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 monitor.

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 Sentinel.

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 court approval.

Since the alleged attack, Shipman has made several trips to Nowak's hometown of Houston to visit Oefelein, according to Reuters.

"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.

FMI: www.navy.mil, www.occourts.org, www.nasa.gov