Nexus trio pleads not guilty to financial exploitation crimes

WMRA | By Randi B. Hagi 

Two leaders and an employee of the company Nexus, formerly based in Verona, pled not guilty to financial exploitation crimes in court on Monday. The case is scheduled to go to trial next month. WMRA's Randi B. Hagi reports.

Michael Donovan and Richard Moore, the couple that formerly led the company Nexus, and their employee Timothy Shipe, all pled not guilty to allegedly stealing more than $400,000 from Zachary Cruz – a young man the couple took in in 2018. Donovan and Moore each face four felony counts – financially exploiting a vulnerable adult, obtaining money by false pretenses, and conspiring to commit both crimes. Shipe faces two felony charges related to the conspiracy.

Donovan and his attorney, Eugene Oliver, are due back in court on Feb. 23 to determine whether Oliver can continue to represent him, because one of the prosecution's potential witnesses was previously represented by an attorney that works for Oliver.

Also on Monday, both sides – and an attorney for Shenandoah Valley Social Services – argued over a slew of motions regarding what evidence should be allowed in the case. Lindsay Combs, an employee of the social services agency, has been appointed by the court as Cruz's legal guardian. Richard Moore's attorney, Caleb Routhier, argued he should be given the chance to interview Cruz ahead of the trial, and both he and Donovan's attorney seek access to Cruz's confidential guardianship records.

An attorney for the social services agency said this motion "should not be used as a fishing expedition." Oliver argued that Cruz's mental capacity or incapacity is central to the commonwealth's case against his client, so they need to see the relevant records. Judge Sean Workowski allowed the attorneys to obtain the commonwealth's copies of these files, with restrictions on who can access them.

Combs argued that it would be detrimental for Routhier to interview Cruz, due to "past trauma" inflicted on him by the defendants, and the fact that a previous attorney tried to get to him while he was in psychiatric care under an emergency custody order. Workowski said he was inclined to deny Routhier's motion, but allowed him to submit questions in writing for Combs to review.

Workowski did not make a decision about whether the prosecution can bring up Moore's conviction for federal tax evasion, which they say was a primary motive for the financial exploitation. Moore is currently serving a six-plus year sentence for those crimes. Deputy Commonwealth's Attorney Alex Meador said the Internal Revenue Service has refused to testify in this case, which is why they need to reference the conviction.

A five-day jury trial is scheduled to begin March 9. It's been delayed six times since the defendants were arrested in 2022.

Full Article & Source:
Nexus trio pleads not guilty to financial exploitation crimes 

Residential-care facility owner pleads not guilty in felony elder abuse case | NBC 7 San Diego

Maria Delgado is accused of leaving her Mira Mesa facility 'severely understaffed' resulting in residents suffering bedsores, dehydration and malnourishment. NBC 7's Dana Williams was in court and has details on the charges against Delgado. 

Source:
Residential-care facility owner pleads not guilty in felony elder abuse case | NBC 7 San Diego 

Former Mercedes city attorney indicted for theft, pleads not guilty

by: Steven Masso

MERCEDES, Texas (ValleyCentral) — The former city attorney of Mercedes was indicted on charges of program theft and plead not guilty.

Juan R. Molina was arrested on Thursday and charged by a grand jury for the offense of federal program theft, according to court documents obtained by ValleyCentral.

Molina was the Mercedes city attorney of Mercedes from August 2014 to February 2019.

The indictment stated that Molina, under a Federal program, “did embezzle, steal, obtain by fraud” a total of at least $5,000.

The funds were then deposited to an account used for real estate development in, or around, Mercedes, according to the indictment. 

ValleyCentral reached out to the City of Mercedes who released the following statement:

“The City of Mercedes will continue to cooperate with federal officials as we seek justice for Mercedes.”

Records show that Molina was released after entering a bond amount of $30,000.

Full Article & Source:

Former Mercedes city attorney indicted for theft, pleads not guilty

Judge OKs $15M settlement over rape of incapacitated woman

A judge has approved a $15 million settlement against a doctor in a lawsuit by the parents of an incapacitated woman who was sexually assaulted and gave birth at a Phoenix long-term care center

By JACQUES BILLEAUD

PHOENIX -- A judge has approved a $15 million settlement against a doctor in a lawsuit by the parents of an incapacitated woman who was sexually assaulted and later gave birth at a Phoenix long-term care center, marking the last of several deals to resolve legal claims over the rape.

