]

Annie loved to run through the park here.

[Colm Conley]

And now the place to remember her.

[Kevin Friel]

Ann Marie's girlfriends dedicated a bench to her.

[Colm Conley]

This is it.

[Jerry Capano]

This is it.

[Colm Conley]

And without a body for burial, this.

[Kevin Friel]

Is the closest to something tangible to have and touch. To remember her by.

[Colm Conley]

Anne Marie Sinead Thay.

[Kevin Friel]

It's a beautiful spot. You got the river right there.

[Tom Capano]

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

[Ann Marie Fahey]

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

[Colm Conley]

Her sister Kathleen can only wonder what might have been.

[Ann Marie Fahey]

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

[Crime Writer Ann Rule]

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

[Ann Marie Fahey]

And you would hear that laugh. I'd still hear that laugh.

[Colm Conley]

Can't you still hear it?

[Crime Writer Ann Rule]

Oh, yeah. She just let loose.

[Ann Marie Fahey]

She was great with children. She just had a very gentle, kind way about her, and she's truly missed by many.

[Aaron Moriarty]

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.

[Narrator]

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

[Ann Marie Fahey]

He was 60. One.

[Jerry Capano]

One.

[Tom Capano]

911.

[Ann Marie Fahey]

Six emergency. Yes.

[Colm Conley]

Somebody told you, girl.

[Aaron Moriarty]

My grandbaby.

[Kevin Friel]

A Paramount plus original.

[Ann Marie Fahey]

She wants to find more young women for him to kill. The untold stories of the real cases. Each one he gets away with, he's emboldened the FBI can't shake. It's very sad. Satisfying to be able to look at a bad guy and go, we never forgot you. An all new season of FBI True.

[Kevin Friel]

Streaming now on Paramount.

[Narrator]

Summer is heating up. The Chi is back on Paramount. It's the season of the women.

[Ann Marie Fahey]

This is our chance. It's time to get to work.

[Narrator]

But the men aren't giving up without a fight. The Chi New season now streaming on the Paramount with Showtime plan.