An appeals court has ruled that statements made to police by former astronaut Lisa Nowak's during a six-hour interview after her arrest cannot be used at her trial, but items found in her car can be used. Nowak is facing charges of attempted kidnapping, battery and burglary with assault against her romantic rival Air Force Capt. Colleen Shipman.Nowak was arrested in February 2007 after making a 1,000-mile trip from Houston to the Orlando International Airport to confront Shipman.
The appeals court's ruling upheld a lower court's ruling on the statement Nowak made to police but overturned a ruling that threw out the evidence found in her car.
"The trial court applied the correct legal standards in determining that Nowak neither waived her Miranda rights, nor voluntarily spoke with police," the appeals panel ruled. "Consequently, the state cannot use the statements that Nowak made during her custodial interview with police as part of its direct case."
Diapers, Gloves and BB Gun
But the court said the lower court erred by not allowing evidence found in Nowak's vehicle to be used at trial, including diapers, maps, latex gloves, a knife, mallet and BB gun that looked like a real gun.
Prosecutors say that Nowak went to the airport to confront Shipman and tried to get into her car. She sprayed her with pepper spray in an attempt to kidnap her. Both women had a relationship with former space shuttle pilot Bill Oefelein, authorities said.[p] Nowak as pleaded not guilty to the charges. No date has been set for her trial.
See Also:
Court OKs Diaper Evidence at Ex-Astronaut's Trial
Background:
The Lisa Nowak Case
Forum:
Discuss The Nowak Case
Photo: Mug Shot
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