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Ex-Nurse Pