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.
