Crime Stories with Nancy Grace - KILLER WIVES: Deadly Jab

Episode Date: August 3, 2020

An Alabama nurse steals insulin from work, then poisons her private investigator husband. Police find his body in their home. Did Marjorie Cappello kill her husband because he found out about her secret drug use? Did he plan to divorce her and take their child?Joining Nancy Grace today: Mark Eiglarsh, Criminal Defense Attorney Dr Angela Arnold - Psychiatrist, Atlanta Ga Jeff Cortese - Former FBI Special Agent, Jennifer Shen, Forensic Pathologist, Former San Diego Police Department Crime Lab Director Nicole Partin - Crime Online Investigative Reporter Learn more about your ad-choices at https://www.iheartpodcastnetwork.comSee omnystudio.com/listener for privacy information.

You're listening to an iHeart Podcast. Crime Stories with Nancy Grace. How does a very popular local private investigator end up dead now this is a guy much loved in the community that knows everybody's deep dark secrets i mean when you're in a small town small town comparatively and you know who's cheating on who What husband wants you to tell his wife and vice versa? Who's paying somebody off? Who wants undercover surveillance? You know it all.

Did that have anything to do with the death of a 37-year-old husband and dad in the prime of his life? As I mentioned, much loved in the community, Jim Capello Jr. Crime Stories with Nancy Grace. I'm Nancy Grace. This is Crime Stories. Thank you for being with us here at Fox Nation and Sirius XM 111. First of all, take a listen to our friends at WAFF 48. Liz Hurley. Jim Capello Sr. and Jim's sister Jamie were driving to Huntsville from out of state to lead a search team to find Jim.

Jim's wife posted on Facebook that she had last spoken to him Thursday morning. She asked for help looking for him Friday. Jim's sister spoke to him late Wednesday night. 11 o'clock, I had my way to work, my way to the car. I did call him and he answered and he was panicky, real panicky, anxious. He couldn't get his words together. I text Nikki and asked her how his night was. She said at one point he woke up freezing, and she warmed him up.

But after that, he slept well, and he's doing well this morning. I tried calling him twice that day on two separate occasions, and he didn't answer. Jamie is a nurse, and she knew that her baby brother was suddenly and mysteriously very ill. What do we know about his ailments? Joining me, an all-star panel, Rachel Hammers, CrimeOnline.com investigative reporter. Joining us there in Huntsville, Jennifer Shen, forensic pathologist,

former director of the San Diego Police Department Crime Lab. You can find her at jenshenforensics.com. Former FBI special agent, no stranger to a crime scene, Jeff Cortese, renowned psychiatrist. Joining us out of the Atlanta area, Dr. Angela Arnold, Jim Elliott, attorney with Butler Snow Legal Counsel for multiple municipalities at ButlerSnow.com. And special guest joining us, the sister of the victim, Jim Capello, Jamie Wiest. First of all, I want to go to Rachel Hammers. Rachel, what can you, hold on.

Jackie, you're absolutely right. First to Jamie Wiest. I want to go to Jim Capello's sister. I want to hear about the victim in this case. Jim Capello first reported missing. He was extremely popular. Tell me about his private investigators practice. What's his background? Well, he worked for a very well-known firm. He would do anything from delivering subpoenas to following cases, cheating husbands, cheating wives. He was involved. He had to stand in a lot of trials in court, talk about what evidence he was able to obtain. He was very good at what he did, very good. He held a leading practice in Huntsville. You know, to you, Jeff Cortese, former FBI special agent, have you ever been on a stakeout?

It's made up of the vast majority of my career. So, you know, to be a private eye, you have to tell people all the time. So you've done stakeouts, Jeff Cortese. Have you ever tailed somebody? Yes. It's really hard. It's not like in the movies. No, Jeff Cortese. Have you ever tailed somebody? Yes. It's really hard. It's not like in the movies. No, it isn't.

