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Hacienda sexual assault suspect appeals HIV testing order

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)

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. 

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