Orlando Circuit Judge Marc Lubet, who also suppressed evidence found in Nowak's car, said investigators failed to make clear her rights to an attorney before questioning her and failed to get a written waiver of her Miranda rights, the Orlando Sentinel reported. Prosecutors had argued she was read her rights and did understand what she was doing.
Nowak, 44, is charged with attempted kidnapping, battery and attempted vehicle burglary in connection with an alleged attack on U.S. Air Force Capt. Colleen Shipman in a parking lot at Orlando International Airport. The women had romantic relationships with Navy Cmdr. Bill Oefelein, who also was an astronaut..
Nowak, who was a NASA astronaut at the time, allegedly wore an adult-size diaper while she drove from Houston to Orlando where she allegedly pepper-sprayed Shipman Feb. 5.
Her trial is set for March 12.