Nowak Could Face Naval Court Martial For Adultery

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Orlando Sentinel
February 7, 2007
By Michael Cabbage, Sentinel Staff Writer
Lisa Marie Nowak could face serious legal trouble aside from the charges leveled against her in Orange County criminal court.
As an active-duty Navy captain, Nowak is subject to the Uniform Code of Military Justice. Navy authorities could claim jurisdiction and court-martial Nowak for conduct unbecoming an officer.
Experts, however, say that is unlikely. Usually, the Navy defers to civilian authorities in cases such as these and takes action after the legal process has run its course. A conviction on attempted murder charges almost certainly would mean a discharge from the Navy.
"I would be very surprised if the Navy gets involved in this," said James Klimaski, a Washington, D.C., attorney specializing in military law. "They'll probably wait until this is over, then administratively handle the matter."
Offenses, such as adultery, also are punishable under military law. Nowak, a married mother of three, could be subject to sanctions if she is found to have had an extramarital affair. However, Klimaski said, adultery is seldom prosecuted by military authorities these days even though the offense remains on the books.
Astronaut Bill Oefelein, reportedly the object of Nowak's affection, is a divorced Navy commander and also would be subject to punishment for any offenses under the Uniform Code of Military Justice.
 
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