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Nowak's Statements Not Allowed At Trial

Former Astronaut Charged With Attempted Kidnapping

POSTED: Friday, December 5, 2008
UPDATED: 1:42 pm EST December 5, 2008

Physical evidence found in the vehicle of a former astronaut accused of attempting to kidnap a romantic rival at Orlando International Airport in 2007 will be allowed at her trial, but her statements to police will not, a Florida appeals court ruled.
READ: Court Ruling
VIDEO: Statements Tossed

The Fifth District Court of Appeal released a statement on Friday, saying:

"The State of Florida appeals an order suppressing statements made by defendant Lisa Marie Nowak to police, along with evidence obtained from a search of Nowak's vehicle. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(B). We affirm the suppression of Nowak's statements, but reverse suppression of the physical evidence."

Nowak is charged with attempted kidnapping, battery and attempted burglary with assault. Authorities said Nowak drove from Houston to OIA the weekend of Feb. 5, 2007, to confront Air Force Capt. Colleen Shipman about their mutual love interest, former astronaut Bill Oefelein. Shipman was returning from a trip to visit Oefelein.

In a statement to police, Nowak said she used pepper spray on Shipman in the parking lot because she "just wanted to talk to her."

Nowak was wearing what police described as a disguise -- a trench coat, a short wig and glasses -- which was later found in a trash can near where Nowak was taken into custody.

Police also retrieved a duffel bag from Nowak that contained a rubber mallet, a BB pistol, a 4-inch hunting knife, surgical tubing and garbage bags. That evidence is not in question.

Trial Judge Marc Lubet ruled late last year that Orlando police Detective Chris Becton did not properly read Nowak her Miranda rights and that Becton tricked her into leading police to her car, Local 6 News partner Florida Today reported.

Inside Nowak's car, Becton found maps from Houston to Orlando International Airport and directions to Shipman's home in Cape Canaveral. Records of those map searches also were found on Nowak's work computer.

The state filed an appeal in January, arguing that Lubet's decision was wrong.

Concerning evidence found in Nowak's car, two of the judges said that any good detective would have found her blue BMW without her help because police had a brochure from the La Quinta Inn, where Nowak had left her car, along with her keys.

The judges questioned both attorneys about The Carroll Doctrine, a legal principle that allows police officers to search a car without a warrant if there is "reasonable suspicion" of criminal activity.

Becton has testified that he thought Nowak had traveled to Orlando to kill Shipman. An attempted murder charge against Nowak was dropped last year.

NASA fired Nowak and Oefelein last year shortly after the incident and revamped its psychological screenings for potential astronauts.

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