DAYTONA BEACH, Fla., Dec. 5 (UPI) -- Prosecutors may use evidence seized from ex-astronaut Lisa Nowak's car in her trial for allegedly attacking a romantic rival, a Florida court appeals has ruled.
However, the three-judge panel upheld a lower court finding that police did not properly read Nowak her Miranda rights, Florida Today reported. That means a statement she gave will be barred as evidence.
"The trial court applied the correct legal standards in determining that Nowak neither waived her Miranda rights, nor voluntarily spoke with police," the court said in its decision Friday.
Nowak is charged with attempted kidnapping, battery and attempted burglary with assault. She allegedly drove non-stop from Houston to Orlando, Fla., in February 2007 to confront Air Force Capt. Colleen Shipman at the airport as she returned from a visit with Bill Oefelein, Nowak's former colleague and boyfriend.
One piquant detail made national headlines. Police found used adult diapers in the car and Nowak allegedly said she wore them so she would not have to stop during the trip.
A trial date has not been set.
