Judge Allows Nowak to Remove Tracking Device

In yet another twist to an already bizarre case, an ex-astronaut accused of assaulting another astronaut over a matter of the heart has been allowed by a judge to get rid of the electronic monitoring device she was asked to wear on her ankle during the period leading up to her trial.

Making the ruling Thursday, Judge Marc Lubet of the Orange County Circuit Court said he was ordering the removal of the bracelet based on two factors: the inability of the device to serve the intended purpose and the defendant’s lack of a prior criminal record.

Judge Lubet said he was recommending removal of the device not on the strength of the defense plea that it was uncomfortable and expensive to maintain, but because he did not see the device serving the original purpose for which it was intended, which was the safety of the alleged victim in the assault case, Air Force Captain Colleen Shipman.

In his ruling, the judge wrote that though the victim had earlier testified she wanted the device to remain as she was afraid of Nowak, she had gone ahead and visited her boyfriend in Houston, Texas, also Nowak’s hometown. While that itself was not a crime, Shipman’s visits to Houston rendered the tracking device useless, as Nowak was free to move about unrestrained in Houston.

The judge also ruled Nowak would be liable to additional penalization from the military if she broke any of the conditions set for her pretrial release. He further ordered the defendant should not have any contact with either the victim or her boyfriend, and refrain from going to Virginia, Washington, Maryland, Delaware or Brevard County, Florida, without prior approval of the court.

Nowak’s lawyer Don Lykkebak said his client was relieved on hearing the ruling. In a statement, Nowak said it was a relief not to have to worry about the bracelet while driving around, and that she was looking to get back to her regular aerobic fitness programs now.

Nowak had earlier made headlines in February, when she drove almost 900 miles from Houston to Orlando, wearing diapers to reduce the toilet stoppages on the way. She was alleged to have gone to Orlando International Airport in disguise on February 5, enticed Shipman to open her car window, and sprayed her with pepper spray.

She was apprehended as she was ditching her disguise in a trash can in the airport. She has three charges against her –attempted kidnapping with intent to cause bodily harm, battery, and burglary of a vehicle using a weapon.

On March 22, the 44-year old Nowak pled not guilty to all the charges. She said she had gone to the airport to just have a talk with Shipman, who was at that time dating Nowak’s ex-boyfriend, Navy Cmdr. Bill Oefelein, another astronaut. Her case is slated to go to trial next month. If found guilty, she could be sentenced to life in prison.