the judge is a Freemason?
(Or Rosicrucian?)
Posted on 11/03/2007 1:09:34 AM PDT by Daffynition
ORLANDO, Fla. -- A Central Florida judge tossed key evidence found during a search of a car belonging to former NASA astronaut Lisa Nowak's and statements she made to Orlando police after her arrest on kidnapping charges.
In an order released Friday, Orange County Circuit Judge Marc Lubet accuses the Orlando Police Department of illegal activity when Nowak was interrogated, Local 6's Jessica D'Onofrio said.
Investigators said Nowak drove from Texas to Florida so she could confront her romantic rival, Colleen Shipman. Both were believed to be dating the same man, astronaut Bill Oefelein.
Nowak was arrested at Orlando International Airport in February and charged with attempted kidnapping and burglary with assault.
During Nowak's interview with police, she claimed she requested a lawyer. However, the detectives' tape recorder could not pick up much of the audio.
A detective denies that Nowak asked for an attorney and also said Nowak gave permission to search her car.
A jury will not see the evidence unless the state wins an appeal of the judge's order, Local 6 reported.
The Orlando Police released a statement Friday night saying, "It is inappropriate for the Orlando Police Department to comment on any aspect of the case at his stage in the proceedings."
Nowak's attorney also released a statement Friday saying, "We are extremely pleased and gratified that Judge Lubet has granted the motions to suppress both Lisa Nowak's statement and the evidence taken from her car last February. Judge Lubet's learned order explains clearly why the statement and evidence was illegally obtained when he states that 'whether a prince or pauper' the Constitution protects everyone equally."
Nowak faces life in prison if convicted of the charges.
A detective denies that Nowak asked for an attorney and also said Nowak gave permission to search her car.
Donut eating idiots. The evidence points toward a premeditated kidnap/murder plot by Nowak and the cops blow the case.
Yep. This will be interesting to follow ........again.
Great now if she is found innocent she will be able to retire from the Navy and receive a 6,000 a month retirement. UGH!!!!!
This case is finished. The military can still force her to retire for conduct unbecoming but otherwise...she can basically walk freely.
As for the Air Force Captain who was “violated”...she can bring a personal lawsuit against the Nowak, and probably win. But otherwise...we have seen the last of this case and the nutty astronaut will one day be a CBS Thursday night movie...which most of us will select Dancing with the Stars instead to watch.
No, a judge decided to overrule the obvious intent of the law and place unreasonable requirements on officers; including presentation and signing of a Miranda form, studio quality recording devices with infinite recording abilities, along with video recordings. Her defense lawyer decided to fire a standard scatter gun suppression motion and got the draw of a sympathetic judge, who is new to the bench and a former criminal lawyer who likely filed the same scatter gun motions.
A considerable body of evidence, from the duffel bag she had when she was arrested, including the BB gun, steel mallet, buck knife, rubber tubing and gloves, continues to be valid evidence. Odds are that the ruling will be overturned, but might not even come into it, as her attorney has hinted at seeking a not guilty verdict by reason of mental defect. Any appeal of this ruling will likely center around the map to the hotel where the car was kept that was in the duffel bag; her statements will likely be introduced by the defense if she seeks the insanity route.
Yeah,
Was Ruth Bader Ginsberg or Sandra Day who said Judges should not be subject to derision for their decisions.
She is wrong, some should be in stocks in the town square to have garbage thrown on them.
The exclusionary rule rears its ugly head once again. Once again relevant evidence to prove a scum bag’s guilt is suppressed by the uber liberal judiciary of our criminal friendly judicial system. It is the worst rule ever invented by liberals. The victim and the public are denied justice because the police did not dot every i and cross every t. It is a rule that protects only the guilty. This sleazo judge used to be a sleazy morally challenged criminal defense attorney before he got on the bench so I am not in the least bit surprised by his ruling.
Thanks for your informed analysis - it makes the situation much clearer.
I believe NASA wants this to go away as quickly and quietly as possible. And since NASA is major bucks to Florida, the “root of all evil” (love of money) will probably triumph again.
Da fix is in...
This is one bizare case. Can’t figure out what was going through her mind. I think this will plead out on some misdemeanor resulting in community service and probation.
“Your honor, the evidence found in the car includes this dirty diaper.”
“Toss it.”
lolz
I got to page 4 of the decision and quite reading. The detective needs to be fired. He is incompetent, and extremely lazy. He has no clue how to conduct an interview or interrogation, set up for one, etc. His failure to have the suspect sign the appropriate waivers is inexcusable, and allowing her to grunt, etc instead of reply in english when she was supposedly waiving her rights is nonsense.
I did not see any reference to donuts or donut eating in the transcript. Perhaps you could point it out to me.
No, the Air Force can prosecute her under the UCMJ.
Exactly. I like the part where she says she was confused because the detective used the phrase "your lawyer" instead of "a lawyer".
A super-intelligent, "best of the best", multiple-degreed United States astronaut is saying she didn't understand a Miranda warning?
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