...And Never Let HerGo

of the proceeding.”
    Hesitantly, Oteri repeated a request that Tom had made. “Your Honor allegedly shows facial motion to indicate displeasure, disbelief, or some things at certain parts of the testimony . . . the interpretation is that you are showing disbelief or incredulity . . . at my questions. This is the complaint.”
    “Of who?” Lee asked in surprise.
    “Of my client.”
    “I hope that’s not the case,” Lee said. “But I’m not someone who’s inanimate.”
    No one but Tom felt that Judge Lee was making faces. He was not at all happy with the way his trial was going.
    C OLM C ONNOLLY made no heroic attempts to rehabilitate his witness when he asked questions of Gerry in redirect. He let Gerry explain that Marguerite had turned her back on him, and Kay had asked him to stay away from her and Tom’s daughters. The moment he went to the federal prosecutors and told them what Tom had done, Gerry was treated like a leper by much of his family.
    Had Gerry told the truth? He was a broken man on the witness stand, and it was apparent how much he had lost by talking to the investigators. If it wasn’t the truth, why would he have turned on the brother he idolized?
    T OM ’ S estranged wife was in the process of reassuming her maiden name, but she was still Kay Capano when she took the stand. The gallery was curious; Kay had managed to stay out of the strobe lights that followed Tom. She still worked at the pediatric clinic and made a home for her four daughters. She was very thin and the circles beneath her eyes were darker than ever. But she held her head up.
    When Ferris Wharton asked her about her marriage to Tom, she told him that officially they had been married twenty-six years, although they had been separated for more than three.
    “Do you have any children?” he asked, if only for the jury’s sake. Almost everyone else in the courtroom knew about their four girls.
    “Christine is eighteen,” Kay said. “Katie is sixteen, Jenny will be fifteen next week, and Alex is thirteen.” She explained that Christine was in her freshman year in college in New York.
    Wharton moved quickly over their separation and Tom’s stay at Louie’s estate before he found the North Grant Avenue house.
    “Have you been to the house on Grant Avenue?”
    “Just a couple of times.”
    “Did you go inside, or—”
    “I went inside, yes.”
    “Did you have any particular arrangement as far as visitation with your children?”
    “We didn’t have anything formalized,” Kay said. “It was essentiallythat he would see them on the weekend or he would drop by frequently to see them. On the weekends, they would stay at his residence—usually just one night on the weekend.”
    “I want to talk to you about some events on June twenty-seventh and June twenty-eighth of 1996,” Wharton continued. “You appreciate the significance of those dates in this case?”
    “Yes.”
    “Do you know where you were on the evening of the twenty-seventh?”
    “I was home on the twenty-seventh.”
    “Do you know where your children were on the evening of the twenty-seventh?”
    “They were home also. One of my daughters had just returned from camp. That’s how I remember the date . . . They may have gone out at some point during the evening, but they spent the night at the house.”
    Kay described for Wharton the two cars she and Tom owned—the large blue Suburban and the smaller black Jeep Cherokee.
    “Did you see the defendant on the twenty-seventh of June?”
    “No, I did not.”
    “Did you see him on the twenty-eighth of June—Friday morning?”
    “Friday morning? Yes, I did. It was a little bit after seven o’clock. [I was] outside in the backyard hosing off my dog. I had just jogged.”
    “Where did you see him?”
    “You know, I don’t remember what direction he came from. I just remember hosing off the dog and he was right there.”
    “How long did he spend at your house, approximately?”
    “Oh,” Kay said, “ten or fifteen minutes.”
    “Do you recall how he was dressed?”
    “Casually.” Kay could not describe exactly how Tom was dressed, but he hadn’t worn a suit and tie.
    “Did you observe any scratches or marks or injuries to him?”
    “No—nothing.”
    “What kind of facial hair did he have?”
    “He had a beard.”
    Since Kay remembered nothing unusual about Tom’s physical appearance, Wharton asked, “Was there anything about his demeanor that struck you as being out of the