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.

Trial Date Set for Ex-Astronaut

ORLANDO, Florida (CNN) -- An ex-astronaut accused of assaulting a romantic rival in a Florida parking lot will stand trial December 7, a judge ruled.

Lisa Marie Nowak, 46, is accused of stalking Air Force Capt. Colleen Shipman and pepper-spraying her in a parking lot at Orlando International Airport in February 2007.

She has pleaded not guilty to charges of attempted kidnapping with intent to inflict bodily harm, battery and burglary of a vehicle using a weapon. If convicted, she could face a sentence of up to life in prison.

Prosecutors accuse Nowak of driving nearly 900 miles from Houston to Orlando -- wearing NASA diapers to cut down on the number of stops she needed to make -- and donning a disguise before following Shipman from baggage claim to a parking lot. Her attorney, Don Lykkebak, has denied that she wore the diapers.

Shipman told police that after she got into her car, Nowak feigned distress and knocked on the window. When Shipman cracked it to talk to her, Nowak sprayed her in the face with pepper spray, Shipman said. Police said Nowak was apprehended as she was disposing of her disguise in an airport trash bin.

Nowak has said she went to the airport to talk to Shipman, who had begun dating Nowak's former love interest, Navy Cmdr. Bill Oefelein, who was also an astronaut but has since left the astronaut corps.

Judge Marc Lubet handed Nowak a legal victory in November 2007 when he ruled evidence found in her car and statements she made to police after her arrest were inadmissible at trial because both were unlawfully obtained.

Prosecutors appealed, however, and in July 2008, the Fifth District Court of Appeals ruled that evidence found in Nowak's car was admissible, although it agreed her statements to police were not.

At a hearing in August 2007, Orlando police detective William Becton testified that when he searched Nowak's car, he found maps showing how to reach the airport, maps of the airport's layout, a buck knife and papers including a letter Nowak appeared to have written to Oefelein's mother. He also testified he found used and clean diapers in the car. Police previously said they also found a BB gun, a steel mallet, a 4-inch knife and rubber tubing in the vehicle.

Nowak's attorneys have said they intend to utilize an insanity defense, saying in court documents her diagnoses include more than a dozen psychiatric disorders.

A pretrial conference in the case is set for November 10, Lubet ruled Tuesday.

A hearing set for Friday was canceled.

Remember Lisa Nowak?

"They also said she wore a diaper during the drive." hahaaaa


ORLANDO, Fla. -- Donald A. Lykkebak, a lawyer for former astronaut Lisa Nowak announced Thursday that her camp is withdrawing a previously filed notice seeking insanity as her defense.

Nowak is accused of driving from Houston to Orlando to try to kidnap her romantic rival, Colleen Shipman, on Feb. 7, 2007. Both women were involved with fellow astronaut Bill Oelfelein. Oelfelein and Nowak have since been fired by NASA.

The news of the withdrawal comes after a judge appointed a psychiatrist and a psychologist to evaluate Nowak's sanity last month and report to the court. Prosecutors said Nowak dressed in a disguise and stalked Shipman through the airport, then attacked her with Mace in a parking lot. They also said she wore a diaper during the drive.

That insanity defense notice, filed in 2008, was required by court rules to be timely filed at that time in order to preserve the option of bringing an insanity defense at the time of trial.

Lykkebak filed a withdrawal notice and said Nowak will not rely on insanity as a defense in trial.

The former astronaut has plead not guilty to the attempted kidnapping, burglary and battery charges for the alleged attack.