Judge rejects bid to toss DNA in incapacitated woman's rape by Hacienda Healthcare nurse

A former nurse charged with sexually assaulting an incapacitated woman who later 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 on Monday 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. Sutherland’s lawyer argued police were unaware of the job duties of the 36 men or whether they had contact with the then-29-year-old victim.