A judge has upheld the murder conviction of a nurse who poisoned her private investigator husband to death with insulin, WHNT reports.
Former North Alabama Specialty Hospital nurse, Marjorie Nicole “Nikki” Cappello, filed an appeal in August 2022 after being convicted of her husband’s murder in May 2022, WHNT previously reported. Her defense team requested a new trial, claiming the evidence presented by the prosecution was insufficient to prove guilt beyond a reasonable doubt.
This is the second appeal denied in Nikki’s case, WHNT says. Nikki’s first appeal was denied on August 15, 2022. While expert witness Valerie Green testified that insulin cannot be detected in a body after a few days, and after that time, an insulin needle leaves no marks, the prosecution remained armed with circumstantial evidence.
Jim Cappello, her husband and a successful private investigator, was preparing for divorce and custody of their daughter after unveiling his wife’s narcotics addiction, WAFF says. Instead of letting him move on, prosecutors say Nikki poisoned him with insulin, and left his body in the garage.
Police found insulin and needles in the home when they obtained a search warrant, as Nikki initially refused them entry to the house, WAAY reported last year. Upon their return, they found Jim’s body, along with a freshly dug grave in the backyard, a dirty shovel, and a pair of muddy women’s shoes.
The jury deliberated for less that 30 minutes before delivering a guilty verdict, WAAY says. The verdict will be upheld with this latest appeal denied.
Nikki is serving a life sentence while her and Jim’s daughter is being raised by Jim’s sister, Jamie, WHNT reported last year. Nikki still faces a civil lawsuit filed by civil attorney Will League. He is seeking retribution from Nikki to ensure her and Jim’s daughter is taken care of.
News19 also reported that he is suing Nikki’s former workplace, the North Alabama Specialty Hospital in Athens, where she allegedly stole the insulin used to kill her husband. He accuses the hospital of not monitoring Nikki efficiently enough to avoid the theft leading up to Jim’s death.
“Any proceeds we recover from Nikki or any other defendant who was negligent in this matter, all those proceeds would go to help Riley, his child, which he would want. Whether it be college, or trying to provide some type of support because again she’s lost her father. When you think about it, what’s the value of a father?” League said.
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