New Details Surface In Astronaut Love Triangle

New developments surfaced Tuesday in the case against former astronaut Lisa Nowak. Eyewitness News obtained the transcript of testimony (read transcript) that could undermine defense claims Nowak never pepper-sprayed the romantic rival she allegedly tried to kidnap.

If the pepper-spraying gets thrown out at a hearing Wednesday, so does the most serious charge Lisa Nowak is facing. The pepper spraying is the basis for the possible life felony involving car burglary and battery.

TRANSCRIPT: Federal Agent Talks About Pepper-Spray MOTION: Defendant Wants Sanctions Imposed VIDEO REPORT: Nowak Case Heads Back To Court

The case hinges on whether the spray got into Colleen Shipman's car and Wednesday's hearing is about whether the state withheld evidence that could dispute that.

Almost three years ago, Colleen Shipman told police former astronaut Lisa Nowak, who was in disguise, had pepper-sprayed her through her car window. Shipman said her eyes were burning and her nose was running. A transcript that Eyewitness News received shows a federal agent said paramedics gave her a special rinse for her eyes and she rinsed them in a ladies room.

However, the defense has dug up a medical document showing Shipman denied "direct contact" with the spray or "any burning sensation." Regardless of whether the defense is taking that out of context, WFTV legal analyst Bill Sheaffer says the defense had a right to that document before questioning Shipman under oath.

"She's the only witness to the alleged crime, therefore any inconsistent statements she made become very, very important," Sheaffer said.

The defense is arguing that prosecutors should have had the document and turned it over, so they are responsible.

"The court could order the depositions of Shipman and the others be allowed for a second time in light of this document," Sheaffer said.

Sheaffer doesn't expect Nowak's charges to be thrown out at the hearing, but if they are he would expect prosecutors to appeal it to a higher court and win, because the problem can be fixed with the less severe remedy of letting the defense question Shipman again.