Judge schedules arguments in Capano case
WILMINGTON, Del (AP) - February 22, 2008 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.
