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Hearing set over DNA evidence in rape of incapacitated woman

Posted at 2:42 PM, May 03, 2021
and last updated 2021-05-03 17:42:47-04

PHOENIX (AP) — A judge has scheduled a May 21 hearing to consider a challenge to the DNA evidence against a nurse charged with sexually assaulting an incapacitated woman who later gave birth at a long-term care facility in Phoenix.

Nathan Sutherland's lawyers argues the evidence should be tossed because officers didn't get a warrant or have probable cause to take his client's DNA and instead relied on a court order with a lesser standard of proof to gather the evidence.

Police have said Sutherland's DNA matched a sample taken from the woman's son.

Sutherland has pleaded not guilty to the charges.