Jury continues to deliberate in murder trial

A jury continued to deliberate in the trial of Grace Pianka, the 51-year-old accused of shooting and killing her husband in 2006 after learning he was having an affair and planning to leave.

The jury got the case late Aug. 14 and spent Friday and Monday deliberating.

They were expected back Tuesday morning to continue deliberations.

As in all trials, the question is who the jury will believe.

The state presented a case that showed Pianka and her husband Adam Kostewicz were home alone April 15, 2006, as he collected clothing in preparations of moving out. Around 7:15 p.m. a neighbor saw Pianka crying and driving away at a high rate of speed as the smoke alarm was beeping. The evidence showed that she left in such a hurry she didn't bother to put on shoes and that she left her cell phone behind in the kitchen. Pianka was found the next day after attempting suicide in Yavapai County with a spent .38-caliber shell in her purse.

But the defense argued that it could have been the other woman, Virginia McIntyre, who allegedly killed Kostewicz. They pointed to errors in the investigation that included not retrieving phone messages before they expired and how evidence from Pianka's bag was contaminated with a Yavapai County deputy sheriff's keys and possibly the spent shell casing.

They also stressed that McIntyre was the one who called police around 9 p.m. worried that Kostewicz hadn't returned to the motel the two were sharing in Mesa, then called again at 9:30 p.m. and finally drove over and discovered his body while looking in a bedroom window. The defenses claim was that McIntyre could have quarreled with Kostewicz, allegedly shot him, then staged the crime scene before returning to Mesa to call police.

McIntyre's credibility took a hit early in the trial when she refused to appear and testify in the court, despite a bench warrant being issued for her arrest.

In his instructions to the jury, Judge Andrew Klein said last week that the burden of proof, to find Pianka guilty of killing Kostewicz, is beyond a "reasonable doubt," but that there are few things in the world that people know with absolute certainty.

"And in criminal cases the law does not require proof that overcomes every doubt," Klein said.

Pianka is charged with second-degree murder, which carries a maximum of 22 years in prison, but the jury has the option of finding her guilty of a lesser charge of manslaughter, which carries a sentence of between four and 21 years, if they believe she killed her husband, but in the heat of passion while quarreling and due to reckless conduct.

To learn the latest in the case, visit www.ahwatukee.com for updates.

More Pianka Trial coverage:

Jury begins deliberations in Pianka trial (8/14)

Pianka testifies in own murder trial: 'I loved him' (8/12)

Prosecution rests in murder case Tuesday morning (8/12)

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)