It isn't. It takes a certain expertise, that's for sure. I mean, I've done a lot of stakeouts, and I've done a lot of tailing. And it is not easy. It's not easy at all. It's nothing like in the movies where you follow and you make all those green lights, and you go right behind them. They never notice you're there. It's nothing like that. Same thing with a stakeout. It's nothing

like you're led to believe it is on TV. Explain what it takes to be an investigator, Jeff Cortese. It's a combination of science and art. It is not, as you said, it isn't as simple as sitting across the street from a house. It's understanding your environment. It's understanding how you appear to the people outside of your vehicle. It's creating a situation whereby you are able to conduct whatever necessary surveillance without being identified as surveillance. And that takes, like I said, a lot of understanding of techniques and thinking outside the box in order to ensure that you can be in an area without being seen as out of place within that area. So it's a very sophisticated investigative technique, and one we fail at within the law enforcement community constantly.

All the time. All the time. Losing our targets. You know, sometimes you get outed in the neighborhood. And, you know, Jeff Cortese, the police, the feds, they're always the butt of jokes about being, you know, let's just say tripping over their own shoe. But when you're out there and you're telling somebody or you're doing a stakeout, it's really actually very difficult to pull it off. This guy, this guy, Jim Capella Jr., could do it. Because according to my information, he's had a practice since 2006

and was private investigating before that, long before that. So you don't stay in the business and make a go of it if you're not any good it's just that simple so this guy go ahead no i was just gonna say you know i bet you he he that was his bread and butter just like it was for us surveillance the week obtained some of the most critical evidence via surveillance. And if you aren't good at it, you will not make it in that industry. So he had to have been good at it. Did you hear what the sister, Jamie Wiest, said? She said he had worked for another firm.

He had to deliver subpoenas. That's certainly putting perfume on the pig. I have sat outside somebody's apartment for up to 7, 8, 12 hours waiting for them to come out so I could go up and hand them a subpoena. I have hidden in parking lots between cars waiting to see somebody come out of their office building and walk to their car so I could ambush them with a subpoena and a subpoena dukes tecum for documents or objects. That's not easy. You can get shot at. You can get cursed at. People run from you if they know what you want. I mean, it's a hard way to make a living. Would you agree with that, Jeff Cortese? Absolutely. Absolutely. And not only that, Dr. Angela Arnold, a psychiatrist joining me out of the Atlanta jurisdiction,

the people you hang around with. I told a story the other day. I was trying to get a hold of a defense attorney on a Friday afternoon for a month, telling us a Monday morning court hearing. got his secretary his assistant he was with clients guess where he was he was with a bunch of his doper clients at the Magic City Strip Club I found him yeah but what I'm saying is when you work as a PI a lot of your clients let's just say it ain't no tea party Angela right that's all you've got to say you're the psychiatrist and all you can say is right a lot of your clients. Let's just say it ain't no tea party, Angela. Right. That's all you've got to say?

You're the psychiatrist and all you can say is right? Crime Stories with Nancy Grace. Guys, we're talking about the death of a husband, a father, good-looking guy, his life in front of him, his own firm as a private investigator that he fought tooth and nail to get and sustain. So back to you, Dr. Angela Arnold, all you can say is right what I'm telling you and that line of business, you're not hanging around with nuns and priests and virgins. No, I completely agree with you. And? I don't know a lot of people that do this work, but it sounds like a very dangerous line of work. Well, Dr. Angela Arnold, let me be more clear.

Let me refine my question for you. Don't you agree that when you hang around, haven't you ever heard birds of a feather flock together or water seeks its own level or go to bed with a dog, wake up with a flea? Get it? You see where I'm going with this? Yes. Do I have to pull a tooth? I'm a JD, not a DDS. No.

So, in other words, if he hangs around with bad people, that makes him a bad person. So, Jamie Yeast, no, I'm not saying he's, well, Jamie Yeast, your brother, Jim Capello, had never been in any kind of trouble before. No.

Loving dad, loving husband, family, extended family. And he was kind of like the it guy in the community. I'm talking about Huntsville, Alabama, known as Rocket City, the star of Alabama, population around 200,000. And he was very well known locally. Am I correct on all that, Jamie? You said it correctly. And I liked what the other gentleman said, and that was his bread and butter. That was definitely, he loved his job. Even more importantly, he just, he loved what he was doing. What did he love about it? Because many people believed at the get-go that his line of business, being a private investigator and knowing all these deep, dark secrets, seedy secrets, there are secrets for a reason, may have been connected

to his murder. I feel like he was making a difference and he liked the feeling that he was needed and he could help people. And, you know, he was able to help people in situations such as going through divorces that he needed to get the evidence for them. You know, they were cheating. And the significant other, you know, was trying to get their children. Or, you know, he got, there was some heavy. Oh, you know what, Jamie? That sounds like sticking your hand in the middle of a dog fight. Jim Elliott, attorney with Butler Snow, represents multiple cities, towns, counties, municipalities. ButlerSnow.com.

