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Defense Rests in Capano Trial

January 7, 1999

WILMINGTON, Del. (AP) _ On the final day of his defense, a prominent lawyer brought forward two family members whose testimony could bolster his claim that his mistress died accidentally at the hands of another, jealous lover.

Attorneys for Thomas Capano, a politically connected lawyer on trial in the death of Anne Marie Fahey, on Wednesday questioned Capano’s older sister, Marian, and her husband, Lee Ramunno.

Prosecutors contend Capano, 49, murdered Ms. Fahey, the governor’s scheduling secretary, because she wanted to end their secret affair.

Both defense witnesses said Wednesday that Capano told them on July 4, 1996 _ a week after Ms. Fahey’s disappearance _ that he had taken Ms. Fahey home after dinner on June 27 and never saw her again.

``He said, `I can’t go to the police because it would involve someone else,‴ Mrs. Ramunno said.

Capano has testified that a second mistress, Deborah MacIntyre, accidentally shot Ms. Fahey. He said she found the two of them at his house, and, in a jealous rage, produced a gun, threatening suicide.

Capano has said he lunged for the gun and it went off, killing Ms. Fahey. Later, he said, he dumped the body at sea to protect himself and Ms. MacIntyre.

Capano’s sister and his brother-in-law said they never asked him specifically what had happened to Ms. Fahey.

Ms. MacIntyre has denied the story, saying she wasn’t even at his house that night.

Capano, a former state prosecutor, did not make his version of Ms. Fahey’s death public until his trial began in late October.

Prosecutors, who began their rebuttal case Wednesday, are to continue their case when court resumes today.