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Delaware: Lawyer Capano's Death Sentence Overturned

By Jeralyn, Section Death Penalty
Posted on Thu Jan 12, 2006 at 09:25:12 AM EST
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The Delaware Supreme Court has overturned the death sentence of former lawyer Thomas Capano, convicted of murdering Anne Marie Fahey.

The Court determined the penalty phase was flawed because the jury was not unanimous in its finding that the murder occurred as a result of Capano's substantial planning and pre-meditation.

This was one of those high-profile cases featured prominently by the cable news networks prior to and during trial.

Thomas Capano had it all. A wealthy, charming lawyer, Capano moved in the highest circles of Delaware politics and had been encouraged by some to run for state attorney general.

But in 1996, his life came crashing down. In 1999, Capano was convicted of murdering 30-year-old Anne Marie Fahey and sentenced to death. 48 Hours Correspondent Erin Moriarty takes a close look at this tangled case.

< Report: Federal Crack Sentences Getting Shorter | Jose Padilla Denied Bail, Pleads Not Guilty >

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    Delaware: Lawyer Capano's Death Sentence Overturned | 10 comments (10 topical)
    Re: Delaware: Lawyer Capano's Death Sentence Overt (none / 0) (#1)
    by Dadler on Thu Jan 12, 2006 at 09:49:06 AM EST
    I remember seeing a TV show about this case. Is a new penalty phase going to be carried out, or is his sentence automatically life without parole? If the former, I think he'll get the same result. Not a good result, in my mind, but I think the inevitable one if there's another penalty hearing.

    Re: Delaware: Lawyer Capano's Death Sentence Overt (none / 0) (#2)
    by Talkleft Visitor on Thu Jan 12, 2006 at 10:51:06 AM EST
    I can't understand why we just can't get rid of the Death Penalty. It is such a social, political and financial disaster. We don't rape rapists, steal from robbers but for some reason we feel we must become murderers of murderers. Let's get over this DP madness and replace it with Life with no chance of parole.

    Re: Delaware: Lawyer Capano's Death Sentence Overt (none / 0) (#3)
    by Dadler on Thu Jan 12, 2006 at 11:26:14 AM EST
    ED, And trust me, if you're anti-DP, this case will test your mettle greatly. From what I remember, this was a really horrific, the kids watched their mother get murdered by a hitman's shotgun blast. The convicted husband is slimy and sociopathic as all hell. But we have to be better, that's the bottom line for me. We always have to be better.

    Re: Delaware: Lawyer Capano's Death Sentence Overt (none / 0) (#4)
    by txpublicdefender on Thu Jan 12, 2006 at 11:55:44 AM EST
    Dadler, I'm not sure what case you are thinking of, but it is not Capano. This case was a real mystery. The victim's body was allegedly stuffed into a cooler and dumped in the ocean. Although the cooler was eventually recovered, her body was never found. There were no eyewitnesses to the murder at all.

    Re: Delaware: Lawyer Capano's Death Sentence Overt (none / 0) (#5)
    by sarcastic unnamed one on Thu Jan 12, 2006 at 12:04:13 PM EST
    Ed, to many people, taking the life of another human being is a crime that's in a separate category all by itself, and cannot be conflated with lesser crimes such as rape, robbery, etc.

    Re: Delaware: Lawyer Capano's Death Sentence Overt (none / 0) (#6)
    by Dadler on Thu Jan 12, 2006 at 01:07:28 PM EST
    txpd, you're right, my bad.

    Re: Delaware: Lawyer Capano's Death Sentence Overt (none / 0) (#7)
    by Talkleft Visitor on Thu Jan 12, 2006 at 01:23:28 PM EST
    Sarcastic one, You are absolutly right. Murder is against God's and Man's law and the state should not be breaking either, in the name of Justice. We as a civilized society should not engage in pre meditated murder!

    Re: Delaware: Lawyer Capano's Death Sentence Overt (none / 0) (#8)
    by sarcastic unnamed one on Thu Jan 12, 2006 at 02:07:57 PM EST
    I hear you Ed, I'm not arguing with you on your opinion, both sides have made theirs known ad nauseum on this site, just trying clarify part of your post.

    Re: Delaware: Lawyer Capano's Death Sentence Overt (none / 0) (#9)
    by Talkleft Visitor on Mon Jun 19, 2006 at 02:02:07 PM EST
    txpublicdefender, A small quibble - there is an eyewitness, and his name is Thomas Capano. Recall that two of his brothers testified against him, in order to save their own sorry skins, and detailed how they helped him hide the evidence of his crime.

    Re: Delaware: Lawyer Capano's Death Sentence Overt (none / 0) (#10)
    by symonds88 on Thu Jul 31, 2008 at 06:50:16 AM EST
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    Delaware: Lawyer Capano's Death Sentence Overturned | 10 comments (10 topical)