The prosecution has a damn good case, a damn good case. Although getting a murder conviction without a body isn't common, legal experts said it happens periodically, as long as there's solid evidence. Joel Friedman, who once headed the Organized Crime Division for the U.S. Attorney's Office in Philadelphia, said he convicted without a body in trials against members of the Philadelphia Mafia headed by Nicky Scarfo. So the lack of a body isn't insurmountable. You have to prove that the murder did take place, this is the person who was killed, and this is the person who committed it.
Circumstantial evidence can be as good as direct evidence.
They'll point out that Capano, who had a tumultuous three-year affair with Fahey, was the last person known to have seen her. Fahey's psychologist and friends, who have said Fahey was afraid of Capano and told them he stalked and harassed her, likely will testify. The icing will be Gerard Capano's testimony that he helped Thomas dispose of a body at sea. Delaware lawyers know of only one case in Delaware where a person was prosecuted for murder without a body. But Wilmington attorney Sidney Balick was able to win Gillis an acquittal.