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Judge Tosses Evidence in Nowak Case

Ex-astronaut's statement, contents of her car inadmissible

By Katherine Thompson,  Newser Staff

Posted Nov 3, 2007 5:47 AM CDT
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(Newser) – The case against Lisa Nowak, the former astronaut accused of stalking and pepper spraying a rival in a fit of jealousy, took a hit yesterday when a Florida judge threw out evidence recovered from her car and recorded statements she made to the police. The judge ruled that Nowak, facing charges of attempted kidnapping, had not fully understood and waived her Miranda rights, CNN reports.

Orlando police used "legally impermissible" interrogation tactics, the judge found, including threatening and subjecting the sleep-deprived Nowak to "prolonged detention," to obtain consent to search the car she had reportedly driven 900 miles to accost her rival. Among the evidence declared inadmissible is a buck knife, rubber tubing, maps and letters, and adult diapers. The trial is slated for April; Nowak's lawyers indicated in August that they will pursue an insanity defense.

Former astronaut Lisa Nowak, right, listens to testimony with her attorney Cheney Mason during a hearing at the Orange County courthouse in Orlando, Fla. in this Wednesday, Sept. 19, 2007 file photo. A judge agreed Friday, Nov. 2, 2007 to toss much of the evidence against a former astronaut accused...
Former astronaut Lisa Nowak, right, listens to testimony with her attorney Cheney Mason during a hearing at the Orange County courthouse in Orlando, Fla. in this Wednesday, Sept. 19, 2007 file photo....   (Associated Press)
Space Shuttle Discovery Mission Specialist Lisa Nowak waves prior to boarding the astrovan en route to the orbiter at the Kennedy Space Center, Fla., in this July 2, 2006, file photo. A judge agreed Friday to toss much of the evidence against Nowak, a former astronaut accused of making a...
Space Shuttle Discovery Mission Specialist Lisa Nowak waves prior to boarding the astrovan en route to the orbiter at the Kennedy Space Center, Fla., in this July 2, 2006, file photo. A judge agreed Friday...   (Associated Press)
Former astronaut Lisa Nowak, right, confers with her attorney Donald Lykkebak, during a hearing at the Orange County courthouse in Orlando, Fla., Wednesday, Sept. 19, 2007. (AP Photo/Red Huber, Pool)
Former astronaut Lisa Nowak, right, confers with her attorney Donald Lykkebak, during a hearing at the Orange County courthouse in Orlando, Fla., Wednesday, Sept. 19, 2007. (AP Photo/Red Huber, Pool)   (Associated Press)
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