08-29-2007, 04:53 PM
Former astronaut Lisa Nowak files notice for insanity defense
Former astronaut Lisa Nowak intends to claim she was temporarily insane when she attacked Colleen Shipman on Feb. 5 at the Orlando International Airport.
Her attorney, Donald Lykkebak, filed a notice of this type of defense late Monday with the Orange County Clerk of Courts.
Some of the reasons listed in the notice include "a single episode" of major depressive disorder, obsessive-compulsive disorder and severe insomnia. The plea also notes Nowak's marriage problems and inability to confide in family members or others, as well as her large weigh loss.
It also diagnoses Nowak with Asperger's Disorder, a condition with autistic-like symptoms that causes problems with social skills and can lead to eccentric behavior.
This is the first hint of the type of defense Lykkebak might present if the case goes to trial next month. A spokesperson for Lykkebak said if this case does go to trial, attorneys might choose not to pursue the insanity defense.
Details of any psychiatric evaluations will not be made public -- a decision made months ago by Orange Circuit Court Judge Marc Lubet, who has been considering defense arguments to exclude some evidence collected in the aftermath of the February incident.
"Court rules dictate that the defense provide notice of mental health issues in a criminal case," according to a statement released by Lykkebak's office today. "Even the most naive observer should recognize that Lisa Nowak's behavior on February 5 was uncharacteristic and unpredicted for such an accomplished person with no criminal record or history of violence. We have mental health experts to help explain this brief episode."
The statement also says: "The defense will not change course. For now we look forward to completing the hearing on our pending motions that Lisa Nowak's constitutional rights were abused during interrogation and the search of her vehicle."
The notice contains language and numbered references to the Diagnostic and Statistical Manual of Mental Disorders, which is the standard text that mental health professionals use to classify pscyhological disorders. The text, commonly known as the DSM-IV, contains the criteria for diagnosing the disorders.
The document lists two psychiatrists in Texas who will be Lisa Nowak's defense experts. One is Dr. Richard Pesikoff, who is identified in published reports as an expert for Andrea Yates, a mother accused of drowning her five children in 2001. She eventually was found not guilty by reason of insanity.
An insanity defense in Florida requires that the defendant have a mental disorder that causes her not to know what she is doing or its consequences; if she did know what she was doing and its consequences, then she must not know what she was doing was wrong, according to Florida law.
The law requires that the defense prove the insanity.
Lubet has not ruled on any of the three motions argued in court on Friday. The hearing -- which lasted more than five hours -- ended at 3 p.m. with more testimony planned. Another hearing date has not been set.
The judge is expected to rule on one of the motions -- if Nowak can be released from GPS monitoring device on her ankle -- this week. He will rule on the two motions to suppress statements she made to the cops and the items seized in her car after the next hearing date.
More articles
Copyright © 2007, Orlando Sentinel
Former astronaut Lisa Nowak intends to claim she was temporarily insane when she attacked Colleen Shipman on Feb. 5 at the Orlando International Airport.
Her attorney, Donald Lykkebak, filed a notice of this type of defense late Monday with the Orange County Clerk of Courts.
Some of the reasons listed in the notice include "a single episode" of major depressive disorder, obsessive-compulsive disorder and severe insomnia. The plea also notes Nowak's marriage problems and inability to confide in family members or others, as well as her large weigh loss.
It also diagnoses Nowak with Asperger's Disorder, a condition with autistic-like symptoms that causes problems with social skills and can lead to eccentric behavior.
This is the first hint of the type of defense Lykkebak might present if the case goes to trial next month. A spokesperson for Lykkebak said if this case does go to trial, attorneys might choose not to pursue the insanity defense.
Details of any psychiatric evaluations will not be made public -- a decision made months ago by Orange Circuit Court Judge Marc Lubet, who has been considering defense arguments to exclude some evidence collected in the aftermath of the February incident.
"Court rules dictate that the defense provide notice of mental health issues in a criminal case," according to a statement released by Lykkebak's office today. "Even the most naive observer should recognize that Lisa Nowak's behavior on February 5 was uncharacteristic and unpredicted for such an accomplished person with no criminal record or history of violence. We have mental health experts to help explain this brief episode."
The statement also says: "The defense will not change course. For now we look forward to completing the hearing on our pending motions that Lisa Nowak's constitutional rights were abused during interrogation and the search of her vehicle."
The notice contains language and numbered references to the Diagnostic and Statistical Manual of Mental Disorders, which is the standard text that mental health professionals use to classify pscyhological disorders. The text, commonly known as the DSM-IV, contains the criteria for diagnosing the disorders.
The document lists two psychiatrists in Texas who will be Lisa Nowak's defense experts. One is Dr. Richard Pesikoff, who is identified in published reports as an expert for Andrea Yates, a mother accused of drowning her five children in 2001. She eventually was found not guilty by reason of insanity.
An insanity defense in Florida requires that the defendant have a mental disorder that causes her not to know what she is doing or its consequences; if she did know what she was doing and its consequences, then she must not know what she was doing was wrong, according to Florida law.
The law requires that the defense prove the insanity.
Lubet has not ruled on any of the three motions argued in court on Friday. The hearing -- which lasted more than five hours -- ended at 3 p.m. with more testimony planned. Another hearing date has not been set.
The judge is expected to rule on one of the motions -- if Nowak can be released from GPS monitoring device on her ankle -- this week. He will rule on the two motions to suppress statements she made to the cops and the items seized in her car after the next hearing date.
More articles
Copyright © 2007, Orlando Sentinel
