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.