Jim Elliott. Yes. I've got a friend, a very close friend, and she does practically nothing but dope. Trafficking, possession intent, simple possession, manufacturing, distribution, the works. Why? Because she never, ever, ever wants to handle a divorce case. Why? Because it's more likely that an angry husband or wife will shoot the lawyer than a doper. There are plenty of examples of that. So she totally quit the divorce business. Now, when you'd rather represent a dope lord than handle a divorce a divorce case especially between rich people

they get really nasty or when children are involved and somebody's cheating emotions run so high what do you have to say about that jim elliott it's probably the most volatile practice of law because i mean you'll expression hell have no fury And they're going to be angry at not only their spouse or former spouse, but anybody associated with them, the lawyer, the investigator, the counselor, whomever. And so that's a, it's very volatile, I believe. I mean, think about it, Jim Elliott. You know, my husband and my children, And I love David, but he better not ever get between me and my children. Oh no, don't, don't even. So here is this guy, Jim Elliott, who is helping one side of the other and divorce cases. And you may think you've got the good client, the good side of the divorce, but you know, you don't really always know. It's like a tiger by the tail. You can't hold on and

you can't let go. I mean, so here is this guy, turns up dead and he is a well-known PI in the middle of all these divorce cases. Jump in Jim Elliott. Well, whatever whatever you know what being on the quote good side of the divorce I mean that makes it even more risky for him because he's because again the your opponent your adversary whomever is the bad person in that situation and exactly you know again as you say when children are involved there's no limit to what some people will do. No, and think about it. I mean, Jim, let me go to a shrink on this one. Jim, you and I are just JDs. We need to shrink on this. Dr. Angela Arnold, I mean, if it were me and my children, there was a risk I wouldn't have custody of them. I wouldn't see them every single day. I go berserk, berserk. And I would probably blame everybody on the other side there was to blame.

Everybody, from my husband to the lawyer to the judge to the private eye to the clerk. The whole kit and caboodle would get my wrath, or I'd want them to. Is that normal, Dr. Angela? Well, I think that that's normal, Nancy, but I think that to murder someone is taking it to a different level. That's true. But the other thing is, though, and Jim Elliott, you mentioned that this has happened a lot of times in divorce cases.

I've seen lawyers shot over a divorce case where a client or unhappy on another case will actually get the lawyer come out of court. I remember one where they were chasing him and the lawyer was hiding behind a tree outside the courthouse and the perp, one of his clients, had a gun and was chasing him around the courthouse. And here you got a PI up to his neck in all this? He probably testified or gave depositions or affidavits. And so again, when someone's looking for someone to blame, the PI would be a very convenient target. We know that he was also married.

Rachel Hammers, CrimeOnline.com investigative reporter, Huntsville, Alabama. What more do we know about the victim's background? What can you tell me? The background, where is he from? How many children? The whole shebang. Tell me, where'd they live? Everything. They lived in South Huntsville. His wife is a nurse. And of course, his sister spoke to his background as being a private investigator. They had a daughter. By all evidence, it looks like the, you know, the typical suburban family life. To Jamie Wee, special guest joining us, this is Jim Capello's sister. I'm trying to get an idea

of who this guy is. What can you tell me about his personality? He was a funny guy. He was always trying to uplift a bad situation. If you were having a bad day he would use his

sense of humor and his jokes and he'd be able to twist it around and by the end of that conversation you were laughing he he would go out of his way to make someone else's life better he was was everyone's best friend. And I learned so much more about him even after this. So many more people would come up to me telling me stories and situations that they were involved with him and how much they loved him and respected him and cared about him. He just left a mark in so many people's lives. And, you know, right down to his daughter who just looked up to him every day. Let me ask you this.

