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Man accused in incapacitated woman’s rape contests evidence

AP Hacienda file pool photo Nathan Sutherland.jpeg
Posted at 12:10 PM, Feb 26, 2021
and last updated 2021-02-26 14:10:51-05

PHOENIX (AP) — A nurse charged with sexually assaulting an incapacitated woman who later gave birth at a Phoenix long-term care facility wants to throw out DNA evidence that authorities say connects him to the rape.

Nathan Sutherland’s attorney said police didn’t get a warrant for his client’s DNA and instead relied on a court order with a lesser standard of proof to gather the evidence.

Attorney Edwin Molina also said investigators made a misrepresentation when saying in a request for the order that dozens of male Hacienda Healthcare employees whose DNA was being sought had access to the victim. The Maricopa County Attorney’s Office declined to comment.