Former nurse accused of raping, impregnating patient to fight court-ordered HIV, STD testing
PHOENIX – The former Arizona health care facility nurse accused of raping and impregnating an incapacitated woman plans to fight court-ordered testing for HIV and sexually transmitted diseases.
Nathan Sutherland, the former Hacienda HealthCare nurse, who will turn 37 this month, stood silently beside his new attorney, Edward Molina, during what was essentially a housekeeping hearing Tuesday morning in Maricopa County Superior Court.
Molina asked Maricopa County Superior Court Judge Roger Hartsell to schedule a hearing concerning a recent order that would require Sutherland to undergo testing for HIV and other STDs. The state initially requested the results be given to the victim.
Molina argued any court-ordered testing would violate Sutherland's constitutional rights in response to the state's motion. He also questioned the motives of the testing considering it would be easier to test the victim as she's currently a patient in a long-term care facility. The victim probably already has been tested in the months since she gave birth in December, he continued.
He called the request a "fishing expedition" in a Feb. 26 response.
"They want to test him for HIV and I don't know why they don't just test the person they believe has it," he said after the hearing.
But Hartsell ordered the testing be done in February and the results submitted to the Arizona Department of Health Services regardless.
Feb. 19: People in Arizona may soon have to give their DNA to the state and pay $250 for the privilege
Feb. 8: Arizona facility where patient was raped and gave birth will stay open after state steps in
A hearing on the matter was scheduled for March 26. They also scheduled another complex-case management hearing for May 21.
Molina declined to speak further about a potential plea mentioned briefly during Tuesday's hearing.
"With every case there's plea talks," he said.
Attorney: Suspect should be in street clothes, unshackled
Molina also filed a motion arguing that Sutherland should not be shackled and be allowed to wear casual clothing for any future in-person court proceedings since the media attention on the case practically guarantees many of the proceedings will be broadcast. The appearance of Sutherland in the orange Maricopa County jail jumpsuit and shackles could taint a future jury pool.
Hartsell said a hearing on the matter will be scheduled for a later date.
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.
Feb. 5: Former Hacienda nurse accused of sexually assaulting, impregnating patient pleads not guilty
Jan. 23: Hacienda HealthCare sexual-assault case: Who is nurse Nathan Sutherland?
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 say his DNA was tied to the baby.
During the initial appearance, Sutherland's previous attorney said there was "minimum evidence" his client committed the crime, and that they intended to have their own DNA testing performed.
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.
He's since voluntarily surrendered his license to the Arizona State Board of Nursing.
Sutherland's wife filed for divorce Dec. 5 – three weeks before the victim gave birth. Court documents indicate they've been separated since May and recently reached a settlement agreement. They have until April 30 to finalize the divorce or it will be dismissed, according to court records.
Follow Bree Burkitt on Twitter: @breeburkitt
Jan. 23: Nurse arrested in sexual assault of incapacitated woman at Phoenix facility
Jan. 19: Rape victim who gave birth at Phoenix nursing facility is not in a coma, lawyer says
Jan. 11: 'We had no idea this patient was pregnant': Nurse's 911 call details surprise birth
Jan. 9: Phoenix police: Finding incapacitated patient's rapist 'highest priority'
Jan. 8: Police seek DNA from male workers at Phoenix nursing facility where patient became pregnant
This article originally appeared on Arizona Republic: Former nurse accused of raping, impregnating patient to fight court-ordered HIV, STD testing
