ORLANDO, Fla. (AP) – A former astronaut accused of driving 1,000 miles to confront a romantic rival asked Friday for another hearing in hopes of getting evidence seized from her car tossed out for trial.
Earlier this month, a three-judge appellate panel ruled that statements Lisa Nowak made to police could not be used at her trial since she didn’t knowingly waive her Miranda rights after her arrest at the Orlando International Airport almost two years ago.
But the panel said items found in her car could be used even though detectives found them based on the information Nowak gave them. The panel ruled that the evidence would have been found by means other than Nowak’s statements during the investigation.
Nowak’s attorney, Donald Lykkebak, filed a motion Friday asking for a rehearing before the appellate court, contending it was improbable detectives would have found her car since it was 21/2 miles away from where she was arrested.
Nowak was charged with attempted kidnapping, burglary and battery with assault after her arrest in February 2007. Her attorney has filed notice of intent to use an insanity defense.
The police report said Nowak wore diapers during her trip from Houston, Texas, to the Orlando airport so she wouldn’t need to stop to use the bathroom.
At the time of her arrest, the police found a steel mallet, a knife, a BB pistol, rubber tubing and several large garbage bags.
Nowak, a Navy captain, was dismissed from the astronaut corps after her arrest and has since been on active duty at a Navy base in Corpus Christi, Texas.
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