Former Hacienda nurse accused of raping, impregnating patient to fight court-ordered HIV, STD testing

The former Hacienda nurse accused of raping and impregnating an incapacitated  woman plans to fight court-ordered testing for HIV and sexually transmitted diseases.  

Nathan Sutherland, who will turn 37 this month, stood silently beside his new attorney, Edward Molina, during what was essentially a housekeeping hearing Tuesday morning in Maricopa County Superior Court.

Molina asked Maricopa County Superior Court Judge Roger Hartsell to schedule a hearing concerning a recent order that would require Sutherland to undergo testing for HIV and other STDs. The state initially requested the results be given to the victim. 

Molina argued any court-ordered testing would violate Sutherland's constitutional rights in response to the state's motion. He also questioned the motives of the testing considering it would be easier to test the victim as she's currently a patient in a long-term care facility. The victim has likely already been tested in the months since she gave birth in December, he continued. 

He called the request a "fishing expedition" in a Feb. 26 response. 

"They want to test him for HIV and I don't know why they don't just test the person they believe has it," he told The Arizona Republic following the hearing. 

But Hartsell ordered the testing be done in February and the results submitted to the Arizona Department of Health Services regardless. 

A hearing on the matter was scheduled for March 26. They also scheduled another complex case management hearing for May 21. 

Molina declined to speak further about a potential plea mentioned briefly during Tuesday's hearing. 

"With every case there's plea talks," he said. 

Attorney: Suspect should be in street clothes, unshackled

Molina also filed a motion arguing that Sutherland should not be shackled and be allowed to wear casual clothing for any future in-person court proceedings since the media attention on the case practically guarantees many of the proceedings will be broadcast. The appearance of Sutherland in the orange Maricopa County jail jumpsuit and shackles could taint a future jury pool.

Hartsell said a hearing on the matter will be scheduled for a later date. 

Sutherland pleaded not guilty to multiple charges of sexual assault and vulnerable-adult abuse in February. He is being held in a Maricopa County jail on a $500,000 cash-only bail.

Hacienda HealthCare staff said they didn't know the female patient was pregnant until she gave birth to a boy on Dec. 29. Court records describe the woman as "not alert" and needing a "maximum level of care." She has since been removed from Hacienda and her parents are taking care of the baby. 

Sutherland was arrested in January after Phoenix police said his DNA was tied to the baby.

During the initial appearance, Sutherland's previous attorney said there was "minimum evidence" his client committed the crime, and they intended to have their own DNA testing performed. 

Police said Sutherland was primarily responsible for the woman's care at the time of the assault. He began working at Hacienda in 2012 and was promptly fired after the facility learned of his arrest. 

He's since voluntarily surrendered his license to the Arizona State Board of Nursing.

Sutherland's wife filed for divorce on Dec. 5 — three weeks before the victim gave birth. Court documents indicate they've been separated since May and recently reached a settlement agreement. They have until April 30 to finalize the divorce or it will be dismissed, according to court records. 

Reach public safety reporter Bree Burkitt at bburkitt@republicmedia.com or at 602-444-8515. Follow her on Twitter at @breeburkitt.

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