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Man accused in incapacitated woman’s rape contests evidence

Nathan Sutherland’s attorney says the DNA evidence should be thrown out.

PHOENIX — A nurse charged with sexually assaulting an incapacitated woman who later gave birth at a Phoenix long-term care facility wants to throw out DNA evidence that authorities say connects him to the rape. 

Nathan Sutherland’s attorney said police didn’t get a warrant for his client’s DNA and instead relied on a court order with a lesser standard of proof to gather the evidence. 

Attorney Edwin Molina also said investigators made a misrepresentation when saying in a request for the order that dozens of male Hacienda Healthcare employees whose DNA was being sought had access to the victim. 

RELATED: 'Hacienda could happen today': Almost 2 years after Hacienda Healthcare arrest, what's changed?

The Maricopa County Attorney’s Office declined to comment.

RELATED: ADHS agrees to allow Hacienda Healthcare facility to stay open