The settlement made on behalf of Dr. Phillip Gear, who cared for the woman for 26 years while she lived at Hacienda Healthcare, was deemed reasonable last week by a judge. But the insurer for Gear, who died late last year, said in court papers it has no obligation to pay the amount, arguing the doctor’s policy didn’t cover claims arising from a sexual act.

It is the biggest publicly known settlement reached over the attack on the woman, who has been in a vegetative state since childhood and gave birth in December 2018. Her parents sued the state of Arizona, Gear and another doctor who cared for their daughter.

The state, which contracts with companies like Hacienda to provide services to people with developmental disabilities, settled last summer for $7.5 million.

Dr. Thanh Nguyen, who cared for the woman in the months before the surprise birth, and a medical group also resolved claims against them last summer for an undisclosed amount. And Hacienda Healthcare agreed to settle for an undisclosed amount before the woman’s parents filed their lawsuit in late 2019.

In declaring the $15 million settlement reasonable, Judge Theodore Campagnolo concluded Gear’s treatment of the woman had fallen below the standard of care by failing to diagnose her pregnancy and regularly examine her.

The judge said requests by the woman’s mother to have only female employees tend to her daughter weren’t followed. Campagnolo also said evidence that the incapacitated woman was the victim of numerous sexual assaults was undisputed in the civil case.

Kevin Barrett, an attorney who previously represented Gear in a lawsuit filed against the doctor by his insurer, didn’t immediately return a call late Tuesday morning seeking comment. Gear died on Dec. 20.

The pregnancy was discovered when an employee at the long-term care facility was changing the garments of the then-29-year-old victim and noticed she was in the process of delivering a child. Employees told police that they had no idea the woman was pregnant.

The birth triggered reviews by state agencies, highlighted safety concerns for patients who are severely disabled or incapacitated, and prompted the resignation of Hacienda’s chief executive.

Police have said DNA from Nathan Sutherland, a licensed practical nurse who worked at Hacienda, matched a sample taken from the woman’s son.

Sutherland, who was fired after his arrest and later gave up his nursing license, has pleaded not guilty to charges of sexual assault and abuse of a vulnerable adult. He wasn’t a target of the lawsuit.

The victim lived at Hacienda for 26 years, until the birth of her son, who is now being cared for by her parents.

The woman has been in a vegetative state since she was a young child. Campagnolo wrote the cause of her condition is unclear. When she was around 2 years old, she suffered a near drowning that deprived her brain of oxygen, though there also was testimony that she had congenital issues, such as seizure disorders, from shortly after her birth, the judge wrote.

Lawyers for the family have said Hacienda missed signs that the woman was carrying a baby, such as her weight gain and swollen belly, and that she delivered the boy without pain medications. Their lawsuit also alleged the state did a poor job of monitoring Hacienda’s operations.

Campagnolo said medical records showed Gear didn’t conduct regular examinations of the woman for at least three years before he was transferred in September 2018.

Even though the woman’s mother had requested that her daughter be cared for by only women, evidence shows Sutherland and other men had cared for her over the years, Campagnolo wrote. The judge said the woman’s mother made the requests after she was told her daughter may have been the victim of a sexual assault in 2002.

Phoenix police have said health authorities at the time found some Hacienda employees had used language of a sexual nature when speaking to patients, but they were unable to substantiate allegations of physical abuse. Police said there was insufficient evidence to warrant a criminal complaint against employees.

Gear’s insurer argued Gear wasn’t the woman’s primary care physician when she gave birth and couldn’t be held responsible for sexual assault.

“The former fact is accurate, and the second fact is arguable," Campagnolo wrote. "However, Dr. Gear’s liability was not limited to one sexual assault and the birth."

Campagnolo wrote Gear had known since 2002 that there were sexual abuse allegations that could have included the patient in question.

“The fact that the internal investigation did not find evidence of sexual assaults would not take Dr. Gear off the hook,” Campagnolo wrote, adding that the doctor knew the woman’s mother had requested only female caregivers.

Megan Rose, a spokeswoman for the Arizona Department of Administration, declined to comment on the state’s settlement.

