Evidence Thrown Out In Ex-Astronaut's Case
  Lisa Nowak Testifies Aug. 24, 2007 |
HOUSTON -- The confession and evidence of a former Astronaut accused of attempted kidnapping will not be allowed in court.
Orange County, Fla., Circuit Judge Marc Lubet ruled Friday that the evidence taken from Lisa Nowak's vehicle be thrown out, as well as her jailhouse conversation with an Orlando police detective.
The judge said the actions of the Orlando police detective led to his decision.
The judge said the detective failed to answer Nowak's question about the need for a lawyer in a simple and straightforward manner.
Lubet also said Nowak did not waive her Miranda rights in writing.
Nowak, 44, is accused of driving nearly 1,000 miles from Houston to Orlando to confront her romantic rival, Colleen Shipman.
Shipman was dating Nowak's ex-boyfriend, then-astronaut Bill Oefelein.
The investigator claimed Nowak said she wore diapers to avoid stopping during the trip. She was arrested at the Orlando International Airport after confronting Shipman.
The diapers and everything else found in Nowak's car will not be allowed as evidence in the case because police did not get Nowak's permission before searching her car. Officers said they found a hammer, BB gun and a knife.
Nowak is charged with attempted kidnapping, burglary, assault and misdemeanor battery.
If convicted, she could face up to life in prison.
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