A judge has scheduled a May 21 hearing to consider a challenge to the DNA Evidence against a nurse charged with sexually assaulting an impaired woman who gave birth at a long-term care facility in Phoenix.
An attorney for Nathan Sutherland argues the evidence should be tossed because Phoenix police officers didn’t get a warrant or have probable cause to take his client’s DNA Evidencee and instead relied on a court order with a lesser standard of proof to gather the evidence. Prosecutors are scheduled to file a response to the challenge later this week.
Police have said Sutherland’s DNA matched a sample taken from the woman’s son. The victim’s mother is the boy’s guardian. The surprise pregnancy was discovered in December 2018 when an employee at the long-term care facility was changing the garments of the 29-year-old victim and noticed she was in the process of delivering a child.
The family’s lawsuit was filed in Maricopa County Superior Court on Dec. 24. Arizona is the first defendant named. Phillip Gear Jr. and his wife, Just 4 Kids Pediatrics, Dr Than Diep Nguyen and his wife, and Internal Medicine Consultants. Her parents were also notified and requested that only female staff care for their daughter, the suit says. Her mom was told that the request would be abided by and honoured. According to the lawsuit, male staffers were always supposed to be accompanied by a female staffer. That didn’t happen.he suit says Sutherland, a licensed practical nurse, started working at Hacienda in January 2012. Within days, the woman was assigned to him. Court documents mention Hacienda records show that Sutherland provided care for the woman, by himself and unaccompanied by female staff, on hundreds of occasions. Police arrested Sutherland after DNA Evidence showed him to be the baby’s father.