
Delaware millionaire, 58 year old Thomas J. Capano who was found guilty in 1999 for murdering Anne Marie Fahey in 1996, told his lawyers NOT to file any more appeals on his behalf.
In response to this new decision, U.S Attorney Colm Connolly said, “Given the way the trail and post trial proceedings unfolded, I would have said nothing would surprise me. But the truth is, his failure to pursue an appeal with the U.S Supreme Court surprises me.”
During the trial, prosecutors in the case were able to convince a jury that Capano shot and killed thirty-year-old Anne Marie Fahey, who was the scheduling secretary for then governor of Delaware Tom Carper, in a jealous rage because she wanted to end their affair.
They also claimed that he attempted to hide the body by dumping it in the ocean in New Jersey. At trial, Thomas Capano told the jury that he did not kill Fahey; it was his other mistress.
Although Fahey’s body and the ice chest that Capano’s brother, Gerard Capano told prosecutors he and his brother used to transport the body in were never found, a jury was still able to convict him with a vote of 11-1.
According to Delaware online.com, the Delaware Supreme Court turned down all of Capano’s subsequent legal arguments. He took his case to the federal courts, where District Judge Harvey Bartle III dismissed Capano’s appeal less than a month after hearing oral arguments. He also denied Capano an automatic appeal to the U.S. 3rd Circuit Court of Appeals. About three months later, the U.S. 3rd Circuit Court of Appeals declined to overrule Bartle and take up the case. In September, the appeals court denied a subsequent request by Capano for reconsideration by the entire court, leaving Capano with only one option — the appeal to the U.S. Supreme Court.
After hearing the announcement, that Capano’s legal team was not going to file any more appeals, Kathleen Fahey-Hosey, the sister of Anne Marie Fahey said, “The next time I expect to hear anything about Capano, it should be that he is in a box, and that’s fine with me.”
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27 users commented in " Thomas Capano will not file any more appeals for the murder conviction of Anne Marie Fahey "
Follow-up comment rss or Leave a Trackbackhe had so much going for him ,WHY??? To take a girls life ,for no reason at all .it is so sad for both families.
WISH I HAD BEEN THERE !!!!!!!!!!! I WOULD INJECT THIS SORRY BASTARD WITHOUT A SECOND
THOUGHT !!!!!!!!!!!! LIFE IS TO GOOD FOR THIS A/HOLE !!!!!!!!!!!!! HOPE BUBBA GETS A HOLD OF HIM !!!!!!!! TURN HIM LOSE ON THE YARD AND TELL
THE GUARDS TO TURN THEIR BACK !!!!!!!!!
Just one inaccuracy in above report: the cooler that Capano used to transport the body was, in deed, found and displayed at his trial. The jury had it in their deliberations and one juror did try to get in it to see if a body could have been put in there. Guess what? Well, you know the verdict. Just wanted to clear up that point. Tom Capano was and still is, all that Anne Marie said he was. Her words were most accurate and she paid the full price of her life. Hope he pays the price very soon now.
I read the book by Ann Rule and from what I remember the cooler was indeed found I think by a father and son on a fishing trip. That was a story. What a creep, Ann Marie was smart and beautiful, and he destroyed that.
I also read the book by Ann Rule and saw a special on TV regarding this case. All I can say is what a bastard Tom Capano is and he deserves everything he gets. Just because you have money and power you cannot get away with murder. Men are so rotten and think with only one part of their anatomy (and it’s not the brain).
WHY ISN’T HE DEAD YET!!!!!!!!!!!!!!!!!!!!!!!
Curious to know if his mom still thinks he’s innocent.
Racefiend – did you just watch it on Lifetime too? Would have been interesting to have seen the courtroom trial as well.
He was obvously crazy to think that Anne Marie would continue to see him, expecially since she worked for a Govenor and he was a High Level Attorney. Im curious to know what happened to his family? In the movie it was obvious that he has a good family base, I dont know what made him lose it all.
I followed this trial on television. The TV movie about this case was outstanding. Why is it that Mark Harmon is so good at portraying creepy murderers? He also played a convincing Ted Bundy in another TV movie. And for someone who looks nothing like Capano, they made him up to look quite like him, including those big round glasses.
I also liked how the real prosecutor was given a cameo in the TV movie; he’s in two shots towards the end. I like when they do that, such as the real Jim Garrison in JFK, as a judge, and the real Jim Lovell welcoming back the astronauts in Apollo 13.
And, yes, the cooler was found by a fisherman who patched the holes and purchased a new top for it from the manufacturer, before turning it in to the DA.
