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October 20, 2008

Appeals court to consider ruling in astronaut case

Posted: 02:34 PM ET

NEW YORK—The criminal case involving former NASA astronaut Lisa Nowak heads back to a Florida court on Tuesday. This time, justices from the Fifth District Court of Appeal in Daytona Beach will hear oral arguments on what may determine the future of this case.

Lisa Nowak is escorted to a court appearance in February, 2007

Last November, following two extensive hearings, the Ninth Judicial Circuit Court suppressed admissions Nowak made during her almost six-hour interrogation by an Orlando Police Department detective. The court also suppressed evidence they determined was obtained from an unlawful search of her car.

Nowak was charged in February 2007 with burglary of a conveyance with an assault or battery and attempted kidnapping with intent to inflict bodily harm or terrorize, and battery, after driving from her home in Houston to Orlando to confront a woman she believed was her competition for her romantic interest, former astronaut Bill Oefelein.

According to legal documents, Nowak, dressed in a trench coat and wig, approached U.S. Air Force Captain Colleen Shipman in baggage claim at the Orlando International Airport and followed Shipman to her car. Once there, Nowak admitted to investigators she sprayed a type of pepper spray into Shipman’s car.

Following the interrogation, police searched Nowak’s car, finding, among other things, diapers she allegedly wore during the trip, opened packages for pepper spray and a buck knife, along with a map to Shipman’s home.

Now, Kellie Nielan, an Assistant Attorney General, will be arguing for the State of Florida that Nowak’s statements to the Orlando Police Department were of her own free will. The state will also assert that police had probable cause to search Nowak’s vehicle and Nowak voluntarily consented to the search. Without this evidence, prosecutors still will be able to present to jurors what Nowak was carrying that morning, which included a brand new steel mallet and buck knife.

–Jean Casarez, In Session correspondent

Filed under: Uncategorized


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Christine   October 20th, 2008 3:42 pm ET

I remember this story. She wore diapers so she wouldn't have to stop to use the restroom. Is this a case of desperation or what!? I was pretty grossed out when I heard it on the news. This is going to be very embarrassing when it comes time to argument the fact that she was so insistant in getting to her rival's house that she chose to wore panyhose. My question is, Didn't she stop for gas at some point? That would be a key clue to use the restroom. GROSS!

Dev   October 20th, 2008 3:58 pm ET

This might sound like an odd comment, but I wonder if this is not actually common among female astronauts. I'm involved in technical diving and the suit technology shares many similarities with space suits. Maybe the technology has advanced, but it has really only been in the last year that there has been a viable external catheter that works for women. Up until that, for longer dives, the ladies pretty much depended on Depends. Perhaps if astronauts were in the same boat, using the diapers wouldn't have seemed quite so odd to Ms. Novak, especially in her obvioulsy distressed state.

Scott Lane   October 20th, 2008 4:02 pm ET

Contrary to popular opinion and the continued perpetration by the media she did NOT wear diapers on her trip! Infant sized diapers were found in her trunk and that was it.

Eddy   October 20th, 2008 4:20 pm ET

use the surveillance tape they have at the airport for evidence.it is these stupid judge that have this country justice system in such a huge mess. giving so much rights to criminal. only criminal have rights!!!!!

Cap   October 20th, 2008 4:24 pm ET

She is or at least was (and probably still is) emotionally unstable and this should factor in a large way into whatever happens to her in the courts. Clearly, her actions were not those of a mentally balanced person. Also, as the police later admitted, she had brought diapers with her, but was not wearing them. A little urban legend goes a long way......

John   October 20th, 2008 4:46 pm ET

It is approximately 950 miles from Houston to Orlando. She obviously stopped for gas or that's some new vehicle that NASA employees have which is getting GREAT GREAT gas mileage. I don't understand the purpose of the diapers when she would have stopped for gas anyway.

Doug   October 20th, 2008 4:48 pm ET

Why is everyone hooked on the diaper issue? The more important issues are whether or not she intended to do bodily harm or kidnap Shipman. The diaper may be an indication of mental state, but is definitely not the key issue here. Let the courts decide. Either punish her for her actions, get her help for possible mental health issues, or let her go.

