Judge Rules Nowak's Interrogation Not Admissable

Former astronaut's remarks to police will not be allowed in kidnapping trial.

ByABC News
December 5, 2008, 10:02 AM

Dec. 5, 2008— -- An attorney for Lisa Nowak, the former NASA astronaut awaiting trial on kidnapping and other charges, is cheering today's partial court victory for his client.

The three-person 5th Circuit Court of Appeals in Florida upheld a lower court ruling barring use of a taped interrogation of Nowak by police at her trial.

It is a mixed victory, however, because the court also ruled that evidence found in Nowak's car after her arrest can be introduced by the prosecution in court.

Even so, Don Lykkebak, an attorney for Nowak, suggested that she sees the decision as a way to move forward with her case.

"We are satisfied that appellate court affirmed the trial court ruling that Lisa Nowak did not waive her constitutional rights," Lykkebak said. "The police used coercive tactics and her interview was not voluntary. Capt. Nowak looks forward to returning to the Circuit Court and defending all charges."

Nowak's criminal case has been on hold since November 2007, when Judge Marc Lubet ruled that Orlando Police Det. Chris Becton had not properly read Nowak her Miranda rights before the interrogation and had tricked her into giving officers permission to search her car.

Nowak is charged with attempted kidnapping, battery and attempted burglary with assault.

Investigators say the married mother of three drove nearly 1,000 miles from Houston to Orlando in February 2007 to confront Air Force Capt. Colleen Shipman. Nowak believed Shipman was a rival in a love triangle that included then-astronaut Bill Oefelein.

Shipman told police that Nowak had attacked her with pepper spray in the parking lot of the Orlando Airport after she returned from visiting Oefelein in Houston.

The question now is this: Without the interrogation evidence, does the Orange County district attorney have enough to proceed with her trial?