Lawyer Accused of Killing Mistress Blames 2nd Lover

A once-prominent attorney accused of murdering his mistress finally gave his version of what happened--another mistress accidentally shot her to death, he testified Monday.

Defense lawyers had previously said Thomas Capano put Anne Marie Fahey’s body in a cooler and dumped it at sea from his brother’s boat in 1996. But Capano had never said in court what happened to Fahey.

Capano said Monday he and Fahey, with whom he had been having a three-year affair, were watching television at his house on June 27, 1996, when another mistress, Deborah MacIntyre, called and asked to come over.

Capano said he told MacIntyre he had company and hung up.

“The next thing I know, Debbie MacIntyre is in the room,” Capano said. “She was pretty ballistic.”

MacIntyre began talking about suicide and started taking a gun out of her bag, Capano testified.

“Debbie was off the wall,” Capano said. “I thought, ‘Oh my god, she’s going to shoot herself.’ ”

As he grabbed MacIntyre’s arm, the gun discharged, hitting Fahey, who had stood up to leave, Capano said.

“She was motionless on the sofa. I said, ‘No, this can’t be possible,’ and I checked her and sure enough she had a head wound,” Capano said.

What he did next, Capano said, “was the most cowardly, horrible thing I’ve done in my life.”

He was certain that Fahey was dead, so to protect himself and MacIntyre he did not call police and instead decided to dump her body, Capano said.

MacIntyre, one of the prosecution’s chief witnesses, has testified she was never at Capano’s house that night and has denied she shot Fahey.

She has also testified that Capano had her buy him a gun, which she gave him the month before Fahey died.

Capano has portrayed MacIntyre as a jealous, aggressive liar, disputing every aspect of her testimony, even how their relationship started 18 years ago.

No murder weapon has been produced by prosecutors and Fahey’s body has never been found.

Prosecutors contend that Capano, a 49-year-old lawyer and former prosecutor from a wealthy Delaware family, killed Fahey, 30, because she wanted to end their affair.