ARIZONA NEWS

Hacienda sexual assault suspect appeals HIV testing order

May 20, 2019, 1:44 PM
This photo provided by Maricopa County Sheriff’s Office shows Nathan Sutherland.  Phoenix police ...

This photo provided by Maricopa County Sheriff’s Office shows Nathan Sutherland. Phoenix police say Sutherland, a licensed practical nurse, has been arrested on a charge of sexual assault of an incapacitated woman who gave birth last month at a long-term health care facility. Phoenix Police Chief Jeri Williams said Wednesday, Jan. 23, 2019, that investigators arrested Sutherland on one count of sexual assault and one count of vulnerable adult abuse. (Maricopa County Sheriff’s Office via AP)

(Maricopa County Sheriff’s Office via AP)

PHOENIX — The former Hacienda HealthCare nurse accused of sexually assaulting an incapacitated patient appealed a court order requiring a test to determine if he has HIV.

Attorney Edwin Molina, who is representing Nathan Sutherland, on Monday said the lower court order should be overturned.

Molina argued such a test would violate Sutherland’s protections against unreasonable searches and seizures since there is no evidence suggesting his client has a sexually transmitted disease.

Prosecutors have cited a state law that says people accused of sexual assault are subject to tests to determine whether they have a sexually transmitted disease.

Sutherland, 36, was arrested in January after police said his DNA was linked to the baby of the 29-year-old patient. The baby was born at the Phoenix facility in December.

Authorities said Sutherland was a licensed practical nurse who was responsible for caring for the victim during the time the alleged sexual assault occurred.

Sutherland has since pleaded not guilty to the charges and gave up his nursing license.

The Associated Press contributed to this report. 

Lifetime Windows & Doors

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Arizona News

FILE - Kari Lake, Arizona Republican candidate for governor, speaks to supporters at the Republican...
Associated Press

Lake seeks election records in suit against Arizona county

Kari Lake, the defeated Republican candidate for Arizona governor, has filed a public records lawsuit demanding Maricopa County hand over a variety of documents related to the election.
1 day ago
Carey Johnson and her son Fabian Swain are photographed wearing face masks in their Germantown, Md....
Associated Press

After a year, omicron still driving COVID surges and worries

A year after omicron began its assault on humanity, the ever-morphing coronavirus mutant drove COVID-19 case counts higher in many places just as Americans gathered for Thanksgiving.
1 day ago
(City of Mesa Photo)...
KTAR.com

Merry Main Street with ice rink, other holiday activities returns to downtown Mesa

Mesa's annual Merry Main Street begins Friday and will offer multiple holiday activities for the whole family to enjoy each day through early January.
1 day ago
Joaquin Santiago Orozco (Mesa Police Department Photo)...
KTAR.com

Mesa police involved in shooting with man who allegedly rammed them with vehicle

Mesa police were involved in a shooting with a man late Thursday night who allegedly rammed them with a vehicle after failing to stop for a civil traffic offense, authorities said.
1 day ago
Brian Hanrahan (Courtesy Photo)...
KTAR.com

Silver Alert canceled after missing 78-year-old man found safe

A Silver Alert was canceled Friday after a missing 78-year-old man last seen in Phoenix was found safe, authorities said.
1 day ago
(Facebook Photo/City of Mesa, Arizona Government, Pexels Photo)...
KTAR.com

Weekend guide: Here are the biggest events around metro Phoenix for Nov. 25-27

The holiday season is officially underway and there are plenty of events around the Valley this weekend to get into the festive mood.
1 day ago

Sponsored Articles

...
Quantum Fiber

How high-speed fiber internet edges out cable for everyday use

In a world where technology drives so much of our daily lives, a lack of high-speed internet can be a major issue.
...
Day & Night Air Conditioning, Heating and Plumbing

Prep the plumbing in your home just in time for the holidays

With the holidays approaching, it's important to know when your home is in need of heating and plumbing updates before more guests start to come around.
...
Quantum Fiber

How high-speed fiber internet can improve everyday life

Quantum Fiber supplies unlimited data with speeds up to 940 mbps, enough to share 4K videos with coworkers 20 times faster than a cable.
Hacienda sexual assault suspect appeals HIV testing order