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Judge tosses Nowak confession, some evidence

12:18 AM CDT on Saturday, November 3, 2007

KHOU.com staff report & Associated Press

11 News came upon Nowak at her Clear Lake home Friday.

ORLANDO, Fla. -- A judge in Florida today decided police coerced now-former astronaut Lisa Nowak into giving information in a lengthy arrest interview.

The judge approved a defense motion to throw out Nowak’s comments and the search of her car after she drove from Houston to Orlando last February.

The judge says investigators took advantage of the Navy pilot, who hadn’t slept for more than 24 hours before the alleged airport attack of a purported romantic rival.

Nowak is accused of confronting Air Force Colleen Shipman—the girlfriend of former shuttle pilot Bill Oefelein.

But the judge’s ruling does not extend to items seized from the duffel bag Nowak was carrying—a steel mallet, buck knife, a BB gun, gloves and rubber tubing.

Nowak's attorney had argued that police never properly advised her of her rights to see an attorney, remain silent, and withhold permission for the car search.

"Did you use the phrase, 'I want a lawyer?' " state attorney Pamela Davis asked.

"My memory is that I recall I did say that, however it is not in the transcript" of her talk with the detective, Nowak countered.

“There's a number of places where the tape was turned over, and those entire conversations were not in there. I know there were conversations and words that were passed that were not on there while we were in that room.”

Nowak said she was led to believe that if she cooperated with her interrogating officer, he would help make things easier for her later. She said the officer implied she had virtually no choice but to allow the car search because police eventually would find the car anyway and get a search warrant.

Nowak’s trial is set to begin April 7th.

The defense is expected to claim temporary insanity on charges of attempted kidnapping, battery and burglary with assault.

 

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