Delaware state prosecutors announced that they will not seek the death penalty for Thomas Capano, a former millionaire influential in state politics who was convicted of murdering Anne Marie Fahey. Capano will instead face a sentence of life in prison without the possibility of parole. “Every criminal case has a natural end. We have reached that point in this case. I am satisfied that justice is served by having Thomas Capano spend every day of the rest of his life in prison,” said Deleware Attorney General Carl C. Danberg.

Last month, the Delaware Supreme Court upheld Capano’s 1999 murder conviction, but overturned his death sentence because the jury was one vote short of unanimous when deciding if the murder was the result of substantial planning. The Delaware court held that the death sentence based on a non-unanimous finding violated the U.S. Supreme Court ruling in Ring v. Arizona in 2002. Danberg said a new death penalty sentencing hearing would be difficult because two key witnesses, Capano’s brothers, who testified in 1999 did so in exchange for plea agreements with prosecutors. This time, Danberg said that prosecutors would have no leverage over the two men.

Fahey’s family said they supported the state’s decision to seek a life without parole sentence. “When Anne Marie was murdered, we maintained that the most important thing for us was that her murderer would be convicted and sent to prison. We are satisfied,” they said.

(The News Journal, February 6, 2006). See Victims and Life Without Parole.