Do you remember the moment you heard your brother was missing? Oh, yeah. Crime Stories with Nancy Grace. Everybody, for those of you just joining us, private investigator Jim Capello Jr., husband, father, dead. With a thriving private eye practice. Did that have anything to do with his death? Joining me, special guest, Jamie Wiest, the sister of Jim, the aunt to the little girl.

You were about to tell me about when you first learned that your brother is missing. What happened? Well, I received a text at 8.50 in the morning. I'll never forget. And this was Friday, September 21st. And it was from my mother. And she asked me, have you heard from Jim? And I said, well, I didn't hear from him yesterday.

I heard from him the day before that he wasn't when he wasn't feeling well. I said, I've called him twice, but no, I haven't heard from him today. And she said, well, his phone is at home, but not him. Nikki found it. Jamie, I'm really upset this is not like him his phone laptop cars everything's at home i just found this out so i called okay so you wait wait you learned that he's missing through your mother and the two of your mother and your mom tells you his phone in his car is at home but he's missing that's right how So she knew the car was there. How close does the mom live, your mom live to him? Did she drive by and see the car? She did not. She heard from, she got this information from Laura. Laura is one of the

private investigators that worked for my brother. So she found this out from her. Okay. How did you know the phone, that his cell phone was in the home? I think that was communicated between Laura and Nikki. What do you mean by that? So I think we were all finding this out this Friday, and I wasn't contacted yet. So I think Laura and some other really good friends of my brother's was suspicious of him not coming into work that day before Thursday. Ah, okay. So that's what raised the red flag of alarm.

Yeah. To Jennifer Shin, forensic pathologist joining us, you can find her at jenshinforensics.com. The fact that the first red flag was raised by people at work is concerning to me. And I'll tell you why. Because I would think that someone in his family would first notice he's missing. And the fact that his car is there, and we now know his cell phone is there, that changes things. In your experience, Jennifer Shen, how often do co-workers report the person missing?

That's a really great point, Nancy. And when we see co-workers reporting someone missing, it's generally when the missing person doesn't have a family that they're living with. And because you're right, I mean, the first person that should notice something is a mess to be the person that you live with your wife your children your husband whoever so when the co-workers are raising the alarm it's because that person doesn't have that support structure in the home and that's why no one's noticed that they are missing until they don't show up at work. And someone like this is obviously as successful as he is,

would not be someone who just would not show up to work without letting anyone know. So that would, in fact, be a very big red flag. Guys, joining us is the sister of Jim Capello, Jamie Wiest, Jim Elliott, Dr. Angela Arnold, Jeff Cortese, Jennifer Shin, and Rachel Hammers. I want you to take a listen now to Cut 11, Fox 30 Jacksonville reporter Megan Moriarty. Jamie Weist is choosing to be strong and hold on to faith after losing her brother James. I want everyone to know the person my brother was. He was a private investigator in Huntsville, Alabama,

a beloved friend and the father of a beautiful little girl. She mentions almost every day, if not every other day, I miss my daddy. Jamie is not only playing the role of aunt, but she's also acting as a parent for her five-year-old niece. We have four kids now and between the ages of aunt, but she's also acting as a parent for her five-year-old niece. We have four kids now, and between the ages of five and seven, so literally she fits right in there. The little girl was moved from Alabama and now lives in Jacksonville. This is all while consoling her when she says that she wishes her dad was still here. Before she goes to bed, she either gives him a kiss, she gives him a hug or sometimes she sleeps with that picture.

Jamie also has a Facebook group called Legacy of James Capello where people can post stories about her brother. She plans to take those stories and make a memory book for her niece. You are hearing about the victim's daughter and what she is going through at the death of her father. Now, as the case develops, take a listen to our friends in Cut 6 WAFF 48 reporter Lindsay Connell. The state is still waiting to receive the final autopsy report, but the medical examiner told officials it's consistent with being poisoned by insulin. A check at the hospital where Capella's wife worked as a charge nurse showed that insulin was missing. The judge found probable cause for the case to move forward in court, what the victim's family was hoping for. He's shining down on us right now.

