Judge schedules arguments in Capano case

February 22, 2008 10:24:30 AM PST
Judge Harvey Bartle, chief judge of the federal court in Philadelphia, has scheduled the hearing for March 18. Capano was the politically connected attorney who was convicted of killing his mistress, Anne Marie Fahey. Fahey was the scheduling secretary to then-Gov. Tom Carper.

Capano's attorney, Joseph Bernstein, is expected to argue that Capano's conviction should be thrown out, and a new trial should be conducted. Bernstein says the trial judge allowed hearsay evidence, allowed an improper cross-examination by the prosecutor and failed to allow the jury to consider lesser-included charges.

State prosecutors are expected to argue that U.S. Supreme Court precedents cited by Capano no longer apply.

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