Nowak's attorney withdrew a previous motion filed in 2007, which would have left open the opportunity to use an insanity defense in the case. While arguing for pre-trial release Nowak's attorney remarked, "One's good works must count for something".

If it was found not to have occurred, Nowak's attorneys wanted the criminal charges related to the assault and battery to be dropped before trial begins. The woman - astronaut Lisa Nowak - had just driven 14 hours from Houston, later telling police she wore an adult diaper so she didn't heave to stop to use the bathroom, to attack Shipman. Among these items were a handwritten note on USS Nimitz stationery listing Shipman's flight information and "Flight Controller's Log" paper with a handwritten list of more than 24 items, including sneakers, plastic gloves, contacts, cash, an umbrella, and black sweats. Others have been shocked that her criminal behavior has been the subject of parody. According to documents submitted by her lawyer, Nowak was evaluated by two psychiatrists who diagnosed her with obsessive-compulsive personality disorder, Asperger syndrome, a single episode of major depressive disorder and a "brief psychotic disorder with marked stressors" at the time of the incident. Lisa Nowak in July 2006. Some perceived her treatment in the criminal process as lenient. Phone records show that she called him at least 12 times, and sent 7 text messages the day after he returned from his shuttle flight on December 22 that he did not retrieve until December 24 when they had a 7-minute conversation. In a handwritten request for a restraining order against Nowak after her arrest, Shipman referred to Nowak as an acquaintance of a boyfriend but did not identify Oefelein, and also claimed Nowak had been stalking her for two months. She was sentenced to a year's probation and the two days already served in jail, with no additional jail time. On May 15, 2009, it was reported that Nowak would not claim insanity if her case ever went to trial. Nowak told investigators she was involved in a relationship with Oefelein which she described as being "more than a working relationship but less than a romantic relationship". photo src: {multiple issues| }} Pull-Ups is a brand of disposable Training pants made under the Huggies brand of baby p... photo src: GoodNites (Formerly Pull-Ups Goodnites) (Known as DryNites in the UK and some other countries) ... photo src: A diaper (American English) or a nappy (British English) is a type of underwear that allows the wearer to defec... photo src: A diaper (American English) or a nappy (British English) is a type of underwear that allows the wearer t... Charges of attempted kidnapping at Orlando Airport. Under questioning by NASA and military investigators, Oefelein reportedly stated that he had broken off the relationship with Nowak. Must have felt like one of Britney Spears kids," joked Jay Leno. On November 2, 2007, the trial judge suppressed Nowak's initial (pre-Miranda) statements to police, as well as all evidence found in her vehicle, citing police misconduct in their initial search and questioning. There, she was involved in the development of flight training curricula for broad use throughout the Navy. When she got into her car, she heard running footsteps and quickly locked the door. A pre-trial hearing was held on July 17, 2007, and further hearings were to be held on September 19, to argue defense motions to suppress some of the evidence obtained on the day of her arrest. During December and January, over 100 calls were recorded, although it is unclear who called whom.

In March 2011, Nowak petitioned the court to seal the record of her criminal proceedings, citing harm to her family and their livelihood. On February 13, 2007, Nowak pleaded not guilty to the charges of attempted murder and attempted kidnapping.

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