He's with us every step of the way. You know, he was well known in the Huntsville community he's my son and I miss him he didn't deserve this but he deserves justice the couple's daughter meanwhile is in the care of loving relatives straight out to Jamie Weiss the sister of Jim Capella who is now raising his daughter. When you heard that your brother was missing, what happened next? So nine minutes later, literally, I text Nikki and I wanted to find out. I asked her what in the world is going on. My mom is contacting me. She, that's when she texts back and confirmed Jim is missing now and no one has talked to him or seen him since I did yesterday morning. So, um, you know,

I called her prior to texting. She didn't answer. I called again after I received that text message and she answered. And we had a conversation and after hanging up, I was shooken up. The conversation just didn't seem right to me. It didn't make sense. It just didn't make sense., um, or concerned. Um, I was asking her, oh my gosh, you know, do your, have you told your parents yet? She said, no, I haven't told them yet. I'm like, why? You know? And she said, well, they're going to be leaving town. And, you know, she was talking about, well, I said, well, my gosh, I got to get down there. I need to help you and Riley, and we need to figure this out as a family. And she's like, oh, I'll have somebody watch her.

I'm going to go back to work. And I'm like, why would you be going? The conversation was very strange to me, and I hung up with her, and I immediately called the Huntsville Police Department to find out if a missing report was filed. They did not have anything on file. I don't know what their protocol is or how quickly that comes up, but I had called my mother, and I told her that she needed to file one. I don't know if one was filed or not, but she needed to file one.

And literally 30 minutes after that text message that I sent to Nikki, I was already posting on social media that he was missing. I was the first person to post on social media that he was missing. I was the first person to post on social media that he was missing. And, um, you know, it just went on from there. My mother had filed a police report. Um, she had an officer come to her apartment. Um, I spoke to him briefly, um, over the phone. And then that Saturday morning, I was on a mission. I packed my bags. I found somebody to take care of our kids. And my husband and I left and with very little on us. And we were on a mission that we were going to find him. Crime Stories with Nancy Grace. Guys, with me is Jamie Weiss, the sister of victim Jim Capello,

describing her search for her brother, then missing a local private investigator. Jamie, so you say you and your husband threw some stuff together and you went on a mission. What happened then? Oh, we were on a mission. We drove up there, but during the drive, we were calling people. We were calling for police dogs. We were were calling trying to get in touch with media to help with a search hunt my father was on his way he was in Buffalo and he had a flight and he was on his way down there we were contacting fire departments urban search and rescue dogs, bloodhound tracking dogs, police departments around town. We were contacting people who headed organizations for missing persons. During our drive, we had an organization make a flyer for us.

We submitted pictures, and then we immediately had those pictures posted and shared on media, on social media. And, you know, the plan was once we arrived, we were, I was, we were going to start on foot and we were just going to, we were, I was determined to find him. Let me ask you this. How did it strike you when you called the police and found out there was no missing persons report filed and you go online and you realize you're the first person to post that your brother Jim is missing no postings no missing person nothing I found that to be strange I just didn't know what to make of it I didn't know what to make of it. I didn't know what to make of it. All kinds of things were going in my head,

and I was trying to be realistic with the information that I had at that point. I was trying not to steer my mind off of what I thought was bogus thoughts. I was, I'm like, I just have to get through this. I need to, I need to find him. So the first place you went is the home, I assume. So I, so yes, that, let's see, it was that Friday. So it was that the Friday I had text Nikki and I said, is it okay if we stay at your house? I'm going to head down there first thing in the morning. Chris and I are going, is it okay if we stay at the house? And she's like, Jesus, Jamie, this is going to make Riley think that something's up. I understand wanting to come, but you would just be sitting around. And I said, it doesn't matter if it's

my daughter, my husband, my brother, I'm going to do everything in my capable hands to help. So if it means searching on foot, then so be it. We'll stay in a hotel. So I left that Saturday morning and we had up there and my father had arrived on flight and he arrived, um, before I did. And when he got to the house, there was police cars already. He was texting me this information. I couldn't, I couldn't get there fast enough. I didn't know what was going on. I didn't know, you know, I was just getting little tidbits of information. Oh, now there was, you know, a was just getting little tidbits of information. Oh, now there was, you know, a crime scene tape up and I, nobody was telling us anything.

Did you go to the house? I did not. When I entered, when I arrived Saturday afternoon, when my husband and I arrived, we pulled up and the detective immediately pulled us aside and told us. When you pulled up to where? The house. Oh, so you did go to the house. I did.

