The Eastern New Mexico News - Serving Clovis, Portales and the Surrounding Communities

By CNJ Staff 

Defense motions denied


September 9, 2006

Motions by the defense team for a Cannon airman charged with murder in connection with the death of his wife were denied during a hearing held this week at Cannon Air Force Base, according to a press release.

Defense counsel on Thursday requested a Cannon judge hold a new Article 32 investigation, or evidenciary hearing, and separate charges against Airman Edward Novak II, the release said.

In October 2004, Kimberly Novak, 20, was found dead in the military housing unit she shared with her husband and infant daughter. The cause of death was determined to be blunt force trauma to the head and neck, officials said.

Edward Novak is charged under military law with the murder of his wife, and with child endangerment.

After hearing information and testimony from both sides during the two-day hearing, the presiding military judge denied requests for a new evidenciary hearing and to separate charges.

A defense motion requesting a mitigation expert specializing in clinical social work is still being considered by the judge, the release said.

Future hearings are being scheduled and dates will be released as they become available, according to the release.

In June, an Article 32 investigation, or evidentiary hearing, was held that determined sufficient evidence against Edward Novak warranted a trial. He could face the death penalty if convicted.


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