Jury in Pianka trial finally hears from witness -- on tape

After weeks of subtle hints and outright statements that the other woman killed Adam Kostewicz, the jury got to hear from her on Aug. 7 when a heavily edited recording of Virginia McIntyre's 911 call was played.

It was a strong wrap-up to the prosecution's case against Grace Pianka, charged with the second-degree murder of Kostewicz in 2006 after learning that he was having an affair with McIntyre.

The defense, which began its case late Monday, has said that it was McIntyre who shot and killed Kostewicz, for financial gain.

But the voice on the 911 tape sounded like a panicked woman who has seen the body of her lover through a bedroom window.

"I can see his body lying on the floor," the jury heard a breathless McIntyre tell the emergency operator.

"Please let him be alive. Oh my God, please God let him be alive," she can be heard saying at one point.

(Click here to listen to the tape.)

McIntyre told police she and Kostewicz were planning to leave their spouses and he returned home to Ahwatukee Foothills to collect his clothes. When he didn't return to the Mesa motel room the two were sharing she became concerned and went to his home in the 16600 block of South 30th Drive, where she said she saw his body lying in a puddle of blood through a bedroom window.

It was the only chance jurors had to hear McIntyre, who has been subpoenaed to testify for the state, but has refused to appear. Last week, Judge Andrew Klein issued a bench warrant but McIntyre and her husband Robert moved out of state and their whereabouts is unknown.

Under cross examination by one of Pianka's defense attorneys, case agent Detective Brian Hansen admitted that, according to phone records, McIntyre called Adam's cell phone less than one minute before she called 911.

Hansen also admitted under cross examination on Monday that by the time he tried to access all the voice mails on the cell phone's of Kostewicz and Pianka, most left by McIntyre, the messages had been deleted by the phone company, raising questions about what the messages might have revealed.

Along with hearing the words of McIntyre, the jury also heard from the defendant in the one and only interview she had with police.

In that tape recording Hansen can he heard reading Pianka her rights as she lay in a Yavapai Country hospital.

But before he can begin his interview she asks where Kostewicz is and if he is alright.

"Tell me if he's OK," Pianka asked several times.

The recording ended abruptly when Pianka declined to answer any more questions.

(Click here to listen to the interview.)

A neighbor saw Pianka speeding away from the home around the time of the shooting. But she wasn't found until the following day, in Yavapai County, passed out after attempting suicide.

The defense team, which started its defense of Pianka this week, has said all along that her reactions were normal for a woman who had no idea her husband was having an affair, but that she didn't kill Kostewicz.

"She didn't know what would happen to her life. This isn't a woman fleeing a murder; this is a woman fleeing her life," Deputy Public Defender Alicia Dominguez told the jury during opening statements two weeks ago.

More Pianka Trial coverage:

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)