Judge Rejects Bid To Toss DNA In Incapacitated Woman’s Rape

May 25, 2021

A former nurse charged with sexually assaulting an incapacitated woman who gave birth at a Phoenix long-term care facility has lost a bid to throw out DNA evidence that authorities say links him to the crime. 

This undated photo provided by Maricopa County Sheriff's Office shows Nathan Sutherland, who is charged with sexually assaulting an incapacitated woman who later gave birth in 2018 at a long-term care facility in Phoenix. A judge on Monday, May 24, 2021, rejected Sutherland's bid to throw out DNA evidence that authorities say ties him to the sexual assault. Sutherland has pleaded not guilty to the charges.
Credit Maricopa County Sheriff's Office via AP, File

  

A judge rejected Nathan Sutherland’s claim that investigators made a misrepresentation when saying in a request for a court order that 36 male Hacienda Healthcare employees whose DNA was being sought had direct access to the victim. Judge Stephen Hopkins said it was a logical deduction that the father worked at the facility, considering the victim lived there since she was 3. Sutherland pleaded not guilty to the charges.