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From Orlando Sentinel [FL]
Former astronaut Lisa Nowak will claim temporary insanity
By Sarah Lundy
Sentinel Staff Writer
August 28, 2007
Former astronaut Lisa Nowak plans 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, severe insomnia and obsessive-compulsive
disorder. 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 will present if
the case goes to trial next month. Details of any psychiatric
evaluations will not be made public -- a decision made months ago by
Orange Circuit Court Judge Marc Lubet.
"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 psychological
disorders. The text, commonly known as the DSM-IV, contains the criteria
for diagnosing the disorders.
The plea 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.