Capano: to me an incredibly creepy son-of-a-bitch.
And to answer the question: “Why isn’t he dead yet?” he has a life sentence without parole. While I’m satisfied he’s guilty, without a doubt, too many (even one is too many) innocent people are murdered by the state with the death penalty. It also tells the young that the state is allowed to murder people, and that there are reasons to kill people when your life is not immediately threatened. That gives people the slippery slope to accept murder as an option. And it doesn’t work, as we all know.
It’s the job of the victim’s family to cry out for the death of a murderer while in anguish. It’s the state’s job to be more rational, and say, “I understand, but two wrongs don’t make a right.”
What do you mean the cooler wasn’t found? It was absolutely found and a huge blow to the defence. Hello……..
What a monster! I am sitting here trying to explain the death penalty to my 13 year old daughter. Anne Marie was my roommate in Spain (we did a semester abroad) and my daughter wanted me to tell the story to her friend. I also would like to know what became of his family and why he is still alive.
At least we all know Anne Marie was a wonderful person who is in a better place now.
I lived in the area aroung the time of this murder, staying in the Henlopen Hotel in Rehobeth Beach, Delaware. This was owned by Louie and Joey Capanon. I find it interesting that all of the sons were cheaters on their wives. Tom Capano’s wife got lucky that she was able to divorce him. Guess it was because it was HIS choice, not hers. He was so controlling is all of his other relationships..and he thought that once he had been with someone, then they absolutely could not be the one to terminate the relationship..One of the girls he harassed was lucky..she could have ended up like Anne Marie, and you saw how he threw Deborah to the wolves..so much for how much he cared for her.
I am glad he is where he is..he really deserves what he did to Anne Marie. One thing I never understood was why, if he took her to his house after dinner, and shot her there..in the back of the head supposedly, why no blood was on the dress he took back to her apt. but this sort of explains is, the disarray of her clothes, shoes, etc. and the fact that a red outfit was missing..maybe she didn’t wear the dress he took back to the house at all, maybe she wore the red dress, and he just selected this dress to leave on the bed. It would explain a lot.
Just got through reading Ann Rule’s book about
this. Ann does an excellent job explaining
the way people think – or don’t think actually,
especially women. Anne Fahey had so many chances of getting out of that relationship alive, but did keep going back in. I become critical when I see over and over how foolish some women act,and then I realize “there but for the Grace of God go I”. Actually when I began reading some of Ann Rule’s books it was to learn about my ex-husband, a VIP, who had so many of the evil ways she writes about. He was very cruel and it took me 20 years to be able to get away, and I stayed frightened for a lot longer. I have many people I finally turned to, to thank. I am lucky I am still alive.
Though I believe Capano was an animal and deserved to get life in prison for killing Ann-Marie, She was no innocent here, she had an affair with a married man, she knew he was married from the beginning, he made that no secret also with little kids at home. She used him as her Personal ATM machine, getting money and cars and whatever else she could from him all the while telling her therapist ( whom he was paying for btw ) and her little diary what a monster he was….. I don’t think she deserved to die for being a selfish crazy bitch, but thats what she was…. the victims here were his kids plain and simple. Ann-Marie should have never started up with a Married man in the first place… He wasnt hers !!!!
Please dont judge her so cruelly when we are young we all make mistakes like she did.Most of the time we can get ourselves out of them.But Amm Marie was a troubled girl and her anorexia played a big part in why she went with him.He knew what to say to these women and what buttons to push to keep them coming back.She was young he was old and a SOB and hes is mental case of narcissism.She often tried to get away from him but she wasnt your average mentally healthy young women.He knew that! Again please dont judge and call her names shes dead for Gods sake! You never know when things could happen to you!
She lacked loyalty. Everyone has their problems. She WAS selfish. She should have thought about the kids if not her husband. From the husband point of view do you know how difficult it is to digest something like that. Think about it… a rich man who was probably very well respected in the community and his wife is fucking some dumb ahole? “we all make mistakes” get the fuck over it… she was old enough to have kids… but not to make sound decisions? Having anorexia is an excuse to cheat on your husband? The fact that he took her as a wife when he knew she was troubled shows some heart in the man. I am not saying what he did was right. He has absolutely no right to end one’s life and neither does the state (the state made the right decision by not executing him). Anyway all I am saying look at his point of view also and do not blame everything on him. Anne contributed to her own fate as well. If she had made a smarter decision to stay with him for even the kids the situation would not have turned out the way it had turned out.
loyalty, what story are you talking about?????? Not this one…..
