Former astronaut wants ankle bracelet off as she awaits trial

Thursday, August 09, 2007

(8/09/07 - ORLANDO, FL) -- Former astronaut Lisa Nowak wants a judge to let her remove the ankle bracelet that allows authorities to track her location as she awaits trial for allegedly attacking a romantic rival, saying it is "an unnecessary and excessive expense."

Nowak is paying $105 a week -- $2,940 so far -- for the monitoring device as a condition of her release, according to a court filing her attorney says was made Thursday. The clerk at the Circuit Court in Orange County could not find the filing, but said it could be in the pipeline.

Nowak also argues that the device interferes with her ability to exercise, which is a requirement for a Navy officer, and her ability to drive, fly on a commercial airplane and monitor her children in the pool.

"The device is not small, comfortable, lightweight or unobtrusive as its supplier would have one believe," the filing says.

Nowak has pleaded not guilty to charges of attempted kidnapping, battery and burglary with assault. She is accused of attacking another woman, Air Force Capt. Colleen Shipman, in a parking lot at Orlando International Airport last February. Nowak told police she and Shipman were vying for the affection of former astronaut Bill Oefelein.

Kepler Funk, an attorney for Shipman, said he planned to fight the motion.

"Assuming the judge allows me to speak on the topic, I'm going to tell the judge that Ms. Shipman still has fear regarding Ms. Nowak," Funk said.

In an interview with detectives, Nowak says she confronted Shipman because she wanted to know "where she stands" in the bizarre love triangle.

Nowak, 44, allegedly attacked Shipman with pepper spray and tried to jump into her vehicle. Police say Nowak was carrying a duffel bag with a steel mallet, 4-inch knife and a BB gun.

State Attorney's Office spokeswoman Danielle Tavernier said prosecutors had no immediate comment on the motion, but would address it in court.

The motion also calls the bracelet a potential safety hazard. It says Nowak has been driving to work as its low battery alarm sounded. The battery must be changed in one or two minutes before it emits a loud siren, Nowak's defense said.

Nowak's attorneys also say the bracelet's manufacturer has used her case for publicity in violation of privacy rights. Without naming the company, the motion says its president "invited media to his office and specifically shared what his device could reveal about Lisa Nowak" around May 2. The Associated Press published a story that day about the company and former astronaut.

Nowak was dismissed from the astronaut corps a month after her arrest and assigned to the Naval Air Station Corpus Christi in Texas. Her trial is set for September. Oefelein was dismissed from the corps at the beginning of June.

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