Diaper evidence OK for astronaut’s trial

[unhappycamper]

Diaper evidence OK for astronaut’s trial
The Associated Press
Posted : Saturday Dec 6, 2008 12:55:34 EST

DAYTONA BEACH, Fla. — Diapers, latex gloves and other items found in an ex-astronaut’s car can be used as evidence when the woman accused of driving 1,000-miles to confront a romantic rival goes to trial, an appeals court ruled.

But the three-judge panel said Friday that Lisa Nowak’s six-hour police interview after her arrest cannot be used.

Nowak, a Navy captain, has pleaded not guilty to attempted kidnapping, battery and burglary with assault. She is accused of trying to abduct Air Force Capt. Colleen Shipman from the Orlando International Airport in February 2007. Nowak and Shipman were vying for the affections of the same space shuttle pilot.

A lower court judge also threw out Nowak’s comments from the interview, saying investigators took advantage of the former astronaut, who had not slept for more than 24 hours, coercing her into giving information.

“The trial court applied the correct legal standards in determining that Nowak neither waived her Miranda rights, nor voluntarily spoke with police,” the appeals panel ruled. “Consequently, the state cannot use the statements that Nowak made during her custodial interview with police as part of its direct case.”


Rest of article at: http://www.navytimes.com/news/2008/12/ap_astronautarrested_120608/%2e

[Berry Cool]

1. Sounds like shitty evidence to me. n/t