Prosecutors appeal judge’s decision in Nowak case

Judge had ruled that police did not properly advise former astronaut of her rights

Nowak, a native of Rockville, was accused of driving 900 miles from Houston to Orlando to confront Colleen Shipman at Orlando International Airport. Shipman is reportedly Nowak’s rival in a love triangle involving Navy Cmdr. William Oefelein.

Nowak allegedly attacked Shipman with pepper spray after attempting to get in her car.

Orlando detectives made threats and promises of leniency to coerce Nowak to confess during the lengthy interrogation without properly advising her of her Miranda rights, according to a Nov. 2 ruling issued by Lubet.

In his decision, Lubet said Detective William ‘‘Chris” Becton failed to answer when Nowak asked whether she needed a lawyer and ‘‘minimized” the Miranda rights.

‘‘[Nowak] did not knowingly and intelligently waive her Miranda rights and her statements were involuntarily made under the totality of the circumstances,” Lubet wrote.

Nowak also did not give written consent to search her car, Lubet wrote, and the evidence collected in her car, which included garbage bags, maps and soiled diapers.

Nowak’s defense has maintained that Nowak never wore the diapers, although Becton claims she did.

‘‘It was mere speculation by Detective Becton that there was any evidence of a crime contained in [Nowak’s] car,” Lubet wrote.

Nowak’s lawyer, Donald A. Lykkebak, said he is ‘‘extremely pleased and gratified” with Lubet’s decision.

Additional evidence collected on Nowak at the time of her arrest included a duffel bag containing a mallet, BB gun, knife, surgical tubing, garbage bags, a black wig and Latex gloves.

Whether that evidence is still included in the case remains to be seen, Marti Mackenzie, Lykkebak’s spokeswoman, said after the judge issued his decision.

Nowak’s trial is scheduled for April 7.