RAW: Man accused of impregnating incapacitated woman appears in court

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RAW: Man accused of impregnating incapacitated woman appears in court

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

(PHOENIX) — Arizona’s governor is calling for stronger protections for people with disabilities in the wake of a sexual abuse scandal at a long-term care facility.

Gov. Doug Ducey issued an executive order on Wednesday that will lead to increased oversight and better protocols for preventing, recognizing and reporting abuse and neglect at health care facilities, according to a statement.

“All Arizonans deserve to be safe — and we have a special responsibility to protect those with disabilities,” Ducey said in the statement. “This executive order provides increased accountability and stricter oversight, ensuring our most vulnerable are safe and protected. There’s more that needs to be done to ensure Arizona is guarding against abuse and neglect.”

Ducey called on the Arizona Health Care Cost Containment System, the Department of Health Services and Department of Economic Security to develop training on preventing abuse and neglect in the disability community, according to the statement.

The order came a day after Nathan Sutherland, a 36-year-old former nurse, pleaded not guilty to sexual assault and abuse charges after he allegedly raped and impregnated an incapacitated patient at a Phoenix long-term care facility.

The 29-year-old woman, who’s been comatose for more than a decade, gave birth to a baby boy at Hacienda Healthcare in Phoenix on Dec. 29, sparking allegations of sexual abuse and concerns about patient safety.

Investigators said Sutherland’s DNA matched a sample from the woman’s newborn. Employees at the facility said they had no idea she was pregnant.

Ducey also requested an inquiry into how Hacienda employees didn’t notice that the patient had been raped, according to a letter sent to the state’s Attorney General Mark Brnovich.

“It is unknown for how long or how many times this vulnerable victim was attacked prior to and after this instance and it may never be known due to the fact that her ability to communicate is limited,” the letter said. “Although a suspect in this crime has been apprehended thanks to the good work of the Phoenix Police Department, details continue to emerge regarding the leadership of this entity and its lack of action.”

Longtime Hacienda CEO Bill Timmons resigned in the wake of the incident, a move backed by the firm’s board of directors, and the state’s Department of Health Services said it would mandate the facility operate under stronger guidelines for the time being.

State officials are reportedly laying the groundwork to prepare for potentially moving patients out of Hacienda-operated facilities, according to ABC affiliate KNXV-TV.

The woman’s lawyer, John Michaels, said the baby is being cared for by her family.

“The family obviously is outraged, traumatized and in shock by the abuse and neglect of their daughter at Hacienda Healthcare,” Michaels said. “The family is well aware of the intense news and public interest in their daughter’s case, but at this time is not emotionally ready to make a public statement.”

“The family would like me to convey that the baby boy has been born into a loving family and will be well cared for,” he added.

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

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(CNN)The former Hacienda HealthCare nurse accused of impregnating a severely disabled woman pleaded not guilty Tuesday in a Maricopa County, Arizona, court.

Appearing with his attorney, Nathan Sutherland, 36, wore a sheriff's-issue orange prison jumpsuit. He spoke only to deliver his name and birth date to the court.

Sutherland, who is being held on a $500,000 bail, will make his next court appearance during a March 19 pre-trial conference, Maricopa County Superior Court spokesman Bryan Bouchard said.

The alleged victim, who CNN is not naming because police are investigating the case as a sexual assault, has been at the long-term-care facility since 1992.

Now 29, her family says she suffers significant intellectual disabilities as a result of seizures during her childhood. Though the bedridden woman is nonverbal, she has some ability to move her extremities, responds to sound and can make facial gestures, her family says.

She also has breathing and feeding tubes. Her mother was appointed her legal guardian in 2009.

911 call: We had no idea patient was pregnant 02:30

The woman gave birth December 29, much to the shock of her caregivers, one of whom told a 911 dispatcher, "We had no idea she was pregnant."

A doctor who gave her a yearly checkup about 37 weeks before she gave birth wrote that there were no major changes in her health, according to medical records sent to the court. During an April 16 external exam, a doctor noted her "firm belly."

After obtaining DNA samples from male staff members last month, authorities arrested Sutherland, a licensed practical nurse who was caring for the woman. He was charged with sexual assault and vulnerable adult abuse.

Sutherland voluntarily surrendered his nursing license, which he obtained in 2011, according to paperwork filed with the Arizona Board of Nursing. He had been with Hacienda HealthCare since 2012.

Sutherland has "invoked his Fifth Amendment rights" and has not participated in an interview with police, Phoenix police Sgt. Tommy Thompson said.

Arizona Gov. Doug Ducey said in a statement last month he's "sickened" by the sexual assault and called for the company's leaders, including its board of directors, to be replaced. State agencies are reviewing courses of action to take against the facility, he said.