Welcome to my world, you are an idiot! Honestly? She was not the person that was married and took those vows. You know its really not fair to always put the blame of infidelity on the “other woman”. Married men are responsible for their actions thank you very much! And she paid for bad decision with her life. You sound like one of Tom’s loyal misguided mistresses! Vomit!
Also……he did not pay for her therapy. And Anne Marie NEVER accepted a car from him even though he persistently tried to give her one! Know your stuff fool!
Yeah, so she didn’t take a whole lot from him, what she did was taken as loans. The car, the apartment, even the job with his brother she refused. And Anne Marie wasn’t married, psycho stalker, liar, cheater, killer Thomas capone was the married one. Unfortunately, being raised in her most needy years by an abusive alcoholic made her easy game for such a cruel and controlling man. No, its not right that she slept with a married man, and religiously and mentally she knew it was wrong, but emotionally she was too disturbed to comprehend that. Get it right and don’t try to talk about things you obviously know nothing about.
Yes! Why isn’t he dead yet? The only solace I get out of this whole horrible mess….is that every day this scum bag is alive, he knows he’s going to die. Death will be a relief for this murderer.
What I want to know is what kind of parents would raise Capano to be such a spoiled, manipulative killer? They are also at fault. No, he was not the only “brat” in this brood…his younger brother, Jerry, was the key in this case, when he “turned” on Capano and turned state’s evidence.
So, there were two spoiled brat Capano’s this family raised….who spread death, sadness, and interminable misery on the Fahey family. Why?
Finally, on a personal and philosophical note…I find it bizarre that although both Capano and Fahey were Christian “Catholics,” their religious beliefs did nothing to prevent either Capano from killing a beautiful, kind and good person…and did nothing, to save Fahey either.
I continue to ask “why” people believe in “god.” There is no god, and all the prayers to this imaginary god…do nothing but put such people into a trance state whereby they believe the Lord’s prayer, that they are protected by a divine force by “faith” and “belief.”
Just as the cavemen had to be forever vigilant and wary to keep from being eaten by cave bears and saber tooth tigers…so should all those who believe in a “god” also use their “minds” to be forever vigilant.
Today, I ask myself…’what was in the mind of Anne Marie Fahey’ when she a) knew that Capano was obsessed with her, and engaged in rages and destruction of property….to then b) cause her to go to Capano’s home and put herself in danger.
What was in Fahey’s mind that she felt so “loved, or gifted, or protected by god, or her own personality’ to believe that nothing evil could happen to her? Or, was Christian “guilt” at fault…for believing she “hurt” Capano? That is question number two in this horrible scenario.
Question three: What and how was Fahey raised by her parents…to then believe that nothing evil could ever happen to her? Or, that if someone was unhappy, it was somehow her fault?
The only common denominator in this entire cast of fated characters is “religion.” What then does religion teach regarding one’s safety, and the use of the mind to analyze one’s friends, acquaintances, and behaviors? The 23rd Psalm comes to mind…as setting every “believer” up to be put in harms way…because of the “belief” that as a “believer” an imaginary god will “save” them.
Religion is not only a belief in “magic,” whereby an imaginary god can and will interrupt the laws of physics and the consequences of behavior…but, one can also “pray” and thus instruct a god what to do. But, “faith” demands that the human being stop using their own mind and ignore reality. Was Anne Marie Fahey set up for such evil because of her “faith?” Was Capano led to believe by his Catholic parents that he was special…a “child of god” who then believed he was outside the laws of human civility and behavior?
Was Fahey’s murder just one example of being deluded by religion? I am reminded often that between 1900 and 1999, 180 million human beings, nearly all good Christians and Jews were murdered in war…with prayers to God and Jesus on their lips…asking for divine intervention to be “saved.” They were not saved, and neither was Anne Marie Fahey.
God failed…because god is imaginary. There is no other answer to one’s being “saved” but the educated engagement of the human mind.
Judy Weismonger PhD
Judy Weismoner ur an idiotic bitch to think there’s no God. Just guess you’ll find out there’s a God when you die and you are sentenced a eternal life in HELL where there’s pain, torcher and did I mentioned the temperature in HELL is about 15,000 degrees? I suggest you turn your life around and turn your life to God. We are all here for a reason and God gives life and he takes it away and has his reasons and even we do question why he takes lives our minds our too small to wrap around his decisions we just have to have faith in and live a good Christian life and some day we will see our loved ones like I will when I see my sister in heaven who recently passed away last year July 14th. So I ask you for your own sake of life turn it over to God you’ll have more peace, joy and respect in your life.
the article is incorrect. the ice chest was found by a fisherman and included in the trial with the bullet holes visible….
