Judge hears Capano murder appeal

WILMINGTON, Del. (AP) - March 18, 2008 Judge Harvey Bartle III heard arguments today by attorneys representing Capano and the Delaware Department of Justice.

Capano's lawyer says the Delaware Supreme Court erred in upholding a trial judge's decision not to give Capano's jury the option of convicting him on a lesser charge than first-degree murder. The defense also argues that the judge erred in allowing prosecutors to admit hearsay evidence and to question Capano's silence about the case at a bail hearing before trial.

Deputy Attorney General Elizabeth McFarlan argued that Capano received a fair trial.

Bartle gave no indication as to when he would rule.

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