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 attorney argued in Maricopa County Superior Court that the tests would violate his client’s constitutional rights — and claimed it would be easier for the victim to undergo testing, according to the Arizona Republic.
ARIZONA NURSE INDICTED FOR ALLEGEDLY RAPING INCAPACITATED WOMAN
“They want to test him for HIV and I don’t know why they don’t just test the person they believe has it,” attorney Edward Molina told the paper after the hearing.
Molina also argued that the 29-year-old victim was likely tested after she gave birth to a baby 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 victim, who had been a patient at the facility since the age of three when she survived a near-drowning.
Employees said they had no clue she was even pregnant when she gave birth, sparking statewide investigations.
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Investigators say Sutherland’s DNA matched a sample from the woman’s newborn, who is being taken care of by her family. He has pleaded not guilty.
A hearing on the blood test matter was scheduled for March 26. And a complex case management hearing was set for May 21.
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