Todd   October 20th, 2008 4:55 pm ET

She was a Naval Flight Officer, which means she flew on military aircraft for extended periods of time. Do you think she excused herself and went to the lavatory when she had to go? Using a "diaper" so she wouldn't have to stop I am fairly certain was as natural to her as a window washer being 30 stories in the air or a policeman wearing a firearm all day at work. The point is, it may be strange to you, but stand in her shoes and think about it.

Not to justify what she did, obviously she has some issues, but let's not pile on.

andrea triangle   October 20th, 2008 5:43 pm ET

i was really glad to hear Ofelein was asked to leave NASA. from what i was able to read there was some weird triangulating going on which maybe a psychological test will point out and used to help Ms Novak's defense. I believe Ofelein was fueling, in part, this woman's insanity. Sad how the mighty are fallen.

sightunseen   October 20th, 2008 6:38 pm ET

I also recall this case. And, I'm guessing here, but what most people remember are the diapers she wore. Strange.

A Camp   October 20th, 2008 7:01 pm ET

The Ninth Judicial Circuit Court must be a bunch of idiots ! What more probable cause would have been needed to search Novak's car ? Come on what is going on in these courts ?

John   October 20th, 2008 8:27 pm ET

It's worth remembering that the police only release, pre-trial, the things they feel will pollute the jury pool in their favor.
Dev is correct on the science. Whether Nowak actually used the diapers ( she wouldn't be adverse to it by training ) remains to be seen.
The more you read in the paper about a case, especially from the police perspective, the weaker the trial case is.
'No comment', it's a slam dunk. The more stories, the weaker the case and the more important it is to pollute the jury.

camie   October 20th, 2008 9:31 pm ET

There was no evidence that she was wearing diaper. the diaper was found in her care the police just assumed that she was wearing diaper.

Jan   October 21st, 2008 12:15 am ET

This is a sad story. I watched when Ms. Novak and her fellow astronauts made the trip to the ISS. I was in awe of her and her helper called the "Robo Chicks." And then to hear of this happening. When someone is in love and in a desperate state of turmoil over being dismissed as a lover (and Bill did confess they had been intimate), no one knows what a person is thinking. This is a simple case of a lover scorned, and she retaliated. She basically "snapped." Those who were hurt the most in all of this was her children. She definitely was thinking only of herself, but she took her entire family and career down with her – not to mention Bill's, too.

v.chery   October 21st, 2008 12:34 am ET

I have followed the whole presidential campaign coverage over the months. It is interesting to note that Sarah Pallin is still not speaking to the media.

Another point I would like to make when Sarah Palin says that they will balance the budget in their first term is this the position of Sarah Palin or is it the thinking of Sarah'McCain because McCain is not saying much.

Jonathan Williams   October 21st, 2008 4:18 am ET

I definately couldn't get the whole diaper thing out of my head when I heard it. Yikes! Pretty bizarre a married mother(I think a mother) would go to such lengths for the person she was having an affair with. Don't they test astronauts for mental illnesses? And I can see the assault and battery holding up but don't think an attempted kidnapping charge will. Just my two cents...

Andy Foreman   October 21st, 2008 9:13 am ET

When I was growing up (60's/70's) we had heroes to look up to. I am not talking about today's lame version of heroes, I am talking about men and women who truly exemplified what heroism is. Among our heroes were astronauts who were smart, driven and decent men and women. Their decency, courage and enthusiasm was an example for so many young people in those days, and as with John Glenn, Neil Armstrong and others, these heroes went on to live admirable and exemplary lives.

Now, we have a married woman attempting to do harm to a rival – lets see... Thats (1) breaking her marriage vows, and (2) attempting to injure another innocent person, and (3) committing crimes to do it all. What a GREAT example for the Brittany Spears generation of mindless idiots.

America has lost so much in these decades and youth today largely just make jokes about it. A woman driving in diapers – thats what people seem to be focusing on.

We have become a sad, pitiful, and mindless country, and Lisa Novak exemplifies that as well as any of today's losers. Frankly, were it my choice, I would lock her up in a deep dark hole and leave her there forever. She is less than a piece of dirt.

Slim   October 21st, 2008 10:15 am ET

ALRIGHT FOR running behind a man!!!!! Don't confront the other woman get the said man in check!!!!

