Ex-Astronaut Wants Ankle Bracelet Off

AP ^ | August 24, 2007 | Travis Reed

[Palladin]

Ex-astronaut Wants Ankle Bracelet Off

By TRAVIS REED, Associated Press Writer

ORLANDO, Fla. - Interviewing former astronaut Lisa Nowak was "like a chess game," a detective testified Friday as Nowak's attorney urged a judge to throw out evidence and a police interview in which she talked about the alleged attack on a romantic rival.

Nowak also took the stand and asked the court to let her remove her electronic monitoring bracelet, complaining that it cuts her ankle and gets in the way of her military boot lace.

As Nowak testified, the rival she was accused of pepper spraying in an airport parking lot sat a few rows away, frowning.

Air Force Capt. Colleen Shipman told the judge she is still afraid of Nowak and feels better knowing she is monitored.

"When I'm home alone and there's nobody there with me, it is a comfort," Shipman testified. She also acknowledged that she had visited her boyfriend in Nowak's hometown of Houston several times since Nowak's arrest, though. She didn't say if that boyfriend was the same space shuttle pilot involved in the Nowak love triangle.

Nowak, a 44-year-old Navy pilot, has pleaded not guilty to charges of attempted kidnapping, battery and burglary with assault involving the February confrontation with Shipman in an airport parking lot.

Authorities have said Nowak drove straight from Houston to Orlando _ using baby diapers to avoid having to stop for breaks _ then pepper sprayed Shipman and tried to force her way into Shipman's car in the parking lot. Police say Nowak also had a duffel bag with a steel mallet, 4-inch knife and a BB gun.

Nowak's attorney, Donald Lykkebak, asked Circuit Court Judge Marc L. Lubet on Friday to throw out the interview Nowak gave to police after her arrest that day and items found during a search of her car.

She had told the detectives that she and Shipman were vying for the affection of the same man and that she confronted Shipman in an Orlando International Airport parking lot because she wanted to know "where she stands."

Lykkebak said in court filings that Nowak gave the interview under duress _ after being held for three hours, deprived of sleep and a phone call and unadvised of her constitutional rights. The interview persisted, Lykkebak said, despite Nowak saying "Should I have a lawyer?" three times. He contends police also searched Nowak's car without her permission or a warrant.

Orlando police Detective William Becton testified that he informed Nowak of her rights. He said she never asked for an attorney but did ask him four times if he thought she needed one.

The interview was like a "chess game," Becton said. He said Nowak bargained with information, like her car's whereabouts.

"I realized I was dealing with somebody who was more intelligent than I was, more educated," Becton said. "I was having a very difficult time gaining any information from her."

Nowak's main interest during the interview seemed to be how much Shipman knew, he said.

"There are chunks of the interview, if not large portions, where I'm actually the one being interviewed by her," Becton said. "She was very calculating and methodical in the manner in which she would answer my questions."

Becton also mentioned the diapers, which had made Nowak a joke on comedy shows and around the world.

He said Nowak told him she urinated in them on the 1,000-mile drive from Houston to Orlando to limit stops. Astronauts use diapers during space shuttle missions. Lykkebak said it wasn't true and that the baby diapers had been left in the car after a hurricane evacuation.

Nowak's attorney had said she would also make her first public statement since the arrest, but Nowak instead told reporters that she had "no plans to further discuss this unfortunate episode in a public forum." She instead thanked her supporters.

"It would have been very easy for me to permanently retreat into a world of personal sorrow, but my family and friends have given me a greater view about what is important in our lives," she said. "I look forward to resolution and closure for everyone."

During the hearing, Nowak said she wanted to get rid of the monitoring bracelet because it was bulky and painful and interfered with her ability to exercise _ a requirement for a Navy officer. She also said she had to change the batteries every 12-15 hours and that she has to pay for the bracelet, which costs $105 a week, about $3,000 so far.

Assistant state attorney Pamela Davis suggested Nowak could do other exercises, and she dismissed the cost as a real issue for Nowak.

"You're paying a media consultant _ fire the consultant," she told her.

Kepler Funk, an attorney for Shipman, called the bracelet the most important condition of Nowak's freedom.

"She is scared of Ms. Nowak," Funk said of his client. "Right now there is probable cause to believe Ms. Nowak committed a crime against Ms. Shipman that's punishable by life in prison. ... The only comfort she's had for the past six months is knowing that someone has been monitoring Ms. Nowak's every move."

