Will Nowak Space Rage Case Be Tried?

Nov. 5, 2007— -- Will former astronaut Lisa Nowak be tried? It's hard to tell from the statement issued by the lead prosecutor.

"In reference to the November 2nd Court ruling in the above case, the state is currently reviewing the court's ruling and continues to prepare for trial. While the State understands the importance of this information to the community, this office does not want to create the type of publicity that would lead to a change of venue. Therefore, we will not comment further on the case itself."

Nowak won a huge legal victory Friday when Judge Marc Lubet granted motions to suppress her 72-page statement to police the night she was arrested last February and to toss out the evidence seized from her car.

The evidence collected from Nowak's BMW in a motel parking lot included maps to alleged victim Colleen Shipman's home, e-mails between Shipman and Bill Oefelein, large garbage bags, latex gloves and some used diapers.

Judge Lubet said in his ruling "It is incumbent upon this court that every citizen whether a prince or a pauper be treated equally … having considered the totality of the circumstances finds the defendant's' admission obtained by Detective Becton and the evidence obtained from the search of her vehicle must be suppressed."

Judge Lubet was criticized Detective Chris Becton's failure to answer Nowak's questions about a lawyer and her rights, and his refusal to allow her a phone call and his failure to obtain written consent to search her car.

Nowak's defense team has repeatedly denied she ever wore diapers to avoid stopping during her drive from Houston, but the detective who took her statement said Nowak told him she had.

Nowak was arrested after allegedly confronting Shipman, the girlfriend of former space shuttle pilot Bill Oefelein. Authorities said Nowak 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 and report the attack to police, who tracked down Nowak nearby and arrested her. They didn't know until much later that she was an astronaut.