Judge Rules to Suppress Lisa Nowak’s Confession

November 02, 2007 4:56 PM

Apr_lisa_nowak_071102_bl_2 Gina Sunseri reports:

Former astronaut Lisa Nowak won a legal victory in her criminal court case Friday when Judge Marc Lubet granted motions to suppress the evidence seized from her car, along with the 72-page statement to police the night she was arrested in Florida.

“It is incumbent upon this court that every citizen,  whether a prince or a pauper,  be treated equally . ... Having considered the totality of the circumstances, [the court]  finds the defendant's admission obtained by Detective Becton and the evidence obtained from the search of her vehicle must be suppressed," Judge Lubet said in his ruling.

The judge criticized Detective Chris Becton’s failure to answer Nowak’s questions about a lawyer and her rights, his refusal to allow her make phone calls and his failure to obtain written consent to search her car.

So what is left in the case against Lisa Nowak? Defense attorney Chris Tritico says the prosecution still has a classic everyday case.

“Ninety-nine percent of the cases that go to trial are tried without confessions. They still go to court," he said. "This ruling says the manner in which police took the statement violated Lisa Nowak’s rights under the  Fourth and Fifth amendment. That doesn’t mean the case is over, because they have an abundance of other evidence. They have a victim who is willing to testify, and they still have the airport surveillance tape.”

Nowak is accused of attempting to kidnap Colleen Shipman, a woman she perceived as a rival for the affections of fellow astronaut Bill Oefelein. Orlando police say Nowak drove more than 900 miles from her home in Houston to stake out Shipman  at the Orlando Airport as she returned from a trip. Nowak dressed in a trench coat, wore a wig and sprayed a chemical in Shipman’s face, police allege. The details of her drive to Orlando were so bizarre the incident quickly became the focus of late-night shows.

Nowak’s arrest was followed by a release of evidence  that  outlined the incident at the airport in great detail. The 72-page statement to police was stunning. The evidence seized from her car included steamy e-mails exchanged between shipman and Oefelein, some written while he was in space last December. 

Since Nowak's arrest, she has been terminated as an astronaut by NASA, as was her former boyfriend Bill Oefelein. She is working on flight software for the Navy and keeping a very low profile.

Nowak is still scheduled to go to trial in April, but the dynamics of that trial have changed dramatically with this latest ruling from the court.


November 2, 2007 | Permalink | User Comments (32)

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Last time I checked Gary, having an affair was not a legal offense. Go preach your morals at Sunday school, and let the law take care of what is criminal.

Posted by: Tom | Nov 5, 2007 5:35:33 PM

So we should forgive her because she was under stress? PLEASE! Everyone in America is under stress. She went to FL with intent - intent to confront, intent to kidnap, intent to harm. That much is obvious. Becton may have damaged the case, but it's not over. I don't think this is pretty woman's justice - I think it's liberal judge justice and stupid cop justice.

Posted by: shakespearetobe | Nov 5, 2007 11:39:06 AM

Whoa, talk about self righteous; Hang up going on there son? Did you lose a wife to another man? Or is it a hysterical religious situation?... one career was destroyed by this woman, hers. The other two were of their own doing. The biggest player of the three was the male who was balancing one wife and two lovers - that we know about. Who said love is blind? In this case love was stupid & mind bending. Plus, the judge was right, the cop was wrong. He alone could have ruined the entire case with his lack of following procedure.

Posted by: Connie | Nov 4, 2007 4:31:07 AM

gotta start somewhere.

Nobody will get civil rights unless the rich and famous do first. As a nation we have had several years of tolerance of practices that violate the consititution. We need to get back to the principles that the framers of the constitution intended.

Posted by: dugbek | Nov 3, 2007 10:01:57 AM

The more important issue here is the protection of society from robocops! What a great decision!

Posted by: dave | Nov 3, 2007 8:15:27 AM

This woman deserves a painless first offense, deserves a second chance. Love is blind, the devil is freaking crazy, and so stuff happens. Lucky nobody got hurt.

Posted by: sirmikey | Nov 3, 2007 4:43:10 AM

I'm very surprised reading about the amount of support this 'nut" has in this blog. She is a criminal who was trying to do bodily harm to another woman. The evidence is clear that she wanted to hurt her rival. How can so many of you nuts support her?

Posted by: nunyab | Nov 3, 2007 4:32:29 AM

Good grief--was Detective Chris Becton an amateur with no experience at all? His failure to answer questions about a lawyer and her rights, refusal of phone calls and failure to obtain written consent? I feel sorry for Shipman as she has every right to be afraid of this loony tunes woman and to have some justice after being terrorized and sprayed in the face with pepper spray. The evidence in that car showed pre-meditation. It is not going to be enough in the trial to just show stalking and it will be 'she said she said' what a shame.

