Judge rules for defense in case of woman who allegedly killed husband

Prosecutors hoping to put Grace Pianka behind bars for the alleged murder of her husband received a blow Tuesday when a judge ruled that key statements made by the defendant couldn’t be used in court.

Pianka, 50, is charged with the second-degree murder of her husband, Adam Kostewicz, 41, in 2006 after she discovered he was having an affair and planning to leave. Police say that he returned to the couple’s home in the 16600 block of 30th Drive to get some clothes the night of April 15, 2006, when an argument broke out and neighbors say they saw Pianka speed away from the home.

Several hours later Kostewicz’s body was discovered by police after the other woman called, worried about his whereabouts.

The next day, Pianka was found in a fetal position by a Yavapi County deputy sheriff in Bagdad, Ariz., after a suicide attempt. According to sheriff’s reports, in the car was found a fired .38 shell casing, $5,125 in cash and a cashier’s check for $19,000.

At the Yavapai County Regional Medical Center Pianka was treated and spoke with a social worker, Carol Evan.

In the conversation, Pianka told Evans about learning of the other woman, Jen McIntyre of Gilbert, following her husband until he met up with her, and then going home and drinking wine and tequila. Pianka said when Kostewicz returned home the two fought. It’s not clear from court documents what else Pianka said while Evan was conducting her psychological evaluating.

Evan then told Phoenix police Detective Brian Hansen what Pianka had told her.

But Pianka’s defense team argued successfully that there was an implied confidentiality in the conversation because Evan is a master social worker, although she is licensed in Montana and not Arizona.

“The expectation (of confidentiality) of Miss Pianka is clear,” said Ulises Ferragut, one of her two attorneys.

Deputy County Attorney Cleve Lynch argued that because Evan wasn’t licensed in Arizona, there is no confidentiality to Pianka’s statements, but Klein disagreed.

“She believed she was about to embark on a privileged and confidential discussion with a social worker,” Klein said.

But he added that if Lynch could show that some of the facts surrounding the conversation were different than presented in court, he would reconsider.

The trial, which had been tentatively set to begin later this week, was continued until May 5 to give the defense time to finish interviewing witnesses.

Pianka remains in jail on $750,000 bond. If found guilty, she faces a maximum of 22 years in prison.