Nowak 1; NASA 0
A Florida judge Friday handed a legal victory to a former astronaut [Lisa Nowak] accused of assaulting a romantic rival [Colleen Shipman], ruling evidence found in her car and statements she made to police after her arrest were inadmissible at trial. ...no written consent was obtained to search her car.
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On the audiotape of the interview [and Miranda rights], there was no audible response from Nowak on whether she understood that her statements could be used against her in court, and when she was asked whether anyone had threatened or promised her anything to get her to talk to police, [Judge] Lubet wrote. "Thus, there is nothing in either the audio recording or the transcript of the interview that demonstrates that defendant understood these two rights and waived them."
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she was "subjected to a barrage of questions" beginning in the predawn hours and was questioned for six hours without being given the opportunity to sleep or make a phone call. "Defendant had not slept during the preceding 24 hours," the judge said.
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Nowak's attorneys in August filed a notice of intent to rely on an insanity defense, saying in court documents her diagnoses include a litany of more than a dozen psychiatric disorders.
http://www.cnn.com/2007/US/law/11/02/nowak.ruling/index.html
As Foxtrot puts it, "And she made it into the astronaut corps how?"
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On the audiotape of the interview [and Miranda rights], there was no audible response from Nowak on whether she understood that her statements could be used against her in court, and when she was asked whether anyone had threatened or promised her anything to get her to talk to police, [Judge] Lubet wrote. "Thus, there is nothing in either the audio recording or the transcript of the interview that demonstrates that defendant understood these two rights and waived them."
...
she was "subjected to a barrage of questions" beginning in the predawn hours and was questioned for six hours without being given the opportunity to sleep or make a phone call. "Defendant had not slept during the preceding 24 hours," the judge said.
...
Nowak's attorneys in August filed a notice of intent to rely on an insanity defense, saying in court documents her diagnoses include a litany of more than a dozen psychiatric disorders.
http://www.cnn.com/2007/US/law/11/02/nowak.ruling/index.html
As Foxtrot puts it, "And she made it into the astronaut corps how?"