Hacienda spokesman David Leibowitz, Nguyen’s attorney Andrew Rosenzweig, and Robin Burgess, an attorney representing Gear’s insurer, James River Insurance Company, didn’t return calls seeking comment.

Full Article & Source:

Judge OKs $15M settlement over rape of incapacitated woman 

 

See Also: 

Arizona, 2 doctors sued over rape of incapacitated woman 

 

Trial Date Set For Man Accused Of Raping Incapacitated Woman At Hacienda Healthcare

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

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

 

Judge rejects bid to toss DNA in incapacitated woman’s rape

A former nurse charged with sexually assaulting an incapacitated woman who gave birth at a Phoenix long-term care facility has lost a bid to throw out DNA evidence that authorities say links him to the crime

 

By JACQUES BILLEAUD

PHOENIX -- A former nurse charged with sexually assaulting an incapacitated woman who later gave birth at a Phoenix long-term care facility has lost a bid to throw out DNA evidence that authorities say links him to the crime.

A judge on Monday rejected Nathan Sutherland’s claim that investigators made a misrepresentation when saying in a request for a court order that 36 male Hacienda Healthcare employees whose DNA was being sought had direct access to the victim. Sutherland’s lawyer argued police were unaware of the job duties of the 36 men or whether they had contact with the then-29-year-old victim.

“The victim had been in a vegetative state since the age of three," Judge Stephen Hopkins wrote. “It was a very logical deduction that one of the male employees/agents who were present at the facility would be the father.”

The judge also rejected Sutherland’s characterization that police had a casual approach to the investigation. Hopkins said there was no evidence to suggest, as Sutherland has, that a routine order to collect evidence was signed by a court official to save face politically in a high-profile investigation.

It’s unknown whether Sutherland will appeal the ruling. His attorney, Edwin Molina, didn’t immediately return a phone call and email Tuesday morning seeking comment on the decision.

The pregnancy was discovered in December 2018 when an employee at the Hacienda Healthcare facility in Phoenix was changing the garments of the victim and noticed the patient was in the process of delivering a child. Employees told police that they had no idea the woman was pregnant.

Sutherland, a licensed practical nurse, has pleaded not guilty to charges of sexual assault and abuse of a vulnerable adult. He was fired by Hacienda after his arrest and has since given up his nursing license.

Police have said Sutherland’s DNA matched a sample taken from the woman’s son. The victim’s mother is the boy’s guardian.

The surprise birth triggered reviews by state agencies, highlighted safety concerns for patients who are severely disabled or incapacitated, and prompted the resignations of Hacienda’s chief executive and one of the victim’s doctors.

It led to a lawsuit from the victim’s parents that alleged Sutherland had cared for their daughter on hundreds of occasions from 2012 through 2018, despite promises from the state — which contracts with companies like Hacienda to provide services to people with developmental disabilities — that only women would tend to her.

An expert on behalf of her family has said many of Sutherland’s encounters with the patient occurred overnight, when fewer staff members and visitors were around.

Lawyers for the family also said Hacienda missed dozens of signs that the woman was carrying a baby, pointing out that she had gained weight, had a swollen belly and missed menstrual periods in the months before the child was born.

They said the victim, who has a feeding tube and whose nutrition was reduced in response to her weight gain during the pregnancy, delivered the boy while severely dehydrated and without pain medications.

The victim lived at Hacienda for 26 years, until the child’s birth. Her medical conditions stem from a brain disorder that caused motor and cognitive impairments and vision loss. She was also left with no functional use of her limbs.

Full Article & Source:

Judge rejects bid to toss DNA in incapacitated woman’s rape 

 

See Also: 

Nurse accused of raping, impregnating incapacitated woman at Phoenix care facility wants judge to toss DNA evidence

 

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

 

Arizona, 2 doctors sued over rape of incapacitated woman 

Trial Date Set For Man Accused Of Raping Incapacitated Woman At Hacienda Healthcare

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

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

Nurse accused of raping, impregnating incapacitated woman at Phoenix care facility wants judge to toss DNA evidence

Nathan Sutherland is seen in a booking photo
 released by the Maricopa County Sheriff’s
Office on Jan. 23, 2019.