[SeaHawkFan]

Did you watch the hearing? If you did, you’d have a different opinion.

The cop admitted that there is no record of her giving consent to search her car. He questioned her for over five straight hours after holding her for several hours before that. He did not clearly read her the Miranda rights as required by the Constitution. He should have gotten her to sign a waiver for the search. He didn’t do that. He wanted to rely on a tape recording, but ther in nothing on the tape that gives consent to search and the cop told her attorney there was nothing on it when he asked the cop if he wanted to hear the tape.

She asked several times if she should talk to a lawyer and the cop simply ignored her questions.

[SeaHawkFan]

I would maintain that she gave implicit consent to search the car when she voluntarily handed the keys over to the officer.

Implicit doesn't count when the requirement is for explicit consent, which the cop finally admitted he didn't get.

[Palladin]

It’s a moot point anyway. They have a perfect eyewitness—the victim—and she is a cool, competent woman. Her testimony will sink Ms. Nasty-Pants.

[SeaHawkFan]

However, if the evidence seized from the car is excluded, they will have a difficult time convicting her of anything more than a minor misdemeanor. It’s not like the other woman is a paragon of virtue either; nor the guy they were both chasing.

She has a very good attorney and if the Assistant DA who handled the hearing today prosecutes the case, the defendant will walk. The asst. DA must be an AA hire because she is stupid.

[theFIRMbss]

... Cartman argues that "Gingers" — those with red hair, freckles, and pale skin — are creepy and evil. They suffer from "gingervitis" and their light skin comes from their lack of a soul. He also argues that they cannot stand the sun, and that Kyle, who has auburn hair (but not light skin or freckles) — is a "daywalker". After his speech encourages other students to discriminate against gingers, Kyle decides to make his presentation about the genetic causes of gingers being born. Kyle interviews a family with ginger children, and it soon becomes apparent that although Cartman's prejudiced ideas about Gingers are untrue, the fact remains that the general public, even their own parents, carry a similar bigoted hatred and intolerance toward them. Kyle's status as a "Daywalker" prevents anybody from listening though, so he and the others agree that Cartman needs to be taught a lesson. They get together in the night to dye Cartman's hair red, bleach his skin a lighter hue, and give him henna freckles, to make him "ginger", after which Cartman begins to be discriminated against by the kids he influenced by his speech. However, Cartman becomes a leader of the "Ginger Separatist Movement", at first asking to be treated like everyone else. Quickly, however, Cartman's movement becomes violent and Hitler-esque in tone. He begins to preach that gingers are, in fact, the "chosen race," and orders the eradication of all non-gingers from the Earth. Following Cartman's orders, the gingers abduct as many of South Park's children as they can, including Stan and Kyle, then bring them to their meeting place the Sunset Room at the Airport Hilton to throw them all into a pit of lava. Kyle is chosen as the first to die... Ginger Kids

[Triggerhippie]

If she’s that much of a flight risk, maybe they should just give her a room at the Grey Bar Inn until the trial.

[cgbg]

She is under such scrutiny now that I can't believe she'd really be a danger to this lady, though.

I disagree. Every indication is that she is one cold calculating b&^%h who would love to get revenge on the woman who stole her man and Nowak (who had obvious courage and dedication since she was an astronaut) is prepared to take major risks to get it done.

Her defense strategy so far is fascinating. On the one had she is trying to set herself up as a crazy person so she can argue an insanity defense. On the other hand she is trying to argue she is stable and therefore no risk to the victim.

My view is that she is ready to say and do anything to get what she wants more than anything in the world--a dead rival.

[cgbg]

There is nothing more irritating than when stupid cops blow a slam-dunk case.

Miranda has been around _forever_ at this point.

I really think she is going to try the same thing again if she gets away with it this time--but the second time will be better planned and executed.

[SeaHawkFan]

Yup. I wonder why the Navy is treating her with kid gloves?

I have a good guess. Here we ave three astronauts involved in a competitive adulterous situation. You think Lisa Nowak doesn't have knowledge of other sexual misconduct within the astronaut ranks that she'd expose if she was prosecuted under the UCMJ? She'll expose it if this case goes to trial.

She has her 20 years in for retirement, She'll be retired on a medical, or retire voluntarily, and simply go away.

[Palladin]

It will be interesting to watch and see what happens.

I feel sorry for her three kids.