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27.02.2021 / 18:17

Man accused in incapacitated woman’s rape at Phoenix facility contests evidence

PHOENIX - A nurse charged with sexually assaulting an incapacitated woman who later gave birth at a long-term care facility in Phoenix is asking a judge to throw out DNA evidence that authorities say ties him to the rape.An attorney for Nathan Sutherland said in a court filing this week that the evidence should be tossed because Phoenix police officers didn’t get a warrant or have probable cause to take his client’s DNA and instead relied on a court order with a lesser standard of proof to gather the evidence.Sutherland’s lawyer, Edwin Molina, said investigators made a misrepresentation when saying in a request for the court order that 36 male Hacienda Healthcare employees whose DNA was being sought had direct access to the victim.

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