PHOENIX — 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.
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The Maricopa County Attorney’s Office declined to comment.