We went straight to the house. We did not go in the house. Oh, okay. There was crime scene. Yes, ma'am. There was crime scene tape all around and police cars and what have you. But as soon as we arrived, the detectives pulled us aside. And said what?

And said that they had found that there's a body in the house, and I lost it. And he asked me, does your brother have tattoos? And I lost it again. Let me ask you this. Was your brother already there? I mean, your father already there when you arrived at home? Yep, he was. Guys, I want you to take a listen to reporter Erin Cantrell, WHNT News 19. Marjorie Capello wrote on Facebook she was

concerned that she couldn't find her husband, Jim. She was asking anyone with any information to let her know. Marjorie Capello, also known as Nikki on Facebook, wrote the following post. If anyone has heard from Jim since Wednesday, please let me know. I spoke with him Thursday at 5 a.m., and no one has seen or heard from him since. The police report has been filed, but if anyone has any information, please reach out. HPD tells WHNT News 19 that Capello was reported missing Thursday night by a friend and family members. Police say Marjorie Capello did not let investigators inside the home when they asked to search it Saturday, but she voluntarily went to the Huntsville Police Department for

questioning. Since she did not let police inside, they had to get a search warrant. Police spent several hours at the home. So what we're learning is that originally the wife, Nikki, would not let police in to search the home. I wonder if it has anything to do with the same reason she would not let her sister-in-law come to the home and stay. To Rachel Hammers, CrimeOnline.com investigative reporter joining us, Huntsville. Rachel, what do you know about the wife refusing to let the cops in? That's a surefire way to get them to go get a search warrant. Oh, absolutely. Well, as Jamie said, you know, the co-workers went first and she wouldn't let them in and his car was there. Then when the police came that Saturday, one went around front,

one went around back, and she refused them entry as well. So let me ask you this to Jim Elliott. How often is it that a woman's husband goes missing and she refuses to let the police into the home to search the home? That certainly raises some red flags. I mean, even with his line of work, when there could be a number of people that were angry with him, I mean, obviously you start looking closest to the victim, and that reaction certainly probably gave the officers and law enforcement all they needed to begin the search. Yeah. I mean, I'd call a magistrate right then and get a search warrant. To Jennifer, a sham forensic pathologist at Gen Sham Forensics,

what would insulin do to your body if you were injected with insulin and you were not diabetic? Well, it would be very bad. Basically, your insulin is in your bloodstream as it regulates how much sugar you have in it. So if you have too much sugar, that's really bad for you. And if you have too little sugar, that's really bad for you. So in this case, I would have put him in a situation where his blood sugar was exceptionally low. And in cases where there's a huge dose of insulin in someone's body that doesn't need it, you know, there's a lot of, you know, for a lot of symptoms, you would see anxiety, confusion, fatigue, irritability. But extreme symptoms would be lost consciousness, seizures, coma, and then eventually death. So it is absolutely so dangerous to mess with a hormone like that in someone's body. Jamie Wiest, Jim Capello's sister. So you get there and detail for us what you learned from police. They told me that

there was a body inside the house, specifically the garage, and that he was on a blue tarp and on a blue tarp inside the garage yes and she was she was downtown for questioning did they tell you the cause of death at that time no they did not when did you learn the cause of death? When the autopsy came back and I can't recall. I felt like it was forever with insulin toxicity. That is what I was told. And isn't it true that the wife, Nikki Capello, age 33, was a nurse and had access to insulin and that insulin was missing from that unit.

That is what I was told, correct. Have you spoken to the wife at any point since then to Nikki Capello? No, I have not. Guys, take a listen to Mark Hoover on Catch My Killer. Jim was a successful private investigator in Alabama. Jim and his wife, Nicole, Nikki, Capello, were married with a daughter. Like any other marriage, the Capellos had their marital issues. But Jim suspected that Nicole was using drugs. After using his experience as a private investigator, Jim found evidence of drug abuse.

