Evidence Tossed Against Jilted Astronaut

Judge Says Police Coerced Information From Lisa Nowak, Illegally Searched Car

(CBS/AP)  A judge threw out evidence Friday in the bizarre case of a former astronaut accused of attacking a romantic rival, saying that police coerced the woman into giving information in a lengthy arrest interview.

Orange County Circuit Judge Marc L. Lubet threw out police interviews and evidence gathered in a search of Lisa Nowak's car.

He said investigators took advantage of the astronaut, who had not slept for more than 24 hours before the alleged airport attack of a rival for a fellow astronaut's affections. The case prompted international headlines in February.

Police Detective Chris Becton answered evasively when Nowak asked about an attorney, and had not read her her legal rights before he started questioning, Lubet said.

"Detective Becton failed to answer defendant's question regarding whether she needed an attorney in a truthful and straightforward manner," Lubet wrote.

"He made threats and used coercive psychological techniques," Lubet wrote of Becton's more than six-hour jailhouse interview.

Becton testified at pretrial hearings that Nowak was hardly a sleep-deprived, confused suspect. He characterized Nowak as a cunning suspect who bargained with information in an interview similar to a "chess match."

Lubet's order was entered late Friday, prosecutors did not immediately responded to requests for comment.

In a statement, Nowak lawyer Don Lykkebak said, "We are extremely pleased and gratified that Judge Lubet has granted the motions to supress both Lisa Nowak's statement and the evidence taken from her car last February.

"Judge Lubet's learned order explains clearly why the statement and evidence was illegally obtained when he states that 'whether a prince or pauper' the constitution protects everyone equally," Lykkebak said.

Nowak was arrested after allegedly confronting Colleen Shipman, the girlfriend of former space shuttle pilot Bill Oefelein. Authorities say Nowak drover all night from Houston, stalked Shipman at the Orlando airport and tried to get into her car, then attacked her with pepper spray. Shipman was able to drive away.

Nowak's BMW was parked at an airport-area hotel. The search yielded maps to Shipman's home, large garbage bags, latex gloves, a list with Oefelein's computer passwords, e-mails between Shipman and Oefelein and a handwritten letter to Oefelein's mother believed to be from Nowak.

Also in the car was a receipt for a hotel in Defuniak Springs under a different name - Linda Turner - and the diapers that provided one of the case's more bizarre allegations.

Becton noted them in his report but never entered the diapers into state's evidence. Nowak's defense steadfastly denies she ever wore or urinated in them to avoid stopping, but Becton said he found two soiled diapers that Nowak told him she used on the 1,000-mile drive from Houston.

Lubet's ruling was a big win for the defense, but it did not extend to items seized from the duffel bag Nowak was carrying - a steel mallet, buck knife, BB gun resembling a real 9mm handgun, gloves and rubber tubing.

Nowak's trial is scheduled to begin April 7, and her attorney, Donald Lykkebak, is expected to use a temporary insanity defense. In court papers to that effect, Lykkebak said Nowak suffered from major depression, obsessive-compulsive disorder, insomnia and "brief psychotic disorder with marked stressors.

[excelsior9]

What are police suppose to do now. Make sure a suspect has at least 8 hrs of sleep before an arrest? What if they are on meth? They might not sleep for days. If police would have waited to interview her they would say the held her to long before questioning. As far as coercive interview techniques, what cop doesnt use those techniques, which are perfectly legal. I think they just feel sorry for an X woman astronaut. Thats all. Of course she is fairly famous so the cops are on trial now. If it were Mary Jane Nobody the judge would not have made the same judgement.

[a8151947]

GOOD

[a8151947]

In your front yard

[incog-nito]

You can''t get a conviction in America anymore, unless somebody is already dead.

[tnt1954]

men for piece go to peace marches to get a piece.
boy are these piece marches hotter than the sun.
when landing on the sun, be sure and be dressed
in asbestos. they really like getting into
the sun. sunny crockett said so. now that the
making of the sun has occurred they''d rather
have daughters. whose daughter will they march
into tonight. it''s friday night again. time
for the score to be made. women 6 billion,
men 6 billion, seemed tied at this point.
men send for more women from another galaxy.
turn up their noses at them, because the men
are jealous and shy. besides the men on earth
didn''t take the right enlargement pill. the men
in that galaxy have the kind that make you
50 feet long. and earthwomen say awww.

[tnt1954]

procedural error, illegal female player downfield.
wrong procedure used in the huddle. offsides.
penalty five yards. female football players
do it with a kick to the balls.

[sharncedar]

You can''''t get a conviction in America anymore, unless somebody is already dead.

Posted by incog-nito at 09:42 PM : Nov 02, 2007

Actually the conviction rate is something like 90-95%. It is only rich people with lawyers who get off, since they are the ones in the news, you get the perception that people are getting off. The average joe doesn''t have a chance in the courtroom, whether or not they are guilty.

[zootallures2]

The whole NASA should be arrested.
So how did that tiny LM rocket get that thing off the moon and into high speed orbit?

