Lykkebak also argued that the seizure of evidence from Nowak's car was illegal because Becton did not properly obtain a search warrant or permission from Nowak.
The items seized from her car will be tough to explain. A 2-pound drilling hammer, a BB gun, an 8-inch folding knife, rope and latex gloves, and the diapers that made her fodder for the late-night comics.
ABC News interviewed Lykkebak and asked him about the diapers Nowak allegedly wore during her drive to Orlando so that she would not have to stop to use the bathroom. Lykkebak said the diaper story is nonsense.
"She did not pull on a pair of adult diapers in Houston and drive nonstop to Orlando. … It's not true. It's a lie. She didn't have that type of diaper in her car. She is the mother of two young twins and she had pull-on pampers that fit a 3-year-old toddler in her car. … They don't fit on an adult."
In an interview with ABC News, Lykkebak believes his client is being unfairly prosecuted because she was an astronaut when she was arrested.
"I think she's being picked on because she, in fact, is a person who is an achiever, because she is someone who has really risked her life for her country and has been a hero. You know we love to take and put people on a pedestal only to tear them down, and that's what I feel is happening here."
He is considering using the video recently released by the courts of Nowak in a holding cell at Orlando International Airport to demonstrate her state of mind at the time of her arrest.
The video shows her repeatedly pacing around the small cell. "I guess I didn't think there was anything to get caught. I just wanted to talk to her. I just thought once we talked she'd understand why I was there," she says in an uncertain voice as she stands at the doorway of her cell. "I didn't want her to run off as soon as she saw me."
Nowak asks officers whether she can make a phone call about her children. Officers refuse, but offer to make the call for her. She says no.
At the end of the video, it is evident that she is falling apart emotionally. She lies on the floor in a fetal position, her back against the door. "Do you know where you are? What city you're in?" one officer asks. Her response is inaudible. "You seem like you're kind of out of it," he says. "I've been awake for a long time," she says, nearly in tears.
Nowak was fired as an astronaut a month after her arrest. Oefelein, the astronaut in the middle, was also fired as an astronaut. Both have been returned to duty with the Navy.
Nowak is scheduled to go to trial Sept. 24.