A nurse charged with sexually assaulting an incapacitated woman who later gave birth at a long-term care facility in Phoenix is asking a judge to throw out DNA evidence that authorities say ties him to the rape.

An attorney for Nathan Sutherland said in a court filing this week that the evidence should be tossed because Phoenix police officers didn’t get a warrant or have probable cause to take his client’s DNA and instead relied on a court order with a lesser standard of proof to gather the evidence.

Sutherland’s lawyer, Edwin Molina, said investigators made a misrepresentation when saying in a request for the court order that 36 male Hacienda Healthcare employees whose DNA was being sought had direct access to the victim. Molina argued police were unaware of the job duties of the 36 men or whether they had contact with the victim and said that investigators worked under the theory that “anybody and everybody could be a suspect.”

The Phoenix Police Department and Maricopa County Attorney’s Office, which is prosecuting Sutherland, declined to comment on Sutherland’s request.

The pregnancy was discovered in December 2018 when an employee at the long-term care facility was changing the garments of the then-29-year-old victim and noticed she was in the process of delivering a child. Employees told police that they had no idea the woman was pregnant.

She lived at Hacienda for 26 years, until the child’s birth. Her medical conditions stem from a brain disorder that caused motor and cognitive impairments and vision loss. She was also left with no functional use of her limbs.

Sutherland, a licensed practical nurse, has pleaded not guilty to charges of sexual assault and abuse of a vulnerable adult. He was fired by Hacienda after his arrest and has since given up his nursing license.

Police have said Sutherland’s DNA matched a sample taken from the woman’s son. The victim’s mother is the boy’s guardian.

The surprise birth triggered reviews by state agencies, highlighted safety concerns for patients who are severely disabled or incapacitated and prompted the resignations of Hacienda’s chief executive and one of the victim’s doctors.

It led to a lawsuit from the victim’s parents that alleged Sutherland had cared for their daughter on hundreds of occasions from 2012 through 2018, despite promises from the state — which contracts with companies like Hacienda to provide services to people with developmental disabilities — that only women would tend to her.

Full Article & Source:

Nurse accused of raping, impregnating incapacitated woman at Phoenix care facility wants judge to toss DNA evidence 

 

See Also: 

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

 

Arizona, 2 doctors sued over rape of incapacitated woman 

Trial Date Set For Man Accused Of Raping Incapacitated Woman At Hacienda Healthcare

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

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

 

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]

WHAT'S AHEAD

In addition to the criminal case against Sutherland, the family of the woman who had the baby has filed a lawsuit against her doctors, their employers, and the state. Court documents in that suit note that Sutherland was assigned to look after the woman within days of starting work at Hacienda. They also state that Hacienda records show that Sutherland "provided care for [the woman], by himself and unaccompanied by female staff, on hundreds of occasions."

The baby boy is now almost 14 months old.

Full Article & Source: 
Trial of man accused of raping incapacitated woman at Hacienda Healthcare delayed 

See Also:
Arizona, 2 doctors sued over rape of incapacitated woman 

Trial Date Set For Man Accused Of Raping Incapacitated Woman At Hacienda Healthcare

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

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

Arizona, 2 doctors sued over rape of incapacitated woman

FILE - This Jan. 25, 2019, file photo shows the Hacienda HealthCare, a long-term care facility in Phoenix where an incapacitated patient was raped and gave birth in 2018. Matt York, File AP Photo

Read more here: https://www.bradenton.com/news/local/health-care/article238953668.html#storylink=cpy

PHOENIX - The parents of an incapacitated woman who was raped and later gave birth at a Phoenix long-term care center say in a negligence lawsuit that the state of Arizona and her doctors failed to follow their request to have only female caregivers tend to their daughter.

The two doctors who cared for the 30-year-old patient at Hacienda HealthCare also are accused in the lawsuit of failing to spot signs that she was carrying a baby, such as her swollen abdomen. The pregnancy was discovered in December 2018 only after a nurse saw the boy’s head during the surprise delivery.

The lawsuit said Nathan Sutherland, a licensed practical nurse charged with sexually assaulting the woman, had cared for her on hundreds of occasions from 2012 through 2018, despite promises from state employees that only women would tend to her.

The state, which contracts with companies like Hacienda to provide services to people with developmental disabilities, is accused of doing a poor job of monitoring Hacienda’s operations.

