Tuesday, April 9, 2019

Judge orders former Hacienda nurse accused of raping patient to take HIV test pending appeal


by Bree Burkitt, Arizona Republic

A Maricopa County Superior Court Judge ordered the former Hacienda HealthCare nurse accused of raping and impregnating an incapacitated woman under his care to undergo testing for HIV and sexually transmitted diseases Tuesday.

The state motioned for Nathan Sutherland, who turns 37 at the end of the month, to give the test results to the victim. Judge Roger Hartsell signed off on the order last month, but defense attorney Edward Molina requested a hearing on the matter as he argued the move was unconstitutional.

During Tuesday's hearing, Molina told the court the order violated Sutherland's Fourth Amendment right protecting him from unreasonable search and seizure because the state doesn't have any probable cause to suspect Sutherland has HIV or other STDs.

He's seen no indication the Maricopa County Attorney's Office believes Sutherland or the alleged victim has either disease during his review of the evidence in the case.

Molina questioned why the victim wasn't tested as she's currently in a round-the-clock care facility. The victim has likely already been tested in the months since she gave birth in December, he continued.


"At this point, it's a fishing expedition with nothing to support it," he said. "...Not even a scintilla of evidence."

He also expressed concerns that the blood drawn for the tests could be used as evidence against Sutherland. Hartsell noted that wouldn't happen as the results would be turned over to the Arizona Department of Health for the victim and Sutherland.

But the state argued any symptoms of HIV or other STDs might not manifest for months. Testing is crucial to early detection and treatment.

Hartsell ultimately denied Molina's motion, upholding the order for Sutherland to be tested.

The order will be stayed for three weeks as Molina files a petition for special action — an expedited appeal — with the Arizona Court of Appeals. The testing will only occur if the appeal is denied.


Sutherland pleaded not guilty to multiple charges of sexual assault and vulnerable-adult abuse in February. He is being held in a Maricopa County jail on a $500,000 cash-only bail.

Hacienda HealthCare staff said they didn't know the female patient was pregnant until she gave birth to a boy on Dec. 29. Court records describe the woman as "not alert" and needing a "maximum level of care." She has since been removed from Hacienda and her parents are taking care of the baby.


Police said Sutherland was primarily responsible for the woman's care at the time of the assault. He began working at Hacienda in 2012 and was promptly fired after the facility learned of his arrest.

He's since voluntarily surrendered his license to the Arizona State Board of Nursing.

Full Article & Source:
Judge orders former Hacienda nurse accused of raping patient to take HIV test pending appeal

See Also:
Arizona care unit where incapacitated woman gave birth to stay open

Hacienda HealthCare to cease operation at South Phoenix facility

Arizona governor calls for stronger protections after incapacitated woman’s pregnancy

Ex-nurse accused of impregnating a severely disabled Arizona woman pleads not guilty

Lawyer: No proof nurse raped Arizona patient who had baby

Nurse arrested in rape of woman in vegetative state who gave birth at care facility

Center where comatose woman had baby faced criminal probe

Lawyer: Incapacitated woman who gave birth not in coma

Patient alleges abuse at Hacienda Healthcare, two staff members placed on leave

Facility CEO resigns after woman in vegetative state gives birth; new allegations emerge

Patient in vegetative state gives birth, sex abuse investigation underway: report

1 comment:

  1. I would have thought this would have been done already?

    ReplyDelete