Prosecutors Tuesday were expected to ask the 5th District Court of Appeal to reverse Circuit Court Judge Marc Lubet's ruling that bans the items from being admitted in court if the case goes to trial, the Orlando Sentinel reported.
Nowak, 45, remains free on bail and lives in Houston. She is charged with attempted kidnapping and burglary with assault and battery in a February 2007 attack on Capt. Colleen Shipman, who was dating Nowak's former love interest, Cmdr. Bill Oefelein, also a space shuttle astronaut.
Last November, Lubet ruled Orlando police did not properly obtain permission to search Nowak's vehicle, which police allege contained a wig, trench coat, trash bags and a knife.
Prosecutors said they do have other evidence, including a mallet and a BB gun allegedly taken from Nowak's duffel bag when she was arrested, the Sentinel reported.
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