Chris Minnick, spokesman for the Arizona Department of Health Services, declined Friday to comment on the lawsuit.

The birth triggered reviews by state agencies, highlighted safety concerns for patients who are severely disabled or incapacitated and prompted the resignations of Hacienda's chief executive.

The lawsuit was filed on Dec. 24 against Dr. Phillip Gear, who cared for the woman for a 25-year period ending in mid-September 2018, and Dr. Thanh Nguyen, who succeeded Gear.

Just For Kids, the medical practice that employed Gear, and Internal Medicine Consultants LLC, where Nguyen worked, also were sued.

The lawsuit said the woman would not have been sexually assaulted had Gear ensured that only female staffers cared for the patient.

A phone message left for Gear wasn’t immediately returned Friday. A woman who answered the phone at Just For Kids hung up twice when The Associated Press called seeking comment on the lawsuit.

No one answered the phone at Nguyen’s office on Friday afternoon, and Internal Medicine Consultants didn’t immediately return a call Friday seeking comment.

The victim had lived at Hacienda for 26 years, until the child’s birth. Her medical conditions stem from a brain disorder that caused motor and cognitive impairments and vision loss. She was also left with no functional use of her limbs.

The woman’s mother is the boy’s guardian.

While the lawsuit mentions Hacienda HealthCare, the company wasn’t sued. Hacienda spokesman David Leibowitz didn’t immediate return a call Friday seeking comment.

Sutherland's DNA matched a sample from the woman's son, investigators say.

Sutherland, who wasn’t a target of the lawsuit, has pleaded not guilty to charges of sexual abuse and abuse of a vulnerable adult.

He was fired and gave up his nursing license after his arrest. His attorney, Edwin Molina, didn’t return a message Friday seeking comment on the lawsuit.

The lawsuit didn’t specify how much money her family was seeking. But an earlier notice of claim — a precursor to the lawsuit — requested $45 million.

ad more here: https://www.bradenton.com/news/local/health-care/article238953668.html#storylink=cpy

Read more here: https://www.bradenton.com/news/local/health-care/article238953668.html#storylink=cpy

Read more here: https://www.bradenton.com/news/local/health-care/article238953668.html#storylink=cpy

Full Article & Source:
Arizona, 2 doctors sued over rape of incapacitated woman 

See Also:
Trial Date Set For Man Accused Of Raping Incapacitated Woman At Hacienda Healthcare

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

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

Woman pleads not guilty in Las Vegas elderly exploitation case

Shelly Calderon leaves the courtroom after her initial arraignment at Regional Justice Center on Wednesday, Sept. 11, 2019, in Las Vegas. Calderon accused of siphoning upward of $13 million from the estate of an elderly Las Vegas couple pleaded not guilty to theft and elderly exploitation charges Wednesday. (Bizuayehu Tesfaye/Las Vegas Review-Journal)

A woman accused of siphoning upward of $13 million from the estate of an elderly Las Vegas couple pleaded not guilty to theft and elderly exploitation charges Wednesday.

With seven counts each of theft and exploitation of an older/vulnerable person, Shelly Calderon, 50, faces one count of forgery and one count of offering a false instrument for filing or record.

Roughly $112,000 of the money prosecutors allege Calderon took was supposed to be used as part of Betty and Ralph McKnight’s purchase of the 138-acre Binion Ranch in Pahrump for $1 million in late 2016, according to an indictment.

Outside of court, Calderon’s attorney, Dominic Gentile, said he plans to take the case to trial.

“This lady is going to be found not guilty,” Gentile said, pointing to a March settlement agreement in a civil dispute between Calderon and Betty McKnight.

The indictment also alleges that between December 2016 and April 2017, Calderon transferred assets worth between $12.7 million and $13.4 million from what was known as the McKnight 1998 Trust into the Oakmont West 2016 trust, which Calderon controlled.

Calderon, a Pahrump insurance agent, “oversaw the amendment of (the McKnight’s) estate planning documents — to her favor — that had been in place for decades,” a Metro report said. Investigators found that Calderon “exploited the elderly couple prior to becoming their fiduciary, power of attorney and trust beneficiary. This fact tends to suggest Calderon’s financial motivation and pattern of exploiting the couple.”

