Nathan Sutherland’s legal professional argued in Maricopa County Superior Court docket that the assessments would violate his shopper’s constitutional rights — and claimed it could be simpler for the sufferer to bear testing, in accordance with The Arizona Republic.
“They wish to check him for HIV and I don’t know why they don’t simply check the individual they imagine has it,” legal professional Edward Molina informed the paper after the listening to.
Molina additionally argued that the 29-year-old sufferer was probably examined after she gave delivery to a child boy Dec. 29 anyway and known as the request a “fishing expedition.”
Authorities say Sutherland, who will flip 37 subsequent month, was working as a nurse at Hacienda Healthcare in Phoenix when he raped the severely disabled sufferer, who had been a affected person on the facility for the reason that age of three when she survived a near-drowning.
Staff mentioned that they had no clue she was even pregnant when she gave delivery, sparking statewide investigations.
Investigators say Sutherland’s DNA matched a pattern from the lady’s new child, who’s being taken care of by her household. He has pleaded not responsible.
A listening to on the blood check matter was scheduled for March 26. And a posh case administration listening to was set for Could 21.