PHOENIX (AP) -- A former Hacienda HealthCare nurse charged with sexually assaulting an incapacitated woman who later gave birth at the long-term care facility in Phoenix will appeal a court order requiring a test to determine if he has HIV or other sexually transmitted diseases.
Court Commissioner Roger Hartsell issued a Feb. 27 order requiring Nathan Sutherland to take the test and rejected a request Tuesday to reconsider the requirement.
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Sutherland attorney Edwin Molina argued the test would violate his client’s protections against unreasonable searches and seizures.
Molina says authorities have no probable cause to believe Sutherland has a sexually transmitted disease.
Authorities say Sutherland was working as a nurse at Hacienda HealthCare when he raped the 29-year-old victim.
He pleaded not guilty to the charges.
[ORIGINAL EXCLUSIVE STORY: Woman in vegetative state gives birth at Hacienda Healthcare in Phoenix]
Sutherland has since given up his nursing license.