Nowak lawyer says pepper spray not used

ORLANDO, Fla., Oct. 7 (UPI) -- Former U.S. astronaut Lisa Nowak's lawyer says prosecutors failed to turn over a report that could help clear her of attempted kidnapping and assault charges.

A hearing on the charges against Nowak was scheduled for Wednesday in Orlando, Fla., The Orlando Sentinel reported.

Nowak is charged with attempted kidnapping, battery and attempted burglary with assault. She allegedly drove non-stop from Houston to Orlando in February 2007 to confront Air Force Capt. Colleen Shipman at the Orlando airport as she returned from a visit with Bill Oefelein, Nowak's former boyfriend and colleague. Among other things Nowak was accused of doing was spraying Shipman with pepper spray.

Nowak's defense attorney, Donald Lykkebak, accused prosecutors of failing to give to the defense team a a report by Greater Orlando Aviation Authority emergency response personnel that could help clear Nowak, the newspaper said.

The report purportedly indicates Shipman told medical workers she didn't have contact with pepper spray, didn't experience burnings sensations in her eyes and had no medical problems.

Nowak, free on bond and living in Houston, was not expected to attend the hearing.