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. 

Array

We want to hear from you.

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

Arizona News

File photo of a Valley Metro bus. A pedestrian was killed when he was hit by a city bus in downtown...

KTAR.com

Pedestrian struck, killed by city bus he was trying to stop in downtown Phoenix

A pedestrian was killed when he was hit by a city bus in downtown Phoenix on Monday night, authorities said.

2 hours ago

Insomnia in the summer may be due to Arizona heat, doctor says...

Serena O'Sullivan

Struggling with insomnia? Arizona summer heat may be to blame, sleep expert says

Arizonans who are dealing with insomnia in the summer months can blame the heat, according to a sleep expert with Banner Health.

5 hours ago

The Maricopa County Recorder’s Office website is now offering a virtual tour of the Maricopa Coun...

KTAR.com

Maricopa County Recorder’s Office website offers self-guided virtual tour of elections center

The Maricopa County Recorder's Office website is now offering a virtual tour of the downtown Phoenix elections center.

5 hours ago

Desert tortoises: Do not disturb, AZGFD warns the public...

KTAR.com

Wildlife officials warn against disturbing wild desert tortoises

The Arizona Game and Fish Department (AZGFD) urges the public to keep desert tortoises wild.

5 hours ago

Banner Imaging and HeartFlow are collaborating to offer a new program to help new patients detect c...

KTAR.com

Banner selected to test Medicare dementia care model

The model will work to increase care coordination and improve access to services and supports, which includes respite care, people living with dementia and their caregivers.

6 hours ago

hit-and-run...

KTAR.com

Police investigating fatal overnight hit-and-run in central Phoenix

Phoenix PD responded to the area of 19th Avenue and Van Buren Street regarding a collision that involved a pedestrian.

13 hours ago

Sponsored Articles

...

Sanderson Ford

3 new rides for 3 new road trips in Arizona

It's time for the Sanderson Ford Memorial Day sale with the Mighty Fine 69 Anniversary, as Sanderson Ford turned 69 years old in May.

...

Collins Comfort Masters

Here’s how to be worry-free when your A/C goes out in the middle of summer

PHOENIX -- As Arizona approaches another hot summer, Phoenix residents are likely to spend more time indoors.

...

Midwestern University

Midwestern University Clinics: transforming health care in the valley

Midwestern University, long a fixture of comprehensive health care education in the West Valley, is also a recognized leader in community health care.

Hacienda sexual assault suspect appeals HIV testing order