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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.
Sutherland was arrested in January after Phoenix police said his DNA was tied to 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.
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
I would have thought this would have been done already?
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