The former Arizona nurse accused of sexually assaulting anincapacitated woman who later gave birthin her long-term care facility is fighting a court’s order that he be tested for HIV and other sexually transmitted diseases.
Such court-ordered testing would violate the nurse’s constitutional rights, said the suspect’s attorney, Edward Molina, during a court hearing Tuesday, reportsThe Arizona Republic.
“They want to test him for HIV and I don’t know why they don’t just test the person they believe has it,” Molina told the newspaper after the hearing.
Ross D Franklin/AP/REX/Shutterstock
The incident prompted a shakeup and a criminal investigation. Bill Timmons, the CEO of Hacienda HealthCare,resigned after nearly 30 years in his position, and the doctor who cared for the victim wassuspended. The company hired former Maricopa County Attorney Rick Romley to lead aninternal investigationinto the “facts and circumstances” surrounding the birth as the result of the alleged sexual assault.
Former Hacienda HealthCare CEO Bill Timmons.Hacienda HealthCare
Phoenix police say they learned about Sutherland after search warrants turned up records from the facility identifying those who may have had access to the victim during the time she was impregnated.
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DNA samples were collected from “numerous individuals,” and Sutherland was arrested after providing a DNA sample under a court order that later matched with the child, police Sgt. Tommy Thompson said at a news conference in January.
“Every member of the Hacienda organization is troubled beyond words to think that a licensed practical nurse could be capable of seriously harming a patient,” the company said in a statement following Sutherland’s arrest.
The victim’s family has since taken custody of the child, according to authorities.
In a Feb. 26 response, Sutherland’s attorney called the request a “fishing expedition,” according to theArizona Republic.
On Tuesday Hartsell set a March 26 court date to hear further arguments on the matter.
source: people.com