He visited his in-laws, hoping that they would help with an intervention. According to WAFF 48 News, on September 21, 2018, Nicole Capello filed a missing persons report on her husband Jim. Jim's coworkers also became concerned because Jim didn't come to work. Concerned workers called Nicole and then visited Jim's home on Lauderdale Road in South Huntsville. However, she didn't allow them inside the house. It must have seemed strange because Jim's car was visible. Not only were there marital problems reportedly after he, the husband, now deceased, finds evidence of drug abuse by the wife. Other problems existed as well, but when the police get there,

they find a fresh grave dug in the backyard. They then find Jim's body in the garage. Nikki, then a nurse with access to insulin. You know, Jamie Wiest, what could possibly have been the motive? I have no idea. I would love that answer. I really would love that to get that answer. I have no idea what could come of her to be able to do something like this. Well, if he had found evidence that she had been using drugs, he could get sole custody of the little girl the daughter I know he was working the case he was um you know building the case for himself I mean I think he knew what it would take to be able to get sole custody a father of his daughter and he was just starting to look into things.

And I mean, he didn't talk to a diverse, a diverse divorce attorney. He didn't file papers. He was looking into his own life. He was investigating his own, what was going on in his own household. During their marriage, what was her demeanor when you guys would get together at, you know, Christmas or Thanksgiving? I mean, did they seem like a happy couple? What was she like? I mean, I was just there, July 31st to August 5th. I was there with my kids for Riley's birthday party. I mean, and that was what, like, you know, shy of two months prior to this happening.

And it was a beautiful birthday party with, you know, friends and family. And I saw my brother even joking around with Nikki and he pushed her into the baby pool and, you know, was throwing water balloons and they, you know, got her wet and, you know, joking around like, you know, but they had, I didn't see any strong red flags. I didn't see that divorce was... Before that incident, during the years, what was their relationship? Did they seem happy? Yeah, they seemed happy. I mean, he put a lot of hours into his work.

A lot of hours into his work, a lot of hours into his work. That may have been concerning. They could have probably used more dates, husband-wife dates. I know, but to jab him with an insulin syringe and kill him because you want more time with him had to be something more than that. Tell me, you now have their baby girl, Riley. How is she dealing with the fact that her dad is gone and her mom has been busted into murder charge? Well, she does not know about that.

She knows that her mom is learning to be a better mommy right now. She knows that her daddy is in heaven working on cars with Jesus because that's what she would understand. She would be in the garage with her daddy. He would be working on the car and she would be right there handing him tools or standing in a bucket of water if he's washing the car or helping him. That's just the way they spent their time if he wasn't taking her to parks and what have you but um so that's what she was able to best understand with the help of a therapist and so you know she asks questions. She asks, when can I see my daddy again? You know, can people come back from heaven?

And it's difficult. It's difficult. I mean... Have you seen Nikki Capello, for instance, in court at any point since your brother was killed? She has not shown up in the civil court appearances. How old is Riley? Riley is going to be six on August 5th. In the last weeks, the wife, Marjorie Nicole, known as Nikki Capello, has pled not guilty.

The case as it stacks up against her includes, Jeff Cortese, the fact that she allegedly called a friend and asked for help disposing of Jim's body. You think that friend's not going to be state's witness number one? Boy, there's a lot of evidence stacked up against her. I mean, this isn't really a question of, this isn't a whodunit by any stretch. You know, between the insulin, the behavior, the asking a friend to help with the body, boy, these are all very damning pieces of evidence. You know, the law enforcement, military careers,

and similarly private investigators have very tough, dangerous jobs. But it's the spouses that have the most difficult job, always worrying about the safety of their loved one. So when that spouse doesn't show the level of concern and safety or concern for the safety of their spouse, particularly after being reported missing, boy, those red flags. They didn't spend a lot of time looking elsewhere, I can tell you that. I got to tell you, Cortese, that would be my first witness. Yep.

The friend she asked reportedly to help dispose of the body. Jamie, are you girding yourself, galvanizing yourself for a trial? I'm ready. I have been ready. This is almost two years. Uh, we have yet to have a trial. I, what are the prosecutors tell you or your parents about it? We have a date, September 14th. Uh, that's the next, um, date on the books, but I was also told that because of COVID and whether they are or are not having jury duties, I don't know what's going on currently. If they are having them or because of

social distancing and courtrooms, this may very well not even happen until 2021. And at this time, you are raising daughter Riley, correct? Yep, we are. We are prepared to raise her for life. God bless you. God bless you. Our prayers continue for not only you and your parents, but for little Riley. We wait as justice unfolds. Nancy Grace Crime Story signing off.

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