The prosecution may have felt it just needed a little more time. The state Attorney General's Office declined to comment. One of Capano's lawyers, Joseph Hurley, could not be reached for comment. An indictment would be followed by an arraignment, at which Capano will have the opportunity to enter a formal plea. His lawyers have said he plans to plead not guilty.
State prosecutors can block bail by establishing grounds for seeking the death penalty.
Prosecutors contend that Fahey wanted to break off the affair the two had been having and that Capano killed her at his Wilmington home. After making it appear that Fahey had returned to her own apartment, prosecutors allege, Capano put Fahey's body in an ice chest. There, Gerard Capano has told investigators, his brother tied an anchor to the cooler and dropped it overboard. Gerard Capano told police he saw a calf and foot disappear into the sea. All rights reserved.