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Evidence Delay May Postpone Nowak Trial

Former Astronaut Not At Hearing

POSTED: Friday, May 4, 2007
UPDATED: 1:14 pm EDT May 4, 2007

Attorneys for embattled former astronaut Lisa Nowak will have more time to prepare their case because the state has been slow to turn over crucial evidence in the case.

During a hearing on Friday, Circuit Judge Marc J. Lubet gave the defense 60 days from the time prosecutors turn over an edited transcript of Nowak's interview with police after being arrested to file their notices. This will likely delay the start of the trial, Local 6 News partner Florida Today reported.

"The state was charged with getting an improved copy of the tape to me and giving me an improved transcript, and a month has passed and I still do not have them," Nowak’s attorney Don Lykkebak said. "They realize the significance to me and the significance to them."

Nowak, a former NASA astronaut, faces life in prison stemming from an alleged attack earlier this year on a romantic rival at Orlando International Airport. She was charged with attempting to kidnap U.S. Air Force Captain Colleen Shipman.

Court documents revealed that Nowak and Shipman were both romantically linked to fellow astronaut William Oefelein. The highly publicized case took on a bizarre twist when it was revealed that Nowak wore adult-sized diapers as she drove from Houston to Orlando in February in order to minimize stopping before meeting Shipman.

Nowak was released on bail, pleaded "not guilty" to the charges and has been ordered to keep away from Shipman. Nowak is presently in Texas.

Lykkebak also complained that a videotape of Nowak during her first few hours in a holding cell is interrupted by PBS programming. He has asked the state to provide a new tape.

Assistant State Attorney Pamela Davis offered no explanation for the delay but did not object to Lykkebak's request of an additional 60 days from the time of receiving the tape before he is forced to file motions in the case.

"OK, you will have 60 days to file your notice of claiming insanity or alibi or whatever you are planning," Lubet said.

Watch Local 6 News for more on this story.

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