Judge limiting lawyers' contact with media in Nowak case

Thursday, April 05, 2007

(4/5/07 - ORLANDO, FL) -- The judge presiding over the trial of fired astronaut Lisa Marie Nowak asked lawyers on both sides Thursday to limit media contact, and temporarily sealed court documents that were to be released soon.

Nowak is accused of trying to kidnap a rival for a space shuttle pilot's affections.

The case has drawn international attention, and Orange County Circuit Judge Marc L. Lubet said he was "just trying to keep the media frenzy down to a dull roar."

Lubet did not bar attorneys from talking to reporters, but told both sides they weren't allowed to issue any "press releases." Neither the defense nor the prosecution objected, but neither had sought any restrictions.

Nowak was fired from NASA about a month after her Feb. 5 arrest. Police say she drove from Houston to Florida to confront Air Force Capt. Colleen Shipman in an Orlando airport parking lot and then pepper-sprayed her. Shipman, who was dating astronaut Bill Oefelein, was able to get away.

Police reported finding a BB gun, steel mallet, knife and rubber tubing in Nowak's car.

Nowak, 43, a married mother of three, has pleaded not guilty to charges of attempted kidnapping, burglary with assault and battery. She is free on bail but did not attend the hearing Thursday.

Some documents in the case were due for public release under state law as early as this week, prosecutors told the judge.

Defense attorney Donald Lykkebak, however, said the release of some of those documents, such as the search warrant papers for Nowak's car, would violate her privacy.

"They took a whole bunch of stuff -- personal stuff, that won't be evidence in the case," Lykkebak said.

Lubet ordered that the documents remain sealed and set a hearing for Monday to consider their release. The judge also ordered that Nowak's psychological evaluations be sealed, kept out of the court file and stored in his chambers.

"All of the things I'm doing are in an effort to see that the state and Miss Nowak get a fair trial," Lubet said.

Lubet also said he wanted the trial to start in September instead of July. Lykkebak said that likely wouldn't be a problem; he had requested more time to evaluate his client's mental health for a potential insanity defense.

Nowak, a Navy captain, is to begin a new job at Naval Air Station Corpus Christi by the end of the month.

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