PHOENIX — A former nurse charged with sexually assaulting an incapacitated woman who 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 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.
Judge Stephen Hopkins said it was a logical deduction that the father worked at the facility, considering the victim lived there since she was three.
Sutherland pleaded not guilty to the charges.