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Lawyer: No proof nurse raped Arizona patient who had baby

A nurse who was supposed to be looking after an incapacitated woman at a long-term health care facility was charged Wednesday with raping her, weeks after she stunned her caregivers and family by giving birth to a baby boy .

Nathan Sutherland, a licensed practical nurse, has been arrested and charged with one count of sexual assault and one count of vulnerable adult abuse, according to court records.

"We owed this arrest to the victim. We owed this arrest to the newest member of our community — that innocent baby," Phoenix Police Chief Jeri Williams said.

The surprise birth late last month triggered reviews by state agencies, highlighted safety concerns for patients who are severely disabled or incapacitated and led to disciplinary actions and resignations of staffers and managers. It also prompted authorities to test the DNA of all the men who worked at the Hacienda HealthCare facility.

Sutherland, 36, submitted his DNA sample under court order Tuesday and the results came back a few hours later, showing he was a match to the baby. He declined to speak with police and invoked his Fifth Amendment rights, police spokesman Tommy Thompson said.

Sutherland appeared in court Wednesday but did not enter a plea. A Maricopa County Superior Court commissioner set a $500,000 cash-only bond. If Sutherland posts bond, he would need to wear an electronic monitoring device.

Defense attorney David Gregan had asked for a lower bond on the grounds that Sutherland didn't have a criminal record. He described his client as a family man with young children who has lived in Arizona since 1993.

"There's no direct evidence that Mr. Sutherland has committed these acts," Gregan said. "I know at this point there's DNA. But he will have a right to his own DNA expert."

Gregan did not immediately return a message seeking comment.

Investigators found that Sutherland had treated the victim and spent a lot of time with her, according to a probable cause statement. Investigators believe Sutherland raped the patient sometime between February and April.

A former neighbor, Esella Burr, said she lived next to Sutherland, his wife and four children for more than five years. She often saw the couple leave for church on Sundays and they would chat occasionally.

"I can't believe it," Burr said. "He told me he was a nurse and he liked his job."

Court records indicate his wife filed for divorce seven weeks ago. A message left at a number listed for her was not immediately returned.

Hacienda officials fired Sutherland after learning of his arrest. The company said it was "troubled beyond words." Sutherland had passed an extensive background check.

"Once again, we offer an apology and send our deepest sympathies to the client and her family, to the community and to our agency partners at every level," Hacienda said in a statement.

The 29-year-old victim has been in long-term care since age 3 and gave birth at the facility on Dec. 29. Employees said they had no idea she was pregnant. As her guardian, the woman's mother was required to submit an annual report to the court that included results of a medical exam.

The case has prompted the departure or discipline of key figures at Hacienda HealthCare, including the CEO. The provider says one doctor who had cared for the woman resigned and another had been suspended.

Earlier stories had described the patient as being comatose or in a vegetative state. But her parents released a statement Tuesday disputing that characterization.

They described her as intellectually disabled because of seizures in early childhood. While she doesn't speak, she has some mobility in her limbs, head and neck. She also responds to sound and can make facial gestures.

The family's attorney, John Micheaels, said in a statement that they knew about the arrest but did not want to comment.

Thompson said he believes the baby has since been released from the hospital. The woman's family has said they will care for him.

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Nathan Sutherland, 36, was arrested for the sexual assault of an incapacitated woman at a long term care facility in Arizona. (AP/Maricopa County Jail)

A licensed practical nurse who was supposed to care for a woman in a vegetative state at a long-term Arizona nursing facility was arrested and charged with raping her after she gave birth to a baby last month, officials announced Wednesday.

Phoenix Police Chief Jeri Williams said at a news conference that 36-year-old Nathan Sutherland was arrested and will be charged with one count of sexual assault and one count of vulnerable adult abuse for the incident at the Hacienda Healthcare facility in Phoenix.

"We have worked virtually nonstop every day, every night to resolve this case," Williams told reporters, adding that the crime was "beyond reproach."

Sutherland invoked his Fifth Amendment rights after his arrest and did not give an interview to authorities regarding the case, according to police.

2 DOCTORS AT ARIZONA CARE FACILITY WHERE WOMAN IN VEGETATIVE STATE GAVE BIRTH LEAVE

The chief said that officers used "good old-fashioned police work" in addition to DNA tests on the baby to find a match and made the arrest. Sutherland had worked at the facility since 2011, officials added.

"We owed this arrest for the victim, we owed this arrest for the newest member of our community, that innocent baby," Williams said.

Phoenix Police Chief Jeri Williams said that investigators arrested 36-year-old Nathan Sutherland on one count of sexual assault and one count of vulnerable adult abuse. (Fox 10)

The 29-year-old victim has been in long-term care since the age of 3 and gave birth to a boy at the facility on Dec. 29. Employees at the time said they had no idea she was pregnant. Court records said her last known physical was in April. As her guardian, the woman's mother was required to submit an annual report to the court that included results of a medical exam.

