Lawyers forthe state and for former astronaut Lisa Nowak are gearing up for a day of legalwrangling on Oct. 21, when Florida's 5th District Court of Appeal will heararguments about Nowak's statement to police and evidence found in her car.
Circuit Court Judge MarcLubet threw outthe statement and evidence in November, when he ruled that police had notproperly read Nowak her Miranda rights.
In addition, police saidthey found used, toddler-sized diapers in the car, adding that Nowak told themshe used them so she wouldn't have to stop on her 975-mile journey to Florida.Her attorney hasdenied that.
In the disputed statement,Nowak admitted to police that shepepper-sprayed Shipman in the Blue Lot because she "just wanted totalk to her." She was wearing a trench coat, short-hair wig and glasses,and carried a duffel bag filled with a mallet, latex gloves, BB pistol, huntingknife and rubber surgical tubing, according to statements made to police.
Nowak's criminal case is onhold until the appeals court makes its decision.
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