The McKnights were married more than 65 years, until he died in April 2017 at age 90. At the end of his life, prosecutors alleged in the indictment, Ralph McKnight suffered from “cognitive defects as well as mobility issues.”

Prosecutors also said that Calderon liquidated a pair of insurance policies worth more than $250,000 owned byRalph McKnight and deposited the money into her own bank account.

Calderon later used one of Betty McKnight’s credit cards to pay $25,000 to attorney Robert Draskovich in the summer of 2017, while authorities were investigating Calderon and McKnight was suffering from dementia, according to court documents.

In August of that year, Calderon used more than $1 million from the Oakmont West 2016 trust to buy a home and 100 acres of land in Texas.

Calderon is due back in court in May.

Full Article & Source:
Woman pleads not guilty in Las Vegas elderly exploitation case

Trial Date Set For Man Accused Of Raping Incapacitated Woman At Hacienda Healthcare

A projected trial date been set for the man accused of raping and impregnating an incapacitated woman at her long-term care facility.

A judge has tentatively set a trial date for Nathan Sutherland, the former Hacienda Healthcare nurse who allegedly raped one of his patients, for February 2020.

Sutherland has been charged with one count of sexual assault and one count of abuse of a vulnerable adult. The victim gave birth to a baby boy last December.

Phoenix police obtained a DNA sample from several individuals, including Sutherland. His DNA matched that of the baby’s, according to police.

Full Article & Source:
Trial Date Set For Man Accused Of Raping Incapacitated Woman At Hacienda Healthcare

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

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

Claim seeks $45M for incapacitated woman who gave birth at long-term care facility

FILE - This Jan. 25, 2019, file photo shows the Hacienda HealthCare facility in Phoenix. The long-term care facility in Arizona is shutting down a unit where an incapacitated woman was raped and later gave birth, officials with Hacienda HealthCare announced Thursday, Feb. 7, 2019. Hacienda officials say they're working with state agencies to develop a plan to move the remaining 37 patients to other facilities. (AP Photo/Matt York, file)

PHOENIX (AP) — Lawyers for an incapacitated woman who later gave birth at a Phoenix long-term care facility have filed a $45 million notice of claim against the state, saying she may have been impregnated before.

The claim, which is a precursor to a lawsuit, also alleges the woman was raped repeatedly before giving birth last December.

A former licensed practical nurse at Hacienda Healthcare has been charged with sexually assaulting the 29-year-old woman, who has been in long-term care since age 3 after suffering a near-drowning.

She gave birth to a boy at the facility on Dec. 29. Employees said they had no idea she was pregnant.

The claim seeks a $25 million settlement for the victim and $10 million for each of her parents within 60 days or the lawyers will take the case to court.

Calls and emails sent to the office of Gov. Doug Ducey and the Arizona Attorney General's Office seeking comment on the 55-page claim weren't immediately returned Wednesday night.

The Arizona Department of Health Services said in an email that it doesn't comment on pending litigation.

According to medical records cited in the claim, the woman was "violently and repeatedly raped" while living at Hacienda and a doctor who examined her on the day she gave birth noted that she could have been pregnant before.

"At a minimum, there were repeated violations of (the victim) from the scarring," John Micheaels, an attorney representing the victim and her family, told Phoenix TV station KPNX.

The surprise birth triggered reviews by state agencies, highlighted safety concerns for patients who are severely disabled or incapacitated and prompted the resignations of Hacienda's chief executive and one of the victim's doctors.

Investigators say Nathan Sutherland's DNA matched a sample from the woman's newborn boy, who is being cared for by her family.

Sutherland, 37, has pleaded not guilty to charges of sexual abuse and abuse of a vulnerable adult.

Hacienda fired Sutherland after his arrest. He has since given up his nursing license.

According to the notice of claim, the victim's mother had specifically requested "female-only staff," saying her daughter was at risk for exploitation.

The claim says Sutherland provided unsupervised care for the victim over 1,000 times, including more than 800 times overnight.

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Claim seeks $45M for incapacitated woman who gave birth at long-term care facility

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Hacienda HealthCare investigation: Family of incapacitated woman who was raped blames the state

PHOENIX (AP) - The parents of an incapacitated woman who was raped and later gave birth at a Phoenix long-term care center alleges in a $45 million legal claim that the facility and state broke their promise to have only female caregivers tend to their daughter.

