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Andrea Bloom/For the AFN
Grace Pianka's defense attorney Ulises Ferragut cross-examines Detective Brian Hansen Monday.
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Prosecution rests in murder case Tuesday morning

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Judge gives jury cryptic message on 'other woman'

The prosecution rested Tuesday morning in the second degree-murder trial of Grace Pianka after Judge Andrew Klein read a cryptic message to jurors about the absence of a key witness.

"Virginia McIntyre was subpoenaed for this trial; was aware of the date; promised to appear and give testimony and failed to show. She can not be located," Klein said.

(Listen to an audio recording of Klein's statement.)

He also said that McIntyre's husband, Robert, is missing.

Pianka, 51, is on trial for killing her husband, Adam Kostewicz, April 15, 2006, after learning he was having an affair.

The defense has said all along that it was 47-year-old McIntyre who killed Kostewicz for financial gain.

But testimony by an insurance executive pointed out that the life insurance policy on 41-year-old Kostewicz, $806,000, was paid to his estate and is being held by the courts before distribution is made.

The jury will soon have to decide if McIntyre's appointment as a special administrator for the estate in August 2006 - because Kostewicz's parents live in Poland and speak no English and there was no one to manage his bills and assets - was because she was planning to defraud Kostewicz's estate.

The defense has not said if Pianka will take the stand.

Closing arguments could happen as early as Thursday, with the case then going to the jury.

If found guilty, Pianka could receive up to 22 years in prison.

 

More Pianka Trial coverage:

Jury in Pianka case finally hears from witness -- on tape (8/11)

Audio: 9-1-1 call (8/8)

Audio: Pianka interview with police (8/8)

Prosecution in Pianka trial wraps up case without witness (8/7)

Key witness in Pianka trial not expected to testify (8/6)

'Other woman' in Pianka murder trial fails to show (8/4)

Judge issues warrant for key witness in Pianka trial (8/4)

Murder case slowly unfolds (7/31)

Key witness refuses to appear at murder trial (7/31)

Local woman's murder trial underway (7/29)

Wife's murder trial to begin Tuesday (7/28)

Murder trial set to open Tuesday (7/25)

Foothills murder trial ready to begin (7/21)


See archived 'Top Story' stories »
 


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