Prosecution in Pianka trial wraps up case without witness

The prosecution in the murder trial of Grace Pianka was wrapping up its case against the defendant on Thursday without its star witness, the "other woman."

Pianka is on trial in Maricopa County Superior Court for the second-degree murder of her husband, Adam Kostewicz, after she discovered he was having an affair with Virginia McIntyre.

McIntyre was subpoenaed to testify as a material witness for the state, but has left Arizona and has so far eluded investigators despite a bench warrant issued on Monday for her appearance.

Even with that set-back, the prosecution presented a story of infidelity that ended in murder.

A neighbor who lived across the street from the couple, in the 16600 block of South 30th Drive, testified that sometime after 7 p.m. on April 15, 2006, he heard a smoke alarm. He walked outside just as Pianka pulled out of the garage crying and speeding away in her vehicle.

The following day, a Yavapai County Deputy Sheriff told the jury of six men and five women that he found Pianka passed out in Bagdad. In her purse he found a .38-caliber shell casing, the same caliber that was used to shoot Kostewicz four times, including once in the head.

While Deputy County Attorney Cleve Lynch has been laying out the state's case that Pianka learned her husband was having an affair, drank with a friend, and then quarreled with Kostewicz and shot him when he came home to collect his clothes, the defense has been busy raising questions.

Under cross examination it was revealed that the deputy sheriff in Bagdad accidentally put his police car keys into a bag labeled as containing the contents of Pianka's purse, a mistake that wasn't discovered for two years. And he volunteered that he carries a .38-caliber revolver as his duty weapon, raising the possibility that the shell casing could have accidentally ended up in the evidence bag.

When Kostewicz didn't return to the Mesa hotel he was sharing with McIntyre she became worried and went to his house. There she saw him through a bedroom window, laying in a puddle of blood, and she called police.

Under cross examination crime scene technicians admitted that McIntyre wasn't tested for the presence of gunshot residue until 3 a.m. April 16, hours after she found him and hours after any results could be expected, again planting the seed that McIntyre could have somehow been involved in the shooting.

On Thursday, a representative of the insurance company that insured Kostewicz testified that after his death McIntyre did inquire about the $806,000 life insurance policy, but that Pianka hadn't.

Lynch has called the case a tragedy.

"We're talking about people who made mistakes," he told the jury during opening statements on July 29.

But the defense has stuck to the idea that it was McIntyre who killed Kostewicz, for financial gain.

On Thursday, Lynch blew a small hole in that theory when the insurance representative, Dan Francoeur, told the jury that the full $806,000 was paid to Kostewicz's estate and is being held by the court, which will decide how it is distributed, and that McIntyre couldn't benefit unless the court approved it.

The trial continued at press time with the playing of the 911 phone call made by McIntyre when she discovered Kostewicz and testimony by Brian Hansen, the lead detective.

The defense is expected to lay out its case starting Monday.

More Pianka Trial coverage:

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

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)

Audio: Pianka interview with police (8/8)