A nurse charged with sexually assaulting the 30-year-old patient had cared for her more than 1,000 times in the 13 months leading up to the birth, according to an expert cited in the claim filed Wednesday against Arizona.

Many of Nathan Sutherland's encounters with the patient at Hacienda HealthCare occurred overnight, when fewer staff members and visitors were around, said Christopher Cherney, a professor with more than 20 years of experience as a long-term care facility administrator who reviewed the woman's medical records.

The family alleges in the precursor to a lawsuit that Hacienda missed dozens of signs that the woman was carrying a baby and discovered the pregnancy only after another nurse saw the boy's head. The patient, who has a feeding tube and whose nutrition was reduced in response to her weight gain during the pregnancy, delivered the boy while severely dehydrated and without pain medications, the claim said.

The family's lawyers say the woman suffered injuries from repeated sexual assault. Notes from the hospital where she was treated say her injuries suggest it wasn't her first pregnancy, but no other details were provided.

The surprise birth on Dec. 29 triggered reviews by state agencies, highlighted safety concerns for patients who are severely disabled or incapacitated and prompted the resignations of Hacienda's chief executive and one of the victim's doctors.

A spokeswoman for the Arizona Department of Economic Security, which oversaw the woman's care, did not return a message seeking comment. Hacienda spokesman David Leibowitz and Sutherland's lawyer, Edwin Molina, declined to comment.

Representatives from Hacienda and the state had told the woman's parents that their daughter would have only female caregivers, the claim said. Documents from the Department of Economic Security note that only female staff members should provide her personal care, such as bathing and dressing.

Cherney, the expert for the family, said Sutherland conducted safety checks, administered medications and wrote notes on the woman's status during his many encounters with her.

Investigators say Sutherland's DNA matched a sample from the woman's son, who is being cared for by her family.

Sutherland has pleaded not guilty to charges of sexual abuse and abuse of a vulnerable adult. He is challenging a court order requiring tests to see whether he has HIV or other sexually transmitted diseases.

The victim began suffering seizures at 2 months old and her medical conditions stem from a brain disorder diagnosed afterward, family attorney John Micheaels said. The disorder caused motor and cognitive impairments and vision loss. She was also left with no functional use of her limbs.

News organizations, including The Associated Press, previously reported that she was in long-term care after a near-drowning.

Despite her disabilities, her family says she responds to some sensory stimuli. She turns her head toward sounds she finds pleasing like soft music or being read to, the claim said. She can groan and smile. Despite being non-verbal, she will cry and make "throaty sounds" if she is feeling pain or discomfort.

The claim said that Arizona has a duty to provide services to people with developmental disabilities by contracting with companies like Hacienda and that the state did a poor job of monitoring its operations.

While the claim heavily criticizes Hacienda and Sutherland, it seeks money only from the state.

It said Hacienda missed 83 opportunities to diagnose the woman's pregnancy. She gained weight, had a swollen belly and missed menstrual periods in the months before the child was born.

The family's lawyers said a simple blood test would have revealed the pregnancy.

Full Article & Source:
Hacienda HealthCare investigation: Family of incapacitated woman who was raped blames the state

Incapacitated AZ Patient Who Gave Birth had Been Pregnant Before

Five months after it shocked the country and grabbed headlines, the story of the incapacitated Arizona woman who unexpectedly gave birth in a long-term care facility is back with another twist: A doctor has determined the woman had been pregnant before.

A report from the Maricopa County Medical Center reveals the 29-year-old woman not only had gone through a previous pregnancy, but also she’d been “violated repeatedly” during her years at Hacienda HealthCare. The report is part of a $45 million notice of claim her family’s lawyer filed on Wednesday against the state and the facility.

The unidentified woman’s story first surfaced in December, when she gave birth to a boy in the long-term facility, where she had been in a coma-like state for several years. DNA tests linked the sexual assault to caregiver Nathan Sutherland, who’s been charged with sexual assault and vulnerable adult abuse. He’s pleaded not guilty.

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Incapacitated AZ Patient Who Gave Birth had Been Pregnant Before

A disabled woman who gave birth at a Phoenix care facility was likely pregnant before, documents allege

By Faith Karimi and Chris Boyette

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(CNN)A disabled woman who gave birth at an Arizona long-term care facility had been raped repeatedly, and had likely been pregnant before, new documents allege.

