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Orange County Circuit Judge Marc L. Lubet in Orlando, Florida, ruled that former NASA astronaut Lisa Nowak's testimony to the police on the day of her arrest is to be tossed because officers took advantage of 44-year-old Nowak, who had not slept for more than 24 hours, and coerced her in the interview.
The defense claimed Nowak’s car was searched without authorization, she didn’t have access to an attorney immediately and wasn’t informed of her rights.
Judge Lubet also granted the other request in the defense motion which removes from the evidence list items seized during a search of her BMW, including maps to alleged victim Colleen Shipman's home, large garbage bags, latex gloves and some diapers. However, evidence from a duffel bag Nowak was carrying — a steel mallet, buck knife, BB gun resembling a real 9mm handgun, gloves and six feet of rubber tubing — remains in the case.
"The defendant's admissions obtained by (Orlando Police) Detective (William) Becton and the evidence obtained from the search of her vehicle must be suppressed," Lubet wrote.
In late August, Judge Marc Lubet ruled that Lisa Nowak was allowed to remove a monitoring device from her ankle. Nowak, who was arrested in February at the Orlando, Florida airport, was forced to wear the monitoring device ever since.
Lisa Nowak was reportedly romantically linked with Bill Oefelein and went to Orlando on February 5 in order to face out his new lover, Navy officer Colleen Shipman. Nowak had driven all the way, 900 miles, from her home in Houston, Texas, without a stop.
The two rivals met at Orlando airport and according to police reports and Shipman’s testimony, Nowak sprayed pepper spray into her car and tried to enter the vehicle before Shipman managed to drive off from the airport’s parking lot. Police officers quickly arrived at the airport and arrested the 44-year-old woman. The police reported she was armed with a steel mallet, knife and BB gun at the time of the incident.
While Judge Lubet said in his ruling that Orlando police Detective Chris Becton "made threats and used coercive psychological techniques" and made "direct and implied promises of benefit," vowing to talk to prosecutors on her behalf if she cooperated, the officer characterized Nowak as a cunning suspect who bargained with information in an interview similar to a "chess match."
Nowak has been fired from NASA but remained on duty as a Navy officer at the Naval Air Station Corpus Christi in Texas. Bill Oefelein, the astronaut who was involved in a relationship with Lisa Nowak, left NASA on June 1.
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