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Oct. 7, 2009 / 7:55 AM

Nowak lawyer says pepper spray not used

At left, Mission Specialist Lisa Nowak of the STS-121 pictured in a June 13, 2006 file photo at NASA's Kennedy Space Center in Florida to take part in a Terminal Countdown Demonstration Test, or TCDT. At right, Nowak is pictured in her police mug shot taken by the City of Orlando Police Department on February 5, 2007. Nowak was fired from NASA on March 7, 2007 after being charged on February 6, 2007 with attempted kidnapping and burglary with assault related to an incident with crew mate Colleen Shipman. Orlando Police say that Nowak drove 900 miles and donned a disguise before confronting Shipman, who she believed was a competitor for the affections of Navy Cmdr. William Oefelein, an unmarried fellow astronaut. (UPI Photo/NASA/Orlando Police Department/FILE)

At left, Mission Specialist Lisa Nowak of the STS-121 pictured in a June 13, 2006 file photo at NASA's Kennedy Space Center in Florida to take part in a Terminal Countdown Demonstration Test, or TCDT. At right, Nowak is pictured in her police mug shot taken by the City of Orlando Police Department on February 5, 2007. Nowak was fired from NASA on March 7, 2007 after being charged on February 6, 2007 with attempted kidnapping and burglary with assault related to an incident with crew mate Colleen Shipman. Orlando Police say that Nowak drove 900 miles and donned a disguise before confronting Shipman, who she believed was a competitor for the affections of Navy Cmdr. William Oefelein, an unmarried fellow astronaut. (UPI Photo/NASA/Orlando Police Department/FILE) | License Photo

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.

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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.

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