An attorney
for former astronaut Lisa Nowak filed a motion Monday in Orange-Osceola Circuit
Court, seeking sanctions against the state for failing to turn over evidence.
On Feb. 5, 2007, Colleen
Shipman accused
Nowak of stalking her at Orlando International Airport, following her to
her car, and then squirting pepper-spray inside the car as she tried to get
into the car. Both women were vying for the affections of then-astronaut
William Oefelein.
The evidence in question is
a report by Greater Orlando Aviation Authority emergency response workers, in
which a paramedic states that Shipman "denied any direct contact with the
pepper spray and was not experiencing any burning sensations or any medical
problems."
Nowak's attorney, Donald
Lykkebak, complained that this information has been known to the prosecution
for more than two years, but the prosecution failed to give him a copy.
"The police made a
mountain out of a molehill in this case, and now we have learned there was
never a molehill to start with," Lykkebak said. "It is also clear
that the State (either directly or constructively) had possession or control of
the evidence that tends to negate the guilt of the defense, but failed to
comply with the rules in mandatorily disclosing it to the defense."
"I was gonna start to
call 9-1-1 for her, 'cause she really looked freaked out," Shipman told
investigators, "I was looking down to plug my phone in, 'cause it really
was dying, and when I looked back up at her, she started spraying me with
something."
When an investigator asked
Shipman if the spray got into her eyes, she answered, "I don't think it
actually hit my eyeball."
After that, Shipman drove
to the exit lane, where an attendant gave her wet paper towels to wipe her
eyes. She also complained of a burning sensation on her skin.
Nowak was charged with
attempted kidnapping, battery and attempted burglary with assault.
Nowak and Oefelein both were fired
by NASA following the incident.
Randy Means, a spokesman
for the Orange-Osceola State Attorney's Office, said motions arguing that
prosecutors failed to turn over discovery are common and often unsuccessful.
He did not comment on the
motion's specifics, saying his office will argue its case in court.
Shipman's attorney, Kepler
Funk, said Monday he had just received the six-page motion, and did not want to
comment until he had read all of it and talked with Shipman.
No hearing has been set on
the motion.
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