Nowak Defense Wants Evidence Withheld
Defense Says Jury Should Not Hear About Diapers In Ex-Astronaut's Car
POSTED: Wednesday, October 14, 2009
UPDATED: 7:17 pm EDT October 14,
2009
ORLANDO, Fla. -- With her attempted kidnapping trial scheduled to begin in a few weeks, former astronaut Lisa Nowak is demanding that some evidence be kept from the jury.
Among the evidence is the infamous diapers found in Nowak's car, as well as weapons, receipts and directions to the alleged victim's Brevard County home.
Detectives never seized the toddler-sized diapers they said they found in Lisa Nowak's car, nor did they photograph the diapers. Nowak has acknowledged that she relieved herself in her child's diaper while evacuating from a hurricane years earlier, but her attorney is arguing that the diapers have nothing to do with the alleged attack on romantic rival Colleen Shipman, and should not be mentioned to a jury.
Prosecutors said Orlando International Airport surveillance video showed Nowak dressed in a wig and trench coat as she stalked Shipman through the terminal.
Nowak's defense said it does not have a problem with jurors seeing the trench coat and wig recovered as evidence, but it does not believe the jury should be told about other items seized by detectives.
Those other items include a BB gun found in the airport parking lot where the prosecution said Nowak pepper-sprayed Shipman, as well as a duffel bag containing a steel mallet, a folding knife with a 4-inch blade, several feet of rubber tubing, some large plastic bags and about $600 in cash.
Nowak does not believe a jury is entitled to see those items or the items found inside her car parked at a hotel several miles away, including a pepper spray package, an unused BB gun carbon dioxide cartridge, rubber gloves, receipts from Nowak's trip from Houston to Orlando and handwritten directions to Shipman's Brevard County home.
Investigators said they believe those weapons and other evidence suggest Nowak was planning to kidnap Shipman, but in a newly filed motion, the defense pointed out that "none of the items were seen by Ms. Shipman at the time of the alleged crime and none were used in its commission. They are, therefore, irrelevant."
Previous Stories: - October 7, 2009: Nowak Romantic Rival To Be Redeposed
- September 23, 2009: Nowak Defense Wants Charge Dismissed
- September 19, 2007: Lawyer: Nowak Car Search Illegal
- September 12, 2007: Judge Delays Lisa Nowak Trial
- August 24, 2007: Detective Questioned Nowak About Used Diapers
- June 29, 2007: Attorney: Nowak Didn't Wear Diapers
- May 11, 2007: Police: Video Shows Nowak At OIA
- March 7, 2007: NASA Dismisses Lovelorn Astronaut
- March 6, 2007: 'Steamy' E-Mails Shed Light On Astronaut Case
- March 2, 2007: Prosecutors Don't File Attempted Murder Charge Against Astronaut
- March 1, 2007: NASA Chief: We Didn't Notice Nowak's Condition
- February 7, 2007: Astronaut Nowak Shows Face, Prepares For Examination In Texas
- February 6, 2007: Astronaut Faces Attempted First-Degree Murder Charge
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