Nathan Sutherland’s attorney argued in Maricopa County Superior Court that the tests would violate his client’s constitutional rights — and claimed it would be easier for the victim to undergo testing, according to the 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,” attorney Edward Molina told the paper after the hearing.
Molina also argued that the 29-year-old victim was likely tested after she gave birth to a baby boy Dec. 29 anyway and called the request a “fishing expedition.”
Authorities say Sutherland, who will turn 37 next month, was working as a nurse at Hacienda Healthcare in Phoenix when he raped the severely disabled victim, who had been a patient at the facility since the age of three when she survived a near-drowning.
Employees said they had no clue she was even pregnant when she gave birth, sparking statewide investigations.
Investigators say Sutherland’s DNA matched a sample from the woman’s newborn, who is being taken care of by her family. He has pleaded not guilty.
A hearing on the blood test matter was scheduled for March 26. And a complex case management hearing was set for May 21.