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Sun, Nov 04, 2007

Nowak Evidence Tossed Out By Florida Judge

Request For Lawyer Claim Ignored By Police

A Central Florida judge tossed out key evidence found during a search of a car belonging to former NASA astronaut Lisa Nowak, and statements she made to Orlando police after her arrest on kidnapping charges.

In an order released November 2, Orange County Circuit Judge Marc Lubet accuses the Orlando Police Department of illegal activity when Nowak was interrogated.

Police Investigators said Nowak drove from Texas to Florida so she could confront her romantic rival, Colleen Shipman. Both Nowak and Shipman were believed to be dating the same man, astronaut Bill Oefelein, as reported in ANN.

Nowak was arrested at Orlando International Airport in February and charged with attempted kidnapping and burglary with assault.

During Nowak's interview with police, she claimed she requested a lawyer. However, the detectives' tape recorder could not pick up much of the audio.

According to WKMG-6, a detective denies that Nowak asked for an attorney and also said Nowak gave permission to search her car.

A jury will not hear the evidence unless the state wins an appeal of the judge's order.

The Orlando Police released a statement Friday night saying, "It is inappropriate for the Orlando Police Department to comment on any aspect of the case at his stage in the proceedings."

Nowak's attorney also released a statement Friday saying, "We are extremely pleased and gratified that Judge Lubet has granted the motions to suppress both Lisa Nowak's statement and the evidence taken from her car last February.

 Judge Lubet's learned order explains clearly why the statement and evidence was illegally obtained when he states that 'whether a prince or pauper' the Constitution protects everyone equally."

Nowak faces life in prison if convicted of the charges.

FMI: www.jsc.nasa.gov/Bios/htmlbios/nowak.html, www.jsc.nasa.gov/Bios/htmlbios/oefelein.html

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