Wednesday, August 29, 2007

ORLANDO, Fla. (AP) — Former astronaut Lisa Nowak is pursuing a temporary-insanity defense on charges she assaulted and tried to kidnap a romantic rival, according to a court document released yesterday.

Mrs. Nowak suffered from major depression, obsessive-compulsive disorder, insomnia and “brief psychotic disorder with marked stressors,” defense attorney Donald Lykkebak wrote in his notice of intent to rely on the insanity defense.

He also noted that the already petite Mrs. Nowak recently lost 15 percent of her body weight and struggled with “marital separation.”



“Even the most naive observer should recognize that Lisa Nowak’s behavior on Feb. 5 was uncharacteristic and unpredicted for such an accomplished person with no criminal record or history of violence,” Mr. Lykkebak said in a separate public statement.

Mrs. Nowak, 44, was arrested in February after confronting Air Force Capt. Colleen Shipman, the girlfriend of a former space shuttle pilot Mrs. Nowak also had been seeing. The former astronaut purportedly stalked Capt. Shipman at the Orlando airport, then attacked her as the captain arrived at her car.

Police say the married mother of three had driven nearly 1,000 miles from Houston to Orlando, using diapers to avoid taking breaks, and then pepper-sprayed Capt. Shipman while trying to get into her vehicle. Capt. Shipman was able to drive away, and Mrs. Nowak was arrested. Police said she had a duffel bag with her that contained a steel mallet, 4-inch knife and a BB gun.

Mrs. Nowak was charged with attempted kidnapping, battery and burglary with assault and has pleaded not guilty.

She told police that she just wanted to talk to Capt. Shipman to find out “where she stands” in the apparent love triangle.

She was dismissed from the astronaut corps a month after her arrest and has a trial set for September.

At a Florida court hearing on defense motions Friday, Mrs. Nowak apologized to Capt. Shipman.

She also asked to have her electronic monitoring bracelet removed, and her attorney asked the judge to toss out her police interview and evidence from a search of her car. Circuit Judge Marc L. Lubet did not immediately issue a ruling, saying he wanted to hear more from both sides.

The police officer who had interviewed Mrs. Nowak testified Friday that it was the hardest of his career. Detective Chris Becton described a “chess game” in which he and Mrs. Nowak bartered for details and he felt like the interview subject.

Capt. Shipman told the judge she was still scared of Mrs. Nowak. Mrs. Nowak is barred from Brevard County, where Capt. Shipman lives in Florida, and she must file notice to visit the rest of the state.

Two Texas psychiatrists will testify to Mrs. Nowak’s condition at the time of the purported attack, Mr. Lykkebak wrote in the court filing. Under Florida law, defendants pleading insanity must prove they did not understand their actions or the consequences, or didn’t know they were doing anything wrong.

Danielle Tavernier, a spokeswoman for the state attorney’s office, said prosecutors would address the issue in court and declined to elaborate.

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