'Other woman' in Pianka murder trial fails to show

Virginia McIntyre, the "other woman" who defense attorneys say killed Adam Kostewicz, didn't show up to testify Monday in the Grace Pianka murder trial.

Judge Andrew Klein issued a warrant for McIntyre's arrest, along with a $100,000 bond, so that if she is found the court will have leverage in keeping her from skipping town again.

"I am convinced that a bench warrant needs to be issued to compel Ms. McIntyre to appear and testify," said Judge Andrew Klein Monday.

Last week, Deputy County Attorney Cleve Lynch said McIntyre had sent an e-mail from an undisclosed, out-of-state location saying she could not return to Phoenix and testify because it would be too stressful. McIntyre had been scheduled to appear in court last week but, because of the e-mail, had her court date pushed back until Monday.

"Hopefully it's a misunderstanding," said Lynch last week about the message from McIntyre.

To say that McIntrye is a key witness is an understatement. The prosecution believes her testimony will show that it was Pianka who lost it after learning of her husband's affair, while the defense told jurors that it was McIntyre, not Pianka, who allegedly killed Kostewicz because she aimed to gain financial control of his estate.

Earlier testimony alleged that McIntrye and her husband do owe the Internal Revenue Service more than $400,000 in back taxes.

The prosecution has said that McIntyre's testimony is key because she was the one who discovered Kostewicz dead when he didn't return to the hotel room the couple shared. McIntyre told police she feared for Kostewicz and went to his home in the 16600 block of South 30th Drive in Ahwatukee Foothills and saw him on the floor through a bedroom window.

Pianka is on trial for the second degree murder of her husband in April of 2006.

Although McIntrye was a no-show, a friend of Pianka's, Cynthia Levario, did testify Monday. Levario said that when her best friend learned of the affair between Kostewicz and McIntrye she was dazed and confused. The friend told the court that it was her idea for Pianka to empty the joint account the couple had at Wells Fargo at 48th Street and Ray Road and open up her own account at nearby Washington Mutual.

While the prosecution used that as evidence that Pianka killed her husband, the defense said it was simply a common-sense response by any wife to the revelation that her husband was cheating on her.

Pianka was found in Bagdad, Ariz., with a $19,000 cashiers check the day after the murder. In court testimony last week, Pianka was said to have tried an unsuccessful suicide attempt leaving behind money and a note for a relative.

However, part of Levario's testimony was intended to show that Pianka did not kill her husband. The best friend told jurors Monday that her friend called her while in the hospital and asked, "Where's Adam?"

With no testimony planned for Tuesday because of scheduling issues with attorneys, the trial is expected to continue Wednesday.

 More Pianka Trial coverage:

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)