Posted by: Eve | Nov 3, 2007 2:15:40 AM

O.K. she is mentally disturbed because she was under stress because of her life in space. I don't think she would have done any kind of murder. She just did something out of control. Media should leave her personal life. If this happened for 10 years ago, then this would have not got any attention.

Posted by: space lover | Nov 3, 2007 12:44:16 AM

The Constitution s/b held up for everyone, not just pretty female astranauts. The kind of police procedures used all the time everywhere in ths USA. A poor man or black man would absolutely never get this kind of break.

Posted by: Tom Denmore | Nov 3, 2007 12:08:35 AM

Let's review what she did. For years she carried on an adulterous relationship with a married man resulting in his divorce from his wife. One family destroyed. Then she continued to carry on with him and destroyed her family. Her husband trusted her. Her children trusted her and she repaid that trust by continuing in an adulterous relationship. The second family is destroyed. Then she attempts to murder a rival for the affections of her adulterous lover. This is the sweetheart that became an astronaut. I would guess that the only way that she got into the space program over many far more qualified male pilots was because of her gender. This is the sweetheart that probably will escape man's laws.

Posted by: Gary | Nov 2, 2007 10:52:37 PM

She did us a favor exposing the total disregard for civilian rights to a lawyer and civil right to a search warrant. This
disregard is so pervasive and in violation of the law representing a far greater threat than her silly incident.

Posted by: bob | Nov 2, 2007 10:21:15 PM

Great News! I knew her lawyers were something special when they got on tv and tried to undo the diaper thing....awesome!

Posted by: jk | Nov 2, 2007 9:07:58 PM

She deserves nothing in term so sympathy. She is an adulteress and betrayed her husband and children. She should be presecuted to the highest limits of the law. Much was given to her and much should be expected.

Posted by: Gary | Nov 2, 2007 8:54:25 PM

the title of this article says it all. guilty until proven innocent by abc news. isn't this the most professional article ever by abc?

Posted by: disabledvet46 | Nov 2, 2007 8:54:13 PM

This is soooo stupid. Evidence is evidence. Because of some lame technicality, the judge rules items obviously used in the crime are unadmissable. Murders, rapists, assaults, etc. all get away with things because the justice system is so caught up in technicalities that it ignores common sense. Besides, everyone already knows about these items.

Posted by: m | Nov 2, 2007 8:27:16 PM

What a joke. The sexist judiciary strikes again. She single-handedly ruined other male astronaut's careers and now as seen as some kind of "femme fatal hero". Men don't get ANY breaks when found in similar situations. And to say that "men really can mess with women's minds" shows the double-standard women live by on a daily basis. It is women that mess with men's minds and get away with murder. Mary Winkler, Lisa Nowak, Deborah LaFave, the list is endless. Constitutional rights? Only for the women, only for the women. How manipulative can they get? Now wonder they didn't want the Equal Rights Amendment. What a joke.

Posted by: SGA | Nov 2, 2007 8:01:32 PM

it is good to see some provisions of the constitution still respected by the courts. The initial stories of this case reeked of disregard for civil liberties.

I have worked with several astronauts and have the greatest respect for their talents. Dragging their personal lives thru the mud in the press is a waste of everybody's time. Everybody has personal issues. No one cares about mine cuz I'm not an astronaut or a movie star. We should cut some slack for Lisa and her coworkers.

Posted by: dugbek | Nov 2, 2007 7:20:30 PM

What a mess, 3 careers toast thanks to this woman.

Posted by: quickphil | Nov 2, 2007 6:55:44 PM

Im glad for my personal hero. She deserves that little help. I bet she wont be messing the outsides again

Posted by: benjalamelami | Nov 2, 2007 6:23:48 PM

I must say, men can really mess with women's heads... that said, I think both those girls should drag his butt in the road. It sounds like he was playing around with both of them at the same time... and probably others. He was putting a little extra s in Astronaut if you know what I mean... and I think it is taaaaacky to be up in space on the taxpayers' dime writing dirty email! What a sleaze. Meanwhile Nowak is ready to kill the other woman. She should have saved her justice for him!

Posted by: Rachel | Nov 2, 2007 6:11:15 PM

I'd call it pretty woman justice, but have to say, I've seen better.

Posted by: SC | Nov 2, 2007 5:54:04 PM

All of these people that are so quick to say guilty forget what all this woman has accomplished for the good of this country, and I believe the other lady is out to get her anyway.

Posted by: william c. townsend | Nov 2, 2007 5:49:19 PM

I agree with Lawrence, this is still the USA and the judge did the correct thing in suppressing the ill gotten evidence!

Posted by: kd5aey | Nov 2, 2007 5:42:34 PM

come on people, give the gal a break. The majority of the us can find some compassion by looking at that face. remember , justice is not for everybody.

Posted by: testa | Nov 2, 2007 5:41:11 PM

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