"We may not know how many times this occurred," Phoenix police spokesman Tommy Thompson told reporters. Investigators had obtained a court order to collect DNA from Sutherland, which was compared to DNA from the baby boy.

PATIENT IN VEGETATIVE STATE GIVES BIRTH, SEX ABUSE INVESTIGATION UNDERWAY

Thompson added that when the assault took place, Sutherland was responsible for the woman.

"This was an employee, rather than a stranger who made his way into the facility," he said.

The baby boy is "doing well," according to Thompson, who added that it's the community's job to protect the child.

"We can't choose how we come into this world," he told reporters.

Sutherland appeared in court Wednesday afternoon and did not enter a plea. A Maricopa County Superior Court commissioner ordered him released on a cash-only $500,000 bond. Sutherland must also wear an electronic monitoring device and is scheduled to appear in court on Jan. 30

#LIVE: Nathan Sutherland, 36, is appearing in court. He is accused of sexually assaulting and impregnating an incapacitated woman at Hacienda Healthcare in Phoenix. She gave birth to the baby in December. Police say his DNA matched with the baby boy's DNA. https://t.co/Mzi8mSZ0wP pic.twitter.com/oIo5ULMyuQ

— FOX 10 Phoenix (@FOX10Phoenix) January 23, 2019

Clad in a T-shirt, athletic pants and jacket, Sutherland was accompanied by defense attorney David Gregan, who said his client has no prior criminal record. Gregan also said Sutherland has the right to get his own DNA expert.

The woman's parents on Tuesday through their attorney disputed characterizations that their daughter is comatose, according to the Associated Press. They described her as being intellectually disabled because of seizures in early childhood. While she doesn't speak, she has some mobility in her limbs, head and neck. She also responds to sound and can make facial gestures.

Phoenix Mayor Thelda Williams said that officers spent "endless hours" investigating the "hideous crime"

"I know our officers took this crime to heart," she said. "This is a facility you should be safe in, and someone wasn't."

In a statement to Fox 10, Hacienda Healthcare said that every member of the organization was "troubled beyond words."

"Once again, we offer an apology and send our deepest sympathies to the client and her family, to the community and to our agency partners at every level," the organization said in a statement.

"Nathan Sutherland, who held a current state of Arizona practical nurse’s license and who had undergone an extensive background check upon hiring – was terminated from Hacienda the moment our leadership team learned of his arrest," the statement continued. "As we have since the first minutes of this police investigation, the Hacienda team will continue to cooperate with investigators from multiple agencies in every way possible."

Hacienda Healthcare said that in the past two weeks, security measures have been increased to ensure patient safety.

"We will continue to do so," the organization told Fox 10. "We also will continue to review and improve what is already an in-depth vetting process for caregivers at Hacienda. We will not tolerate any mistreatment of a Hacienda patient, nor will we stop until every Hacienda patient is as safe as we can make them. "

The arrest comes a day after officials disclosed that two doctors at Hacienda HealthCare in Arizona are no longer at the facility.

"The two physicians who were responsible for the care of the sexual assault victim are no longer providing medical services to Hacienda patients. One has resigned. The other one has been suspended,” a spokesperson for the facility told Fox News. Neither doctor has been identified.

The latest development also comes after the facility's CEO, Bill Timmons, resigned earlier in January following the incident.

The facility received a “below average” health-inspection rating in 2017, according to the Medicare website.

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FILE - This Friday, Jan. 4, 2019, file photo shows Hacienda HealthCare in Phoenix. State regulators reportedly wanted to remove developmentally disabled patients from a Phoenix long-term care facility years before a woman in a vegetative state gave birth. The Arizona Republic reported Sunday, Jan. 13, 2019, that Hacienda HealthCare faced a criminal investigation in 2016. The facility allegedly billed the state some $4 million in bogus 2014 charges for wages, transportation, housekeeping, maintenance and supplies. (AP Photo/Ross D. Franklin, File)

PHOENIX (AP) — Regulators wanted to remove developmentally disabled patients from a Phoenix long-term care facility years before a woman in a vegetative state gave birth, Arizona’s largest newspaper reported Sunday.

The Arizona Republic reported Hacienda HealthCare faced a 2016 criminal investigation for allegedly billing the state more than $4 million for bogus 2014 charges for wages, transportation, housekeeping, maintenance and supplies.

The criminal case was dropped in 2017 and no charges were filed, the Republic said, but a court battle is continuing in an effort to force Hacienda to turn over financial records.

Phoenix police have said the 29-year-old woman incapacitated since age 3 was sexually assaulted and gave birth last month.

Investigators are collecting DNA from Hacienda’s male employees and others who may have had contact with the woman in an effort to identify a suspect.

The woman’s family has said in a statement through their attorney that they will care for the infant boy and have asked for privacy.

