Team Infidel
Forum Spin Doctor
Washington Post
November 3, 2007
Pg. 2
Statements to Police, Items in Nowak's Car Excluded From Trial
By Peter Whoriskey, Washington Post Staff Writer
MIAMI, Nov. 2 -- Statements that former astronaut Lisa M. Nowak made after her arrest and incriminating items that investigators retrieved from her car, including the diapers she allegedly wore while driving from Houston to Orlando, may not be used by prosecutors at her trial because they were improperly obtained by police, a judge ruled Friday.
The ruling is a significant victory for Nowak, a Navy captain from Rockville who is charged with setting off in February on an meticulously planned 950-mile trip to confront her rival for the romantic attentions of fellow astronaut William A. Oefelein. Nowak is charged with attempted kidnapping, burglary with assault and misdemeanor battery.
Nowak, who police say was carrying a steel mallet, a buck knife and a BB gun when she was arrested, told police that "she was just going to scare" Air Force Capt. Colleen Shipman, according to the charging affidavit.
Nowak also said that if Shipman refused to talk with her, she "was going to use the BB gun to force Ms. Shipman to talk to her," the affidavit said.
The ruling by Orange County Circuit Judge Marc L. Lubet blocks those statements, made during a six-hour interview, from being presented to a jury. Prosecutors also lost the possibility of presenting items police found in her car, which could have substantiated their theory that Nowak had crafted an involved plan to drive from Houston and kidnap Shipman.
From the car, police had taken: an opened package for pepper spray, an unused CO2cartridge for a BB gun, six latex gloves, e-mails from Shipman to Oefelein, a letter indicating "how much Mrs. Nowak loved Mr. Oefelein," the used diapers and handwritten directions to Shipman's house, according to police.
Lubet wrote in his decision that he took into account Nowak's emotional and physical condition at the time of her arrest, the promises of help police made to Nowak in exchange for her comments, and their failure to clearly inform her of her constitutional rights and protections.
"It is incumbent upon this court that every citizen, whether a prince or a pauper, be treated equally," he wrote. "Unfortunately in this case those protections were not as thoroughly followed as the law demands."
Defense attorney Donald Lykkebak lauded the ruling, saying in a statement, "We are extremely pleased and gratified that Judge Lubet has granted the motions to suppress."
Prosecutors could not be reached Friday evening for comment on whether they will appeal. Although Lubet's order bars the use of the items found in the car as evidence, police say Nowak was carrying the mallet, knife and BB gun. Also, prosecutors still have Shipman's testimony about being accosted by Nowak at an Orlando airport parking lot with an eye-burning spray.
Shipman told police that after she landed at Orlando International Airport on Feb. 5, a woman she later identified as Nowak followed her to her car in the satellite parking lot, then asked for a ride.
After Nowak indicated she could not hear Shipman through the car window, Shipman rolled down her window two inches.
Nowak then sprayed something in her face that made her eyes burn, she told police. She drove away.
Police then saw a woman matching the description given by Shipman in the parking lot.
Nowak's trial is scheduled to begin March 12.
November 3, 2007
Pg. 2
Statements to Police, Items in Nowak's Car Excluded From Trial
By Peter Whoriskey, Washington Post Staff Writer
MIAMI, Nov. 2 -- Statements that former astronaut Lisa M. Nowak made after her arrest and incriminating items that investigators retrieved from her car, including the diapers she allegedly wore while driving from Houston to Orlando, may not be used by prosecutors at her trial because they were improperly obtained by police, a judge ruled Friday.
The ruling is a significant victory for Nowak, a Navy captain from Rockville who is charged with setting off in February on an meticulously planned 950-mile trip to confront her rival for the romantic attentions of fellow astronaut William A. Oefelein. Nowak is charged with attempted kidnapping, burglary with assault and misdemeanor battery.
Nowak, who police say was carrying a steel mallet, a buck knife and a BB gun when she was arrested, told police that "she was just going to scare" Air Force Capt. Colleen Shipman, according to the charging affidavit.
Nowak also said that if Shipman refused to talk with her, she "was going to use the BB gun to force Ms. Shipman to talk to her," the affidavit said.
The ruling by Orange County Circuit Judge Marc L. Lubet blocks those statements, made during a six-hour interview, from being presented to a jury. Prosecutors also lost the possibility of presenting items police found in her car, which could have substantiated their theory that Nowak had crafted an involved plan to drive from Houston and kidnap Shipman.
From the car, police had taken: an opened package for pepper spray, an unused CO2cartridge for a BB gun, six latex gloves, e-mails from Shipman to Oefelein, a letter indicating "how much Mrs. Nowak loved Mr. Oefelein," the used diapers and handwritten directions to Shipman's house, according to police.
Lubet wrote in his decision that he took into account Nowak's emotional and physical condition at the time of her arrest, the promises of help police made to Nowak in exchange for her comments, and their failure to clearly inform her of her constitutional rights and protections.
"It is incumbent upon this court that every citizen, whether a prince or a pauper, be treated equally," he wrote. "Unfortunately in this case those protections were not as thoroughly followed as the law demands."
Defense attorney Donald Lykkebak lauded the ruling, saying in a statement, "We are extremely pleased and gratified that Judge Lubet has granted the motions to suppress."
Prosecutors could not be reached Friday evening for comment on whether they will appeal. Although Lubet's order bars the use of the items found in the car as evidence, police say Nowak was carrying the mallet, knife and BB gun. Also, prosecutors still have Shipman's testimony about being accosted by Nowak at an Orlando airport parking lot with an eye-burning spray.
Shipman told police that after she landed at Orlando International Airport on Feb. 5, a woman she later identified as Nowak followed her to her car in the satellite parking lot, then asked for a ride.
After Nowak indicated she could not hear Shipman through the car window, Shipman rolled down her window two inches.
Nowak then sprayed something in her face that made her eyes burn, she told police. She drove away.
Police then saw a woman matching the description given by Shipman in the parking lot.
Nowak's trial is scheduled to begin March 12.