Tapes Figure In Fahey Murder Case

A lawyer, accused of murdering a former mistress, urged a longtime girlfriend to remember details important to his defense and promised to make a life with her if he ever gets out of jail, according to prosecutors.

Thomas Capano also said he was willing to lie under oath and urged Deborah MacIntyre - who is cooperating with prosecutors - not to betray him, according to letters and transcripts of telephone conversations between the two, prosecutors said in a 180-page court filing Tuesday.

Capano, a 48-year-old politically connected lawyer, is accused of killing Anne Marie Fahey, scheduling secretary to Delaware Gov. Thomas Carper, and dumping her body at sea. His brother has testified that he helped dump the body. Her body has not been found.

Prosecutors allege Capano killed Fahey, 23 when she was last seen in June 1996, because she was trying to end their three-year secret affair.

Capano, a former prosecutor, public defender, and political adviser to mayors and governors, has not entered a plea and has been denied bail. Capano is married with four children.

Samples of letters and transcripts:

• Capano told MacIntyre in a letter that prosecutors could not prove a gun she bought was used to kill anyone.

  "Let's suppose for the sake of argument they can prove the gun they showed you at the interview was the one you bought and has my fingerprints on it. Juicy, yes, but how can [prosecutors] prove it was used to commit murder?" Capano said in a Feb. 3 letter.

• In one letter, Capano said he would even swear under oath that the two "never had sex until whatever date you needed me to say." Prosecutors characterized that as a willingness on his part to lie under oath.
• Capano belittles McIntyre and her lawyers, yet swears his love for her. "Sacrificing a year in this hellhole would be a cheap price to pay for a life with you," he wrote, according to the court papers filed in Wilmington.

MacIntyre agreed to give prosecutors copies of letters Capano wrote her and to tape conversations he had with her over the telephone. She has been given immunity.

Capano's attorneys have asked the court to suppress the letters and telephone transcripts.

Written by Todd Spangler