connectVideoArizona governor calls on Hacienda Healthcare, the board of directors to resign
The former nurse accused of raping and impregnating an incapacitated patient in Arizona will fight a court-ordered HIV-and STD-test, his lawyer said Tuesday.
Nathan Sutherland’s lawyer argued in Maricopa County Superior Court that the test would violate his client’s constitutional rights and claimed that it would be easier for the victim to undergo testing, according to the Arizona Republic.
ARIZONA NURSE PROSECUTED FOR THE ALLEGED RAPE OF INCAPACITATED WOMEN
“They want to test him for HIV, and I don’t know why they are not just testing the person they believe is,” lawyer Edward Molina told the newspaper after the hearing.
Molina also argued that the 29-year-old victim was probably tested after she gave birth to a boy Dec. 29 anyway and called the request a “fishing expedition.”
Authorities say Sutherland, who will turn 37 next month, was working as a nurse at Hacienda Healthcare in Phoenix when he raped the severely disabled victims, who had been a patient at the facility since the age of three years when she survived a near-drowning.
Employees said they had no idea she was even pregnant when they give birth, sparks state investigations.
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Researchers say that Sutherland’s DNA matches a sample of the woman of the newborn, who is taken in by her family. He pleaded not guilty.
A hearing on the blood test case was scheduled for March 26. And a complex case management hearing was set for May 21.
This story was previously published in the New York Post.