Ex-Astronaut Aims to Get Statement Tossed Out

An attorney for accused criminal and former NASA astronaut Lisa Nowak, along with an assistant attorney general for the state, appeared before a three-person district appeals court panel in Orlando this morning.

The pair were arguing whether statements that Nowak made the morning of her arrest, along with evidence found in her car, should be allowed in her trial.

A judge ruled late last year that Nowak was not properly read her Miranda rights and that she was coerced into leading detectives to her car, where they found maps leading from Houston to Orlando International Airport, along with directions to victim Colleen Shipman's home in Cape Canaveral.

Judge Richard Orfinger asked the state if it was important for Nowak to not only understand her rights but to knowingly wave them.

Assistant Attorney General Kellie Nielan said, "I think it's clear that she knew she had a right to an attorney."

No action was taken this morning, and it's unclear how long it will take the panel to make a decision. Judge Alan Lawson siad, "I don't see in your additional brief how the trial judge erred."

As far as evidence found in Nowak's car, several of the attorneys pointed out any good detective would have found her car without her help because they had a brochure from the La Quinta Inn, where Nowak had left her car along with her car keys.

Nowak's attorney Donald Lykkebak said the judges should uphold the decision by trial Judge Marc Lubet to keep the statement and evidence found in her car out of the trial. He said "the statement is an involuntary statement," and he said "for detective (Chris) Becton to get to where it (the car) was he had to get there through the interrogation."

Earlier story:

Former astronaut Lisa Nowak won't be in court this morning, when her attorney argues to keep her statement to police and items found in her car off-limits at her trial.

At 9 a.m., Florida's 5th District Court of Appeal will hear arguments about the case, in which Nowak allegedly tried to attack a love rival.

Authorities say Nowak drove from Houston to Orlando International Airport the weekend of Feb. 5, 2007, to confront Air Force Capt. Colleen Shipman about their mutual love interest, former astronaut Bill Oefelein.

In the disputed statement, Nowak admitted to police that she pepper-sprayed Shipman in the Blue Lot because she "just wanted to talk to her." She was wearing a trench coat, a short-hair wig and glasses.

Nowak was arrested minutes after the incident at a nearby Blue Lot bus stop.

Circuit Court Judge Marc Lubet threw out Nowak's statement to police and evidence from her blue BMW last November, when he ruled that police had not properly read Nowak her Miranda rights. He also stated that she was coerced into allowing police to search her car, where they found maps to guide her from Texas to Orlando International Airport and to the Cape Canaveral home of her love rival, Shipman.

NASA fired Nowak and Oefelein shortly afterward, and revamped its psychological screenings for potential astronauts.

The criminal case is on hold until the appeals court makes its decision.

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