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ORLANDO - Former Nasa astronaut Lisa Nowak, charged over an alleged attack on a romantic rival, testified that police searched her car without her consent as she sought to have some evidence thrown out.
The hearing marked the first time that Nowak, who once flew on the space shuttle, and Air Force Capt. Colleen Shipman, her rival for the affections of Bill Oefelein, then also an astronaut, appeared at the same time before a Florida court.
Nowak said she did not give her consent for police to search her blue BMW on February 6, which her lawyer argued meant evidence of weapons purchases and Nowak's cross-country trip to confront Shipman at the Orlando International Airport cannot be used against her.
"I didn't get the impression that my consent was involved at all. It was going to happen," Nowak said in subdued tones and without expression. "He (detective) asked many times for consent and said he would get a search warrant anyway."
Nowak is scheduled for trial September 24 on charges of attempted kidnapping, battery and burglary stemming from allegations she stalked and attacked Shipman after driving from Texas to Florida - wearing diapers, according to police, so she wouldn't have to stop.
Nasa fired Nowak and Oefelein, who was dating Nowak and Shipman.
Orlando Police Det. William Becton, who conducted the search, testified that his 5-hour interrogation of Nowak was the hardest of his career and felt like a chess match.
He said Nowak consented to the search when he asked. "She responded with an 'mm-hmm' and a slight nod of the head indicating it was OK," he said.
The judge ruled from the bench that the defence had made a strong case that there was no warrant for the search, shifting the burden to prosecutors to prove that it was a legal search.
Nowak's lawyer Donald Lykkebak grilled Becton on his claim that he advised Nowak of her constitutional "Miranda" rights to remain silent before conducting the interrogation.
Becton acknowledged he did not read Nowak her rights verbatim from a printed card typically carried by police or get her to sign a waiver of those rights, relying on a tape recording with several inaudible portions.
Becton also told the court he found two used diapers in Nowak's car and unused children's diapers in the trunk.
"She said she used the diapers in order that she doesn't have to make as many stops," he said. "I asked her if they were used by her and she said they were."
Florida Judge Marc Lubet will rule at a later date on all three defence motions to exclude Nowak's statements to police, to throw out evidence from the search and to free Nowak from a requirement that she wear a GPS ankle bracelet to monitor her whereabouts, a court spokeswoman said.
Shipman testified against Nowak's request to remove the electronic monitor from her ankle. "When I'm home alone without my boyfriend, it gives me comfort," Shipman said.
- REUTERS
