BLACK RAPE: Judge rejects bid to toss DNA in Hacienda Healthcare rape case

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Judge rejects bid to toss DNA in Hacienda Healthcare rape case


The Associated Press
Posted 1 hr ago

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Nathan Sutherland
was in court on Tuesday, Feb. 18, when a judge granted a 60-day continuance, pushing back his trial to late April.
Source: 3TV/CBS 5
PHOENIX (AP) — A former nurse charged with sexually assaulting an incapacitated woman who later gave birth at a Phoenix long-term care facility has lost a bid to throw out DNA evidence that authorities say links him to the crime.
A judge on Monday rejected Nathan Sutherland’s claim that investigators made a misrepresentation when saying in a request for a court order that 36 male Hacienda Healthcare employees whose DNA was being sought had direct access to the victim. Sutherland’s lawyer argued police were unaware of the job duties of the 36 men or whether they had contact with the then-29-year-old victim.

“The victim had been in a vegetative state since the age of three," Judge Stephen Hopkins wrote. “It was a very logical deduction that one of the male employees/agents who were present at the facility would be the father.”
The judge also rejected Sutherland’s characterization that police had a casual approach to the investigation. Hopkins said there was no evidence to suggest, as Sutherland has, that a routine order to collect evidence was signed by a court official to save face politically in a high-profile investigation.
It’s unknown whether Sutherland will appeal the ruling. His attorney, Edwin Molina, didn’t immediately return a phone call and email Tuesday morning seeking comment on the decision.
The pregnancy was discovered in December 2018 when an employee at the Hacienda Healthcare facility in Phoenix was changing the garments of the victim and noticed the patient was in the process of delivering a child. Employees told police that they had no idea the woman was pregnant.
Sutherland, a licensed practical nurse, has pleaded not guilty to charges of sexual assault and abuse of a vulnerable adult. He was fired by Hacienda after his arrest and has since given up his nursing license.


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 birth triggered reviews by state agencies, highlighted safety concerns for patients who are severely disabled or incapacitated, and prompted the resignations of Hacienda’s chief executive and one of the victim’s doctors.
It led to a lawsuit from the victim’s parents that alleged Sutherland had cared for their daughter on hundreds of occasions from 2012 through 2018, despite promises from the state — which contracts with companies like Hacienda to provide services to people with developmental disabilities — that only women would tend to her.
An expert on behalf of her family has said many of Sutherland’s encounters with the patient occurred overnight, when fewer staff members and visitors were around.
Lawyers for the family also said Hacienda [WAS WHY DOCTOR RESIGNED] missed dozens of signs that the woman was carrying a baby, pointing out that she had gained weight, had a swollen belly and missed menstrual periods in the months before the child was born.
They said the victim, who has a feeding tube and whose nutrition was reduced in response to her weight gain during the pregnancy, delivered the boy while severely dehydrated and without pain medications.
The victim lived at Hacienda for 26 years, until the child’s birth. Her medical conditions stem from a brain disorder that caused motor and cognitive impairments and vision loss. She was also left with no functional use of her limbs.

SPECIAL SECTION: Hacienda Healthcare pregnancy investigation

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MORAL OBLIGATION of Family: Refuse to place any family member in a long or short term healthcare setting where blacks are employed and/or are providing personal care to either male or females who cannot protect their selves from physical or emotional abuse.


BAN ALL BLACK SPORTS TOO!
 

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Former Nurse Pleads Guilty To Rape Of Severely Disabled Woman Who Gave Birth

A former Arizona nurse has pleaded guilty to raping an incapacitated woman at a long-term care facility where she later gave birth. In addition to the sexual assault charge, Nathan Sutherland also entered a guilty plea Thursday a charge of abuse of a vulnerable adult. The pregnancy was discovered in 2018 when an employee at the Hacienda Healthcare facility in Phoenix was changing the garments of the then-29-year-old victim and noticed the patient was in the process of delivering a child. Employees said they had no idea the woman was pregnant.​

 

Former nurse who sexually assaulted an intellectually disabled woman is sentenced to 10 years in prison
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(CNN)A man who pleaded guilty to sexually assaulting an intellectually disabled woman in an Arizona long-term health care facility was sentenced to 10 years in prison Thursday, according to prosecutors.
Nathan D. Sutherland, formerly a licensed practical nurse who was caring for the woman, was accused of impregnating her in 2018 while she was in a vegetative state at the facility, prosecutors said. She shocked employees by giving birth at the facility in December 2018, with one telling a 911 dispatcher, "We had no idea she was pregnant."
In January 2019, Sutherland was arrested after a sample of his DNA matched the baby's, police said.
 
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