The thing that struck me with this case, after reading the book and watching the film, was that I couldn’t feel any sympathy for Ann Marie Fahey. She was just about getting rid of him then, she takes ill and it was him she sent for!!! Do not understand that at all!!! I’ve read virtually all of Ann Rules work and she is the only victim who doesn’t touch me. She, of course, did not deserve to die, but she had a network of siblings around her, lots of friends yet when she was in need it was Tom Capano she turned to!
I read Ann’s book too and i felt sorry for Anne Marie Fahey. She had the classic self esteem issues from living in an alcoholic household and being abused by an alcoholic parent. All children of alcoholic parents have special issues in adult life. It was definitly those issues that contributed to her desperate need to be loved and her obsession with her weight. She was easy prey for a sociopath like Tom Capano who knew her weakness and her history and went straight for the jugular.
I have been an avid follower of this case since 2003. I first saw part of the Lifetime movie about the case, then promptly went to Borders and bought Ann Rule’s book. My first interest was that the murder happened in the state I live in, but I got more interested in the case because of Anne Marie. Ann Rule’s writing style is one in which the people in the case become very real to the readers, and the more I read about Anne Marie, the more alive to me she became, and the more about Tom Capano I read, the more I hated him.
Anne Marie Fahey was a beautiful person with so much to offer the world, and she is still one of the most beloved people I’ve ever seen. She deserved so much better than what she got. She deserved to live out her life free of Capano and free to live her life with Mike Scanlan.
Thomas Capano is a monster!!! That bastard had no right to kill Anne Marie! All he did was use women to get what he wanted, when he wanted it. He had no right to slaughter Anne Marie because she wouldn’t do what he wanted her to! I am ashamed to say that our court systems allowed this vile creature to live! Capano should have been put to death, just as Judge Lee rightfully sentenced him. The words that best describe Capano are the words he used in an attempt to insult Colm Connolly during the trial: he is a “heartless, soulless, pathetic excuse of a human being”.
Anyone who has anything at all bad to say about Anne Marie better keep their mouths shut!! How dare anybody get on here and judge and condemn a vulnerable young woman who fought bravely to get her life back on track and to redefine herself as a strong, independent young woman capable of making the best choices for herself without outside help!! Anne Marie Fahey was a wonderful person. How dare anyone, but especially wlcme2mywrld and loyalty, talk about Anne Marie that way!!! And a further note to loyalty: you want us to look at this from Capano’s point of view??! If we all looked at life from Capano’s point of view, we’d all think that we were above the law and above God, that we could do whatever we wanted and that there shouldn’t be consequences. “Don’t feel like being faithful? No problem; I’ll just go cheat. Not only will I cheat, but I’ll cheat on my spouse with people who are vulnerable and uncomfortable with themselves, and I’ll use them for all that I can and control every aspect of their life that I possibly can. Oh, someone dares to defy me?! No problem there, either; I’ll just kill them, then I’ll drag other people into helping me clean up afterwards, and if all else fails, I’ll blame everyone else. Hell, I’ll even go as far as to put blame and slander on the poor person I killed!” Is THAT how we all should think?? And you know what, trying to look at things Tom’s way is what makes him have such a powerful hold on women who don’t feel secure with themselves or in their lives. That’s why Capano’s able to control women so absolutely. It’s not because of the womens’ doing! He used every woman he could: Kay Capano, Debby McIntyre, Anne Marie Fahey, Susan Louth, Linda Marindola, and many others. The only difference is that Anne Marie was willing to defy Capano and stand up for herself and her own free will. Anne Marie Fahey is a hero.
Even though Anne Marie has been dealt a HUGE injustice by Capano being allowed to live, at least she is in heaven with God, free from pain and free at last and forever more from Tom Capano’s control. God bless you, Anne Marie!
My heart and prayers go out to the everlasting peace of Anne Marie’s soul, and to her family and friends, that they may feel a peace in knowing Anne Marie is in heaven, and that they may feel a sense of cotentment in this knowledge that helps ease their pain when they feel sad and miss their beloved Anne Marie.
I just read that Tom Capano’s death sentence was commuted to life without parole. What about mercy for Ann Marie’s life? Once again the taxpayers will foot the bill for this hunk of junk to eat, work out, take correspondent courses, get a degree or whatever else he so wishes in jail. It just seems that murderers get a more fair due process of the law than victims these days. Ann Marie Fahey never got a chance at life…. only a death sentence….and so it should be the same for narcissist Tom Capano
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