The day of reckoning has come for accused killer Tom Capano. If convicted, the wealthy former political aide faces the death penalty. Much of the prosecution's case has already been hashed out in the press, leaving the trial's biggest cliffhanger up to Capano's lawyers. To save Capano's life, defense lawyers must show that Capano didn't plan to kill Fahey after he took her to dinner in Philadelphia on the night of June 26, 1996.
Premeditation is a key to the prosecutors death penalty case.
An obvious defense that his lawyers have used so far. As yet, they've offered no other scenarios of what may have happened to Fahey after she disappeared. Experts say this may be the hardest tactic to pursue, given the scope of evidence amassed by prosecutors. Capano's brother Louis has already told authorities that Tom claimed that after he and Fahey had dinner she slit her wrists and disappeared because she was distraught about family problems, her anorexia and was mentally unstable. Tricky, experts say, because her psychologist has testified Fahey was not suicidal.