Thomas Capano will not file any more appeals for the murder conviction of Anne Marie Fahey

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.”