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Nowak Romantic Rival To Be Redeposed

Former Astronaut's Attorney Can Question Colleen Shipman Again

POSTED: Wednesday, October 7, 2009
UPDATED: 7:22 pm EDT October 7, 2009

The romantic rival who has accused Lisa Nowak of attacking her in an airport parking lot two years ago will be questioned again by the former astronaut's attorneys to determine if she was touched by pepper spray during the confrontation.

An Orlando judge ruled on Wednesday that Nowak's attorneys could depose Colleen Shipman for a second time -- but only about an emergency technicians report uncovered by Nowak's attorney that questions whether Nowak was "directly" pepper-sprayed.

"Whether or not there was pepper spray that hit the alleged victim Colleen Shipman is basically the lynchpin of the case," Nowak's attorney Donald Lykkebak said.

The issue is important because Nowak's attorneys want one of her criminal charges thrown out if Shipman wasn't harmed by the pepper spray. Nowak wasn't in court for Wednesday's hearing.

Orlando police Detective Chris Becton and two other OPD witnesses can also be requestioned about the EMT report by Nowak's attorney.

The judge will also allow Nowak's attorney to subpoena the Orlando police case file to ensure there are no other documents of interest.

The judge ordered that the new depositions be completed by Dec. 1. The judge said he wants a jury chosen in the case by Dec. 7.

Nowak drove from Houston to Orlando International Airport Feb. 3 and 4, 2007. Video from the airport terminal shows she dressed in a disguise and followed romantic rival Colleen Shipman throughout the airport as Shipman waited for her luggage to arrive. In the early morning of Feb. 5, police said Nowak boarded a bus to the Blue Parking Lot with Shipman, followed Shipman to her car and allegedly attacked her with pepper-spray after Shipman would not let her into her car.

She told police she "just wanted to talk to" Shipman about their mutual love interest, former astronaut and U.S. Navy Cmdr. William Oefelein.

At the time, Shipman was a Air Force captain stationed at Patrick Air Force Base. She told police in her original statement and in a follow-up statement that Nowak squirted the pepper-spray into her silver Saturn as Nowak begged to get into the car.

"I was gonna start to call 911 for her, because she really looked freaked out," Shipman told investigators. "... when I looked back up at her, she started spraying me with something."

When an investigator asked Shipman whether the spray got into her eyes, she answered, "I don't think it actually hit my eyeball."

Before paramedics arrived, a parking lot attendant gave Shipman a wet paper towel to wipe her eyes, which Shipman told her were burning.

Nowak is charged with attempted kidnapping, battery and attempted burglary of a car with assault.

Nowak and Oefelein were both fired by NASA after the incident. Shipman and Oefelein have both retired from the military and live together in Alaska. Nowak remains a captain in the Navy and serves at Corpus Christi Naval Air Station. She lives with her three children in Houston.

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