Ex-nurse accused of impregnating disabled Arizona woman.

Her lawyers filed a $45 million notice of claim to Arizona on Wednesday with allegations against the state along with Hacienda HealthCare, where the woman had lived since 1992.

She delivered a boy at the facility in late December, shocking her caregivers, who said they had no idea she was pregnant. She has since left the facility in Phoenix.

Authorities obtained DNA samples from male staff members and arrested licensed practical nurse Nathan Sutherland, 36, who was caring for the woman. He was charged with sexual assault and vulnerable adult abuse, and has pleaded not guilty.

New allegations revealed

In the notice of claim filed before litigation for settlement discussion, the family made a series of allegations against the state and the health care facility where the now 29-year-old woman lived.

Doctors who cared for Arizona sexual assault victim no longer treating patients there

The Maricopa County Medical Center examined the woman after she gave birth and concluded she'd been "violated repeatedly," the documents allege. Her giving birth was likely a "repeat parous event," which means she may have been pregnant before, the documents say.

From the claim, it's unclear whether she carried the previous pregnancy her family believes she had to term.

It said the woman suffered multiple sexual assaults that caused her permanent physical and emotional pain, and caused her parents significant emotional distress.

The woman has intellectual disabilities as a result of childhood seizures, and is bedridden and nonverbal. But she can move some of her extremities, respond to sound and make facial gestures, according to her family.

Her parents had previously requested that she be cared for by female employees and was assured that would happen, but it did not, the documents allege. Instead, unsupervised male caretakers, including the suspect, were allowed to go into her room, the documents say.

The documents accuse the state of being "vicariously liable for the negligence, gross negligence and medical negligence" at Hacienda.

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

The documents also say there are claims of negligence, gross negligence and "negligence per se" in addition to the vicarious liability. The first two claims arise from the state's "placement of the victim "at Hacienda and subsequent failure to exercise reasonable oversight" regarding her care, the documents allege.

"The unspeakable atrocities ... occurred as a result of systemic and individual misconduct and mismanagement at the Hacienda (facility) and virtually nonexistent oversight on the part of the state," the documents allege.

CNN has reached out to the Arizona Attorney General's office for comment, but has not received a response. CNN is also reaching out to Hacienda HealthCare for comment on the documents.

A spokesman for Arizona Gov. Doug Ducey said his office is reviewing the notice of claim. "The details in this matter continue to be extremely disturbing -- since day one, the governor has been clear that those responsible for this crime need to be held accountable to the fullest extent of the law," Patrick Ptak said.

After the sexual assault allegations were revealed this year, the facility said it was making changes to ensure the safety of its patients.

Among the improvements at the facility are "enhanced security," new security cameras and officers, and retraining for staff members on abuse and neglect protocols.

"Our patients, their families, our team members and the community deserve nothing less than this commitment from us," Hacienda HealthCare said.

Woman allegedly showed signs of pregnancy

Before the patient delivered her baby, there were 83 missed opportunities to diagnose the pregnancy, according to the documents.

Ex-prosecutor tapped to review how woman in vegetative state gave birth

"Over the past couple of days to weeks, the staff had noticed increased abdominal distention, and firmness," the documents allege.

The day she gave birth, she was "undergoing a workup for possible GI illnesses such as diverticulitis," according to the documents.

"The nurse on staff had noticed the patient no longer had abdominal distention or tenderness. An hour later, she returned to the room and lifted the sheets, and found that the baby's head had delivered," the documents say.

Her caretakers failed to detect her pregnancy despite signs such as missed periods, a "mass" in her abdomen, growing weight and swollen legs. As a result, she went through her pregnancy without any proper care and in a state of malnutrition, the documents allege.

The claim seeks a $25 million settlement for the victim and $10 million for each of her parents within two months or the lawyers will take the case to court.

Full Article & Source:

A disabled woman who gave birth at a Phoenix care facility was likely pregnant before, documents allege

See Also:
Ex-Nurse Accused of Raping, Impregnating Incapacitated Woman in Phoenix Appeals STD Testing Order

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

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Hacienda HealthCare to cease operation at South Phoenix facility

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

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