Nowak Kidnapping Charge Could Be Thrown Out

ORLANDO, Fla. -- Sworn statements filed this week from two paramedics contradict Colleen Shipman's statement to police that former astronaut Lisa Nowak sprayed her in the face with pepper spray during a 2007 confrontation.

Based on these statements, Nowak's team wants the most serious charge against her -- attempted kidnapping -- thrown out.

Nowak is accused of driving from Houston to Orlando wearing a diaper to try to kidnap her romantic rival, Colleen Shipman, on Feb. 7, 2007. Both women were involved with fellow astronaut Bill Oelfelein. Oelfelein has since retired and Nowak has been reassigned.

Right after the two women's confrontation, two paramedics with the Greater Orlando Aviation Authority Fire Department responded to Shipman's call for help.

They said she denied being sprayed with pepper spray or having any medical problems. It's damaging information that could jeopardize the state of Florida's most serious charge against Nowak.

In newly filed court depositions, the two airport paramedics are disputing Shipman's claim that Nowak sprayed her with Mace. Nowak said she only wanted to talk to her romantic rival.

"I would like her to know how sorry I am about having frightened her in any way," Nowak said after the incident.

Paramedic William Hagedorn told Nowak's lawyers, "She denied being directly sprayed."

Hagedorn also said that Shipman said she was not experiencing any burning sensations or medical problems.

Both paramedics told Nowak's lawyers they were surprised when police later reported Shipman's claim that Nowak sprayed her in the face.

Police later recovered a pepper spray canister close to where Nowak was arrested.

Nowak's defense team claims prosecutors deliberately kept this damaging information away from them -- a claim prosecutors deny.

Nowak wants attempted kidnapping charge and testimony about the pepper spray thrown out.

If that happens, prosecutors will have a hard time trying to prove Nowak was trying to get in Shipman's car, which is the basis for their attempted kidnapping felony charge.

Nowak is scheduled to stand trial in Orange County on Dec. 7.