National Association to Stop Guardian Abuse: Trial of man accused of raping incapacitated woman at Hacienda Healthcare delayed

Thursday, February 20, 2020

Trial of man accused of raping incapacitated woman at Hacienda Healthcare delayed

"When I set this trial, and I thought I was clear the last time, it's gonna be a firm trial date," the judge said. "I will not continue this case again for any reason -- period."

PHOENIX (3TV/CBS 5) – The man accused of sexually assaulting a helpless patient and fathering her child while she was in his care at Hacienda Healthcare in 2018 will not go on trial as scheduled. The decision came down at a court hearing Tuesday morning.

[CONTINUING COVERAGE: Hacienda Healthcare Investigation]

The trial of Nathan Sutherland, who was arrested a month after an incapacitated woman gave birth at Hacienda Healthcare in December 2018, was slated to start on Tuesday, Feb. 25. Detectives say DNA confirmed Sutherland is the baby’s father. Nobody knew the woman was pregnant until she gave birth.

[LISTEN: 911 call from December 29, 2018]

[RELATED: Phoenix police arrest 36-year-old nurse in Hacienda HealthCare rape (Jan. 23, 2019)]

[WATCH: Phoenix police, mayor announce Hacienda Healthcare arrest]

DECISION TO DELAY TRIAL

Sutherland was in court for Tuesday morning's ruling. Arizona's Family reporter Gibby Parra was there, as well, and said the judge got heated with the attorneys. Judge Stephen Hopkins wanted jury selection to go ahead as scheduled and was obviously unhappy with the request for more time.

[WATCH: Judge not happy with delay, takes both lawyers to task]

“When I set this many, many months ago, I told everyone I was setting it very far out so that everyone would have the opportunity to prepare,” Hopkins said. “I also put – specifically – in my order setting this trial that I was not going to entertain any requests for a continuance at the last minute. The parties have had every opportunity to try and pursue resolution short of trial. The fact that this is apparently just coming up on the eve of trial is not 'extraordinary circumstance.' I don’t see anything else in your motion that would qualify as an extraordinary circumstance."

It wasn't just Sutherland's lawyer, who filed his request for a continuance on Friday, asking for more time. When asked point-blank if the state was ready to proceed next week, the prosecutor's answer was no. "We anticipated that this matter would be continued," Yigael Cohen said. He said he needed another two weeks to prepare.

[WATCH: Sutherland waives right to speedy trial]

While Hopkins said he was "not inclined" to put off Sutherland's trial, he did grant a 60-day continuance. He was, however, adamant that there would be no more delays.

"When I set this trial, and I thought I was clear the last time, it's gonna be a firm trial date," Hopkins said. "I will not continue this case again for any reason -- period."

Hopkins made it clear to Sutherland that by going along with the continuance, he was waiving his right to a speedy trial.

HOW WE GOT HERE

Arizona’s Family was the first to bring you the story, which made national headlines, and has followed it closely for more than a year now. The surprise birth shed light on a myriad of problems at Hacienda Healthcare and cost one doctor his medical license. The Arizona Medical Board dismissed a case against a second doctor.

[HACIENDA INVESTIGATION: One year later, what has changed?]

Hacienda Healthcare found itself under the state’s scrutiny in the wake of the birth, and it was unclear if it would be able to stay open. Last month, the Arizona Department of Health Services said that the facility would keep its license and continue operating. It also said there was no need for a change in management. That same day, Hacienda said it reached an agreement to keep its Medicaid contract. The U.S. Centers for Medicare and Medicaid Service had announced in June that it was ending its contract with the embattled facility, but Hacienda appealed. While it is still open and caring for patients, Hacienda has scaled back services, including closing its skilled nursing facility.

Sutherland, a licensed practical nurse who was one of the woman’s caregivers – even though her parents had requested that only women look after her -- is charged with one count each of sexual assault and abuse of a vulnerable adult. He pleaded not guilty. Sutherland had been an LPN at Hacienda since January 2012.

[RELATED: Former Hacienda employee details working with Sutherland, document shows his written goals]