The revelation that a woman in a vegetative state was raped inside a care facility has horrified advocates for people with disabilities and the community at large.

Hacienda HealthCare’s CEO William Timmons resigned on Dec. 31 as the provider announced new safety measures, including more than one staff member being present during patient interactions and more scrutiny of visitors.

Gov. Doug Ducey, a Republican, said his office is considering bringing in a third party to assume responsibility for the ongoing management of Hacienda.

The nonprofit facility gets more than $20 million annually in taxpayer funds for taking care of extremely ill people, many of whom are incapacitated and on ventilators, the Republic reported.

Hacienda’s annual average cost of care was $386,000 per client in 2012 compared with $134,000 per client in similar U.S. facilities, Arizona Department of Economic Security auditors said.

The Republic said former economic security director Timothy Jeffries and the agency’s chief law enforcement officer, Charles Loftus have both filed lawsuits against the state, claiming they were forced out of their jobs over their probe of Hacienda.

Jeffries was forced to resign in 2016 after a series of controversies, including a finding by the Arizona Department of Public Safety that the department kept shoddy record-keeping, had insecure storage of guns and ammunition and that it had violated state procurement policies in buying some 60,000 rounds of ammunition.

Jeffries filed suit against the state in 2017 over what he claims is libel in a police report that detailed a stash of weapons and ammunition kept in the agency offices. He claims statements in the DPS audit were false and that there were malicious motives involved in the report.

The Republic quoted Jeffries as saying Timmons was obstinate during the investigation of Hacienda and bragged of tight ties to Ducey.

Ducey spokeswoman Elizabeth Berry said the governor was horrified by accounts of the rape and denied that the state failed to act on concerns raised by the economic security department.

She also said Hacienda played no part in the forced resignations of Jeffries and Loftus after their two-year tenure.

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Lawyer: Incapacitated woman who gave birth not in coma

PHOENIX - A lawyer for the family of an incapacitated Arizona woman who gave birth in a long-term care facility said she is not in a coma as previously reported.

The Arizona Republic reported Friday that attorney John Micheaels said the 29-year-old woman has "significant intellectual disabilities" and does not speak but has some ability to move, responds to sounds and is able to make facial gestures.

Phoenix police have said the woman was the victim of a sexual assault and have disclosed little other information.

A Jan. 8 statement by San Carlos Apache Tribe officials said the woman, a tribal member, gave birth while in a coma.

News media outlets have reported that the woman, who has not been publicly identified, was in a vegetative state at the facility where she spent many years.

"The important thing here is that contrary to what's been reported, she is a person, albeit with significant intellectual disabilities. She has feelings and is capable of responding to people she is familiar with, especially family," Micheaels told the newspaper.

He responded to a request Saturday by The Associated Press for comment by saying in an email that the information reported in the Republic is correct. He did not comment further.

The woman gave birth to a baby boy on Dec. 29 as staff at Hacienda HealthCare frantically called 911 for assistance, telling an operator that they had not known she was pregnant.

Police investigators have been collecting DNA samples from male employees at the facility and any other men who could have had contact with the woman. State regulatory officials have also launched investigations.

The victim and the newborn have reportedly been recovering at a hospital, but no information has been released about their conditions.

The woman's guardian, her mother, described her in a May 29 annual guardian report filed in court as "an incapacitated adult." An attached doctor's report said the woman has a brain disorder, a form of retardation, recurrent pneumonia, paralysis of the limbs, seizure disorder and other conditions.

Hacienda spokesman David Leibowitz told the AP on Saturday that patient privacy laws precluded him from discussing the woman's condition.

The director of the facility has resigned and the company subsequently hired former Maricopa County Attorney Rick Romley to conduct an independent investigation into management procedures and patient safety.

On Friday, Hacienda announced that another female patient had alleged physical abuse by staff members.

Hacienda officials said in a news release that the patient accused a registered nurse and a certified caregiver, both women, of yelling at her and hitting her head and arm.

Hacienda officials said the patient showed no signs of injury or abuse and that the two workers had no history of complaints and denied the allegations. They were placed on administrative leave during an investigation.

Police say they were informed about the complaint but weren't able to corroborate anything.

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

PHOENIX — A patient has come forward alleging assault at Hacienda Healthcare.

According to a statement from the facility, a survey of the ICF-ID unit was conducted Thursday by federal and state auditors.

A patient who suffers from a “serious intellectual disability” reportedly said she was abused by two female staffers, a registered nurse and certified caregiver.

She said she was yelled at by staff members and struck in the head and arm.

Hacienda leadership reportedly called police immediately about the report and alerted the patient’s legal guardian.

The staffers who the allegations were made against were immediately placed on administrative leave pending investigation.

Both of the staffers reportedly have clean records.

No signs of abuse or injury were found during a medical exam.

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