[Defense attorney] Mr. Lykkebak also vehemently criticized the police and the news media for their discussion of the diapers, calling it the “biggest lie in this preposterous tale.” Any diapers in the car, he said, were left over from her family’s evacuation from Houston for Hurricane Rita in 2005.

Another problem for the prosecution:

Last month, Mr. Lykkebak filed papers in the case that focused on a report from emergency medical technicians on the night of the confrontation, in which Captain Shipman declined medical treatment for exposure to pepper spray and “denied direct contact” with the spray before being questioned by police. Mr. Lykkebak argued in court filings that this report undercut Captain Shipman’s contention to police that she had been doused with the spray and injured.

Air Force captain, Colleen Shipman, the female victim, and and ex-astronaut and Navy Cmdr. William A. Oefelein, who was seeing both women, are now engaged and living in Alaska. Both have retired from the military. (Oefelein and Nowak were both dropped from the Astronauts Corps.)