Capano's defense team tries to implicate former mistress Lawyer in Delaware case implies woman knows what happened to rival

November 24, 1998|By Jean Marbella | Jean Marbella,SUN NATIONAL STAFF

WILMINGTON, Del. -- Both sides seem to agree: Anne Marie Fahey, the governor's scheduling secretary who vanished two years ago, was killed in a jealous rage.

The disagreement is over who pulled the trigger. Was it, as prosecutors have charged, the lover she spurned, Thomas Capano?

Or was it, as his defense team suggested yesterday at his trial, Capano's other lover, a 48-year-old woman who became enraged upon discovering he was involved with an attractive, younger woman?

Although Capano's attorneys tried to implicate Deborah MacIntyre, with whom he continued a 17-year affair even as he romanced Fahey, her stint on the witness stand ended with no evidence presented that would have supported the suggestion that she killed her rival.

For three days, MacIntyre, a former private school administrator, endured painfully intimate questions that revealed a degrading affair in which she would do anything for Capano -- from having sex with other men as he watched to buying him a gun shortly before Fahey disappeared.

"I loved him," she repeatedly said by way of explanation.

But after yesterday's questioning -- when, as expected, Capano's attorneys suggested she had killed Fahey -- MacIntyre made a simple statement.

"The man I loved for many years, Tom Capano, never existed," MacIntyre said. "I do not love the man in that courtroom."

That man, once a powerful lawyer in state political and business circles, seemed shrunken yesterday. Pale and hunched, he suffered a bout of colitis that interrupted proceedings for an hour.

The most dramatic point in MacIntyre's testimony came earlier in the day, when one of Capano's attorneys, Eugene Maurer, tried to get her to admit involvement in Fahey's death. After noting how upset she had been to learn that Capano, 49, had been involved with Fahey, Maurer led MacIntyre through this exchange:

"Didn't you in fact find out about Anne Marie Fahey not on July 2 [1996], but on June 27, 28th?" Maurer asked. Fahey was last seen June 27.

"No, Mr. Maurer, I never learned about Anne Marie Fahey until July 2," she responded.

"Didn't you go to 2302 Grant Ave. [Capano's house] June 27 or 28 with a firearm to visit Tom? Didn't you have your firearm at Tom Capano's house on that night when you first learned about Anne Marie Fahey?"

"No, I did not."

"And you deny your firearm discharged that night inside that house, striking her?"

"I don't know what happened to that firearm. I gave that firearm to Tom on May 13."

Despite the exchange, Maurer never presented evidence or witnesses to place MacIntyre at Capano's home that night. MacIntyre has said she bought Capano a gun at his request and never saw it again.

The trial, in its fifth week, has provided shocks for this small city, where most of the major figures are well known. Fahey, 30, was a vivacious yet troubled woman whose disappearance unveiled a three-year affair with the married Capano, a former counsel to then-Gov. Michael N. Castle, now the state's sole congressman.

Capano's brother, Gerard, has testified that he helped him dispose of a body at sea on June 28. Fahey's body has never been recovered.

The trial's surprises began on the first day, when one of Capano's attorneys said in his opening statement that Capano had disposed of Fahey's body, but that she had died in a terrible -- and as yet unexplained -- accident.

Last week, when MacIntyre took the stand, the trial turned seamy as she testified to sex play that, in one case, involved the No. 2 man in the state's attorney general's office, Keith Brady.

Maurer spent much of yesterday punching holes in MacIntyre's credibility, noting the many times she had changed her story, most significantly after she was promised immunity for cooperating with the prosecution. MacIntyre occasionally agreed that she had lied or misled investigators to protect Capano, but then realized the jeopardy she had placed herself in.

Maurer also tried to impugn her character. Although MacIntyre reddened during his questioning, she remained composed. He occasionally mocked her for her improved memory about certain events.

"This is another vision you had?" Maurer said after she had recalled an event.

"I started thinking with my brain," MacIntyre said, "instead of my heart."

Pub Date: 11/24/98

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