In 1994, Capano was a partner at the Wilmington office of Saul Ewing LLP when he became involved with 28-year-old Anne Marie Fahey, the appointments secretary to then-Governor Thomas R. Carper. Married with four daughters, Thomas Capano separated from his wife Kay the following year.
Fahey's disappearance and investigation
Anne Marie Fahey, the scheduling secretary for Delaware's then-Governor Thomas Carper, became involved with the married Capano in 1994. In September 1995, while still involved with Capano, Fahey began another affair with Michael Scanlon.
She was last seen alive on Thursday, June 27, 1996, when she went to dinner with Capano in Philadelphia. Fahey's family reported her missing on June 30, 1996. After an extensive investigation into her disappearance, the FBI joined in the investigation in July 1996, and a federal grand jury heard evidence for over a year. Capano, the last known person to have seen her alive, was the primary suspect. Capano was arrested for her murder in November 1997, over sixteen months after her disappearance. However, Fahey's body was never found, and prosecutors were unable to establish the cause or manner of Fahey's death.
Prosecutors alleged that Capano murdered Fahey at the house he rented and, with the assistance of his brother, Gerry, dumped her body in the Atlantic Ocean. Gerry Capano owned a boat and, when it was sold, its two anchors were missing. On November 8, 1997, Gerry was interviewed by detectives and told them that Thomas had borrowed the boat and admitted that he had murdered someone who was attempting to extort him. They went to Stone Harbor, New Jersey, with a large cooler that contained Fahey's body, sailed 62 miles (100 km) out to sea, and pushed the cooler overboard. Gerry told police that Thomas shot the cooler in order to sink it, but that the cooler remained afloat in the water. Thomas then retrieved the cooler, took the body out, and wrapped the anchor chains around it. Thomas also asked Gerry to help dispose of a blood-stained sofa and carpet into a dumpster, which was managed by a third brother, Louis. Thomas ordered Louis to empty the dumpsters outside of their regular schedule. The empty cooler was found on July 4, 1996, by a local fisherman.
Investigators did not have a murder weapon or a body, nor any evidence that Capano had purchased a gun. However, Capano's mistress Debby MacIntyre had bought a gun and, when questioned by investigators, admitted to supplying the weapon to Capano