HUNTSVILLE, Ala. (WHNT) — For the second time in less than a year since her murder conviction, a former Huntsville nurse has been denied an appeal, recent court records show.
On July 14, 2022, Marjorie Nicole “Nikki” Cappello was sentenced by Madison County Circuit Court Judge Alan Mann to life in prison with time served.
When Cappello’s defense team requested a new trial soon after due to insufficient amounts of evidence to support the conviction, Mann denied that request.
On March 17, the Alabama Court of Criminal Appeals’ Judge Kellum ruled to uphold Cappello’s conviction.
The former nurse was found guilty after a four-day trial for the 2018 murder of James Cappello. James worked as a private investigator and was reported missing by concerned friends and family after they had not seen him for days.
James was found dead in the Cappello home’s garage by Huntsville Police. Officials said they were forced to get a search warrant for the home after Nikki refused to consent to a search. It was found that Jim had been poisoned with insulin shots, which were unnecessary as he was not a diabetic.
Evidence presented to the court included evidence of insulin needles and syringes found inside the home. She allegedly stole that insulin from the healthcare facility where she was working as a nurse at the time of her husband’s death in 2018.
During the trial, 15 witnesses were called to testify, none of them for the defense. The jury deliberated for just over 30 minutes before delivering a guilty verdict.
Cappello could still choose to appeal to the Supreme Court.