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Romantic rival of former astronaut will be questioned again

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The Associated Press

Published: October 7, 2009

Updated: 10/07/2009 03:46 pm

Lisa Nowak

ORLANDO - Attorneys for a former astronaut will get another chance to question a romantic rival she allegedly drove 1,000 miles to confront, a judge ruled today.

Lisa Nowak is accused of attacking Colleen Shipman in a Florida airport parking lot two years ago. Shipman had begun dating Nowak's love interest, former space shuttle pilot Bill Oefelein.

Circuit Judge Marc Lubet ruled that Nowak's attorneys could depose Shipman for a second time to determine if she was actually touched by pepper spray during the confrontation.

Nowak's attorneys have a report from emergency technicians that raises questions about whether Shipman was sprayed. That issue is important because Nowak's attorneys want one of her criminal charges thrown out if Shipman wasn't harmed by the pepper spray.

Nowak's attorneys have filed a motion asking that the charge called "burglary with an assault or battery with a weapon" be tossed out since the pepper spray she allegedly wielded isn't a dangerous weapon and didn't touch her alleged victim.

The judge didn't rule on that motion.

Nowak's attorneys also can question police officers and detectives who investigated the case and review the Orlando Police Department's case file to make sure they have seen all crucial documents, Lubet said.

Nowak was not in court during the half-hour hearing.

Authorities alleged Nowak drove from Houston to Orlando in February 2007 to confront Shipman, who had begun dating Nowak's love interest, Oefelein. Both Nowak and Oefelein were forced out of the astronaut corps.

The trial is set for Dec. 7. The other charges against Nowak are attempted kidnapping and battery with assault.

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