Teresa   October 21st, 2008 11:46 am ET

Regarding Hutton case;
Children who are abused either physically/emotionally/sexually, etc., they tend to act out in certain ways. I believe this little girl was strugglng with this and was acting out to get some help, especially wetting or soiling her pants. It sounds like the mother denied this little girl support and did not show her love and blamed her for lots of things. I think she is guilty of neglect/endangerment and manslaughter. I want to believe the brother's testimony, but unfortunately due to BAD police, interrogators, the professionals that we should trust, you cannot go by that because they will do anything to get a confession. I wish there was a law that no one can question you about anything until you have your attorney. False accusations would then stop and allow for true "innocent until proven guilty."

Margo in TX   October 21st, 2008 11:53 am ET

The odd facts usually make the news. People focus on the strangest things. And the news media will fan those flames of the trivial. It was widely reported that she used these diapers herself for the long drive. The diapers found in her car were child size and were used by her daughter, they just happened to be in the car at the time of search. There is no proof that she used them and I am sure that her lawyers will have them tested to prove that they were not used by her.

The whole case is odd, sad really, but she obviously went over the edge when she found out that her love interest was playing both women he was involved with.

MARY ANN CLOS   October 21st, 2008 12:16 pm ET

JAMIE – THE MAGIC MARKER INCIDENT DID NOT OCCUR THE DAY BEFORE THE BABY DIED – IT WAS IN MAY AND SHE DROWNED IN AUGUST

Lesliesells   October 21st, 2008 1:24 pm ET

I love this lady. I wanna be just like her.

Christine Karvonen   October 22nd, 2008 9:01 am ET

The things we do for Love!!!

Kaliwind   October 23rd, 2008 1:33 pm ET

To the question about whether or not I feel sorry for Lisa Nowak, no I don't. I feel sorry for her victim who might be dead had she not fought back. Ms. Nowak may be brilliant but her level of emotional maturity is less than that of a junior high school girl. However, that's not mental illness, just a failure to grow up. I also feel sorry for her husband and children. She could have dealt with him in a straight manner but she didn't choose to be straightforward. I'm sure the publicity has been terrible for her children. So I feel sorry for several people, but she's not one of them.

Lynda (Brampton, Canada)   October 23rd, 2008 3:53 pm ET

This lady was on a mission ... and it wasn't a "space" mission. Had she have driven, approached her rival and asked to go for a cup of coffee to talk . . is one thing. Lisa Novak's mission was quite opposite . . it was complete with premeditation, intent to injure, scare and/or intimidate her rival. Why wouldn't police have reason to search her vehicle.

She drove over 900 miles, 900 miles in which a hundred things must have run through her mind . . but it would appear she never thought about turning her vehicle around and returning to home.

Sadness and compassion belong to Mr. Nowak and the Nowak children . . their mother acted irresponsibly and though of no one else but herself . . . she is undeserving of any sympathy.

Although an otherwise smart, career lady ... she had choices . . her lover no longer wanted to be with her and found another. Lisa should have shifted her focus back on her family . . she made a bad choice.

Sad indeed

Helen   October 26th, 2008 5:24 pm ET

I think she should be prosecuted as anyone else. What is wrong with people? He was dating another women (the women she wanted to harm apparently) obviousely he didn't want her.

linda smith Minnesota   October 27th, 2008 9:41 am ET

Yes, I think in this case,the judge and jury should consider this mans age and mental capacity. I have worked with patients who have dementia and Alzheimer's disease and they don't know what they are doing or saying. In this case the judge should not allow him to represent himself,he doesn't know what he is really doing and his mind is not all there. These two diseases are a terrible thing for a human to have,they really do not have a sound mind and it is very sad to see someone like that.

Linda,MN

court tv grupee   October 31st, 2008 10:19 pm ET

nowac seemed sad cause so got no wack on her beaus woman. the da in her trial had her hands full with nowac's coy moves but when the judge stopped the da numerous times after the judge plays into nowacs hand was rminded over n over by the da of nowac's high profile educational and accomplished background. quite a superior one too.. the judge had little to say about that fact but puttered on anyways. this young da held to her guns.

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