Lisa Nowak, the former astronaut,
who was accused of attacking and attempting to kidnap a love rival, is 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.
On February 6, the police charged Nowak with attempted
first-degree murder, which carried a maximum sentence of life imprisonment, but
the charges were later dropped.
Following that incident, NASA decided to part ways with its
former employee, who flew her first shuttle mission in July 2006 onboard the
Discovery spaceship to the International Space Station. She had been with NASA
since 1996 and served in mission control, the operations planning and astronaut
robotics branches, but Nowak remained on duty as a Navy
officer.
The removal of the device was
requested by Nowak’s lawyer during last week’s hearing. The lawyers said that the
ankle bracelet allegedly provokes discomfort and intervenes in her regular
activities, like driving or exercising. Also the bracelet cost $105 a week,
they said, and it prevents their client from exercising as required of a
military officer.
Judge Marc Lubet decided to approve
Nowak’s request because the device did not serve its intended purpose of
protecting Shipman from Nowak because Shipman had traveled to Houston to visit her boyfriend, despite the
fact that Nowak lived there.
"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. 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," Judge Lubet wrote. Though during the last hearing
Shipman told the court she felt safe knowing Capt Nowak had to wear the device.
The judge also added that Nowak had
not violated the terms of her release during the past seven months, but she is
still not allowed to travel to Washington,
D.C, Virginia, Maryland or Delaware where she might come into contact with Shipman or Oefelein.
After the February’s incident, on June 1, Bill Oefelein was released by NASA from
the astronaut corps and he was re-assigned to the U.S. Navy at the Naval
Network Warfare Command in Norfolk,
Virginia. He completed his only
mission as pilot on STS-116 in December 2006.
Lubet added that Nowak can't
come to Florida
for any reason other than to make court appearances, meet with her attorney or
perform official military duties without court approval. In case she violates
these conditions, Nowak may be subject to discipline under the Uniform Code of
Military Justice. Nowak also must notify Shipman's lawyers of the dates she will
be in Florida.
Lubet has asked for another hearing before deciding two
other defense motions to suppress Nowak's lengthy arrest interview with police
and the search of her BMW.
Lisa Nowak is to appear for a trial beginning September
24 and according to a notice filed on August 28 in State Circuit Court
in Orlando, her
lawyers will invoke reasons of temporary insanity in her defense.
Defense attorney Donald Lykkebak included in the filling a
list of disorders Nowak allegedly suffered from at the moment of the attack, in
February 2007, including major depression, obsessive-compulsive disorder,
Asperger’s disorder, insomnia and "brief psychotic disorder with marked
stressors."
Lykkebak’s notice states that the filing does not challenge
Captain Nowak’s competence to stand trial, but “only raises insanity at the
time of the offense.”
Following Nowak’s incident NASA
ordered some internal reviews and, as announced yesterday the US space agency
is working to develop a code of conduct for the astronauts. Called
"Expected Astronaut Principles of Behavior" the document will outline
the expectations for the astronauts’ behaviour.