Device Didn't "Fulfill Its Intended Purpose"
As ANN reported, former NASA
astronaut and Navy Captain Lisa Nowak attended a pretrial hearing
last week to determine, among other things, if the court would
alter the terms of her pretrial release and remove her ankle
Nowak told Judge Marc Lubet the monitor causes abrasions on her
leg due to her Navy uniform, and it limits her capacity for
exercise. Although Lubet discounted her reasons, he said Nowak had
behaved well enough to earn its removal, reports the Orlando
Nowak is set to go to trial September 24 for allegedly stalking
and assaulting US Air Force Captain Colleen Shipman in February.
Nowak allegedly considered Shipman a rival for the affections of
fellow astronaut, Bill Oefelein.
At the hearing, Shipman testified she still fears Nowak and the
monitor makes her feel safer knowing it would send an alert if
Nowak came near her in Brevard County, FL, where she lives.
Lubet said in his order Nowak had no reason to contact Shipman
or travel to Florida other than court, according to the Associated
Press. As per the order, Nowak is also barred from Virginia, where
Oefelein has moved, Maryland, Delaware and Washington D.C. without
Since the alleged attack, Shipman has made several trips to
Nowak's hometown of Houston to visit Oefelein, according to
"During these trips by Ms. Shipman to Houston, the electronic
monitoring GPS device afforded no protection or benefit to Ms.
Shipman, as the defendant could freely move about Houston with no
fear of violating any condition of the electronic monitoring GPS
device," Lubet said in his order.
"Under these circumstances, it is clear to this court that the
electronic monitoring GPS device does not fulfill its intended
purpose of protecting Ms. Shipman," he wrote.
Nowak's military commanding officer assured Lubet Nowak would
also be subject to military penalties for any violations of her
pretrial release conditions.