[zootallures2]

How much did the tax payers have to pay for that diaper?

[deborahcox05]

I totally agree with SharnCedar. In this country you are guilty unless you can prove yourself innocent. The police don''t have to have ANY evidence to arrest you. Take a look at the definition of "probably cause." And a jury will convict because they think the police would not have arrested you, if they didn''t have anything.

Welcome to the United States of Arrest!

[jowand]

diapers?? Wow, if She was a man, he would have to
be a neoc0n jesus freak republican f.a.g.ot.
Posted by usmcvn at 11:23 PM : Nov 02, 2007

Naw she''s a Progressive Mr. Usm"Potty Mouth"cvn.

[jowand]

Welcome to the United States of Arrest!

Posted by DeborahCox05 at 08:50 AM : Nov 03, 2007

It beats the United States of Euruopeeing any day.

[sblake63]

If there ever was a case for God''s justice is this lady LOL. because most done seen to care anymore, the most overlooked factor in this case is this idiot was cheating on her husband (she was still married). She thought she could use her wit to come up with a plan to rescue a love she should have never had. While God lets us pay terrible prices for our own mistakes, the door is always open for forgiveness (if she asks).

No matter what you do in private, it will be exposed and you pay the price - she did almost immediately. Others think they are getting off but somebody is going to expose you sooner or later.

[sblake63]

diapers?? Wow, if She was a man, he would have to
be a neoc0n jesus freak republican f.a.g.ot.


Posted by usmcvn at 11:23 PM : Nov 02, 2007
_________________________________

Lmao at these retards using the word Jesus freak. The word "freak" implying that anybody who follows Christ is a freak because they are "rare" in numbers. Look up some stats ****. The mega churches are exploding with members. The so called "main line" churches where the "lite" version of Christianity is preached are losing members to the more conservative churches.

Your a dying breed usmcvn. WE are here now and in your face? Dont like Conservatism? Leave America.

Your way of thinking is the reason the Lisa Nowak''s of the world think they can get away with anything.

[mcvet]

Your a dying breed usmcvn. WE are here now and in your face? Dont like Conservatism? Leave America.

Your way of thinking is the reason the Lisa Nowak''''s of the world think they can get away with anything.


Posted by sblake63 at 10:29 AM : Nov 03, 2007
+ report abuse

Why do you fascist want everyone who doesn''t agree with you to LEAVE America? Didn''t your hero, you know the guy you Con''s supported over England in 1940, didn''t he try that with those who didn''t agree with him. If you knew anything about HISTORY you''d know it was LIBERALS who created this nation and it was Con''s who, after the King was defeated, lined up to get into Canada. They loved that King... just like today! By the way the Bill of Rights was written to protect the MINORITY from the MAJORITY Swastika Breath. Sieg Heil Bush!! Come on you 700 Club FREAK... get out that Hood and Sheet there... now sing it out!! Sieg Heil Grand Wizard!! Sieg Heil!! Good little Nazi!!

[dowjones20k]

I wonder how the so called founding "liberals" would react to how our society has imploded today .. I don''t imagine they would be too happy with the results.

If one takes seriously our plight .. our media (so called journalists) have no clue as to how to write a truthful, informative & non-agenda oriented report ..

When celebrities are more important than illegal immigrants, foreign languages on voting ballots & drivers licenses, the blatant ripping off of America, crooked pols given hand slaps and how the judicial branch is disembowling our society with activist judges .. we are doomed ..

My America will be a third world country in a few decades .. it is well on it''s way, it may not come to frutition in my lifetime, but if our citizens do not capitualte, my country, my children & grandchildren will be DOOMED...

This gal is a kook .. plain & simple .. she should be discharged from the military and she should GO AWAY.


There are much more important issues to be discussed
than this jilted nutcase.

[a8151947]

I see we all belive in the US Constitution.

[duffyn]

It''s nice to see someone can pass judgement on someone from reading a newspaper article. Also, nice to see our constitution being followed and an individual''s rights being protected! Yea Team! There''s still plenty of evidence there. Believe me, you don''t want a police force with no rules. That''s called a gang.

[sendreidpelo]

Dowjones,

Simply wonderful. I couldn''t have said it better myself.

[sendreidpelo]

Mcvet and "us"mcvn are the same pathetic frootcake bozos who always spew their hate of country, and always have to bring up Bush to try and absolve themselves of their own moral and ethical shortcomings.

They always spew ga-ye stuff in referring to Republicans forgotting that the MoveOn.Org party has constantly pandered to that element.(are you, little boys - sounds like you have a fetish about Craig...I hear Brenda, aka Barney Frank''s still available)

Heck, I don''t even believe anymore that two infantile sorts like them ever even served in our military. Possibly the Viet Cong or the Iraqi Republican Guards, but certainly no U.S. unit.

Unless they were in the brig from day one.

The two of you deserve Lisa Nowak. Except you wouldn''t know what to do with her.

[cepe10-2009]

Glad the judge puts scum bag police detective Chris Becton in his place....

so much for due process and rights in America with thugs like this running around intentionally breaking the rules.