Astronaut Nowak can remove ankle traking system

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BREAKING NEWS: Judge says former NASA astronaut Lisa Nowak can remove ankle monitor
Sarah Lundy

Sentinel Staff Writer

3:54 PM EDT, August 30, 2007

Former NASA astronaut Lisa Nowak will soon no longer be tracked by a GPS monitoring device strapped to her ankle.

Orange Circuit Court Judge Marc Lubet released his written ruling today on the motion after he heard arguments during an Aug. 24 hearing. (Read the full text of the judge's order [PDF].)

Nowak complained the monitoring device on her ankle is costly and bulky. She told the judge that it is a hassle to travel by plane and she can't exercise or adequately supervise her children at the pool.

Those aren't the reasons Lubet stated as to why he granted the motion. He pointed out that Nowak -- who has no prior criminal record -- has not violated any rules since being released seven months ago. She will be allowed to travel anywhere in the country other than Brevard County. That's the home of Nowak's alleged victim, astronaut Colleen Shipman.

Shipman stated during the hearing that she fears Nowak, yet she chose to travel to Houston -- where Nowak lives -- to visit her boyfriend.

"It is clear to this Court that the electronic monitoring GPS device does not fulfill its intended purpose of protecting Ms. Shipman," Lubet wrote in the six-page ruling.

Nowak, 44, a mission specialist on shuttle Discovery's flight in July 2006, was charged with attempted kidnapping of Shipman and burglary with assault, which is punishable by up to life in prison. She also was charged with misdemeanor battery.

She is accused of driving from Houston to Orlando International Airport to confront Shipman, an Air Force captain who was dating Nowak's love interest, Bill Oefelein, then also an astronaut.

Lubet did add some restrictions that Nowak must follow.

She can't have any contact with Shipman and Oefelein -- other than through their attorneys. Nowak can't travel to Virginia, Washington, D.C., Maryland or Delaware without getting approval from the court first. Oefelein currently lives in Virginia.

She can't come to Florida for any reason other than to make court appearances, meet with her attorney or perform official military duties without court approval. Nowak also must notify Shipman's lawyers of the dates she will be in Florida.

If she violates these conditions, Nowak -- a Navy captain -- faces more than court consequences. Lubet spoke to Nowak's commanding officer who will issue a formal military order incorporating the new rules. If she violates them, she will be subject to discipline under the Uniform Code of Military Justice.

Lubet has not ruled on two other motions discussed at the Aug. 24 hearing. Her attorney, Donald Lykkebak, is trying to get Nowak's statements to the cops and the items seized from her car tossed out as evidence if the case goes to trial. A date to hear more testimony has not been set yet.

http://www.orlandosentinel.com/news/space/orl-bk-nowak083007,0,2238437.story