M*****8
发帖数: 17722 | 1 Lawyer: No proof nurse raped Arizona patient who had baby
(EVEN THOUGH DNA TEST SHOWED MATCH)
By TERRY TANG
Phoenix police say Sutherland, a licensed practical nurse, has been arrested
on a charge of sexual assault of an incapacitated woman who gave birth last
month at a long-term health care facility. Phoenix Police Chief Jeri
Williams said Wednesday, Jan. 23, 2019, that investigators arrested
Sutherland on one count of sexual assault and one count of vulnerable adult
abuse. (Maricopa County Sheriff’s Office via AP)
PHOENIX (AP) — A nurse who was supposed to be looking after an
incapacitated woman at a long-term health care facility was charged
Wednesday with raping her, weeks after she stunned her caregivers and family
by giving birth to a baby boy .
Nathan Sutherland, a licensed practical nurse, has been arrested and charged
with one count of sexual assault and one count of vulnerable adult abuse,
according to court records.
“We owed this arrest to the victim. We owed this arrest to the newest
member of our community — that innocent baby,” Phoenix Police Chief Jeri
Williams said.
The surprise birth late last month triggered reviews by state agencies,
highlighted safety concerns for patients who are severely disabled or
incapacitated and led to disciplinary actions and resignations of staffers
and managers. It also prompted authorities to test the DNA of all the men
who worked at the Hacienda HealthCare facility.
Sutherland, 36, submitted his DNA sample under court order Tuesday and the
results came back a few hours later, showing he was a match to the baby. He
declined to speak with police and invoked his Fifth Amendment rights, police
spokesman Tommy Thompson said.
Sutherland appeared in court Wednesday but did not enter a plea. A Maricopa
County Superior Court commissioner set a $500,000 cash-only bond. If
Sutherland posts bond, he would need to wear an electronic monitoring device.
Defense attorney David Gregan had asked for a lower bond on the grounds that
Sutherland didn’t have a criminal record. He described his client as a
family man with young children who has lived in Arizona since 1993.
“There’s no direct evidence that Mr. Sutherland has committed these acts,
” Gregan said. “I know at this point there’s DNA. But he will have a
right to his own DNA expert.”
Gregan did not immediately return a message seeking comment.
Investigators found that Sutherland had treated the victim and spent a lot
of time with her, according to a probable cause statement. Investigators
believe Sutherland raped the patient sometime between February and April.
A former neighbor, Esella Burr, said she lived next to Sutherland, his wife
and four children for more than five years. She often saw the couple leave
for church on Sundays and they would chat occasionally.
“I can’t believe it,” Burr said. “He told me he was a nurse and he liked
his job.”
Court records indicate his wife filed for divorce seven weeks ago. A message
left at a number listed for her was not immediately returned.
Hacienda officials fired Sutherland after learning of his arrest. The
company said it was “troubled beyond words.” Sutherland had passed an
extensive background check.
“Once again, we offer an apology and send our deepest sympathies to the
client and her family, to the community and to our agency partners at every
level,” Hacienda said in a statement.
The 29-year-old victim has been in long-term care since age 3 and gave birth
at the facility on Dec. 29. Employees said they had no idea she was
pregnant. As her guardian, the woman’s mother was required to submit an
annual report to the court that included results of a medical exam.
The case has prompted the departure or discipline of key figures at Hacienda
HealthCare, including the CEO. The provider says one doctor who had cared
for the woman resigned and another had been suspended.
Earlier stories had described the patient as being comatose or in a
vegetative state. But her parents released a statement Tuesday disputing
that characterization.
They described her as intellectually disabled because of seizures in early
childhood. While she doesn’t speak, she has some mobility in her limbs,
head and neck. She also responds to sound and can make facial gestures.
The family’s attorney, John Micheaels, said in a statement that they knew
about the arrest but did not want to comment.
Thompson said he believes the baby has since been released from the hospital
. The woman’s family has said they will care for him.
Associated Press journalists Paul Davenport, Jacques Billeaud and Brian
Skoloff in Phoenix contributed to this report.
https://apnews.com/2c385edbbf8147cdafee5cbb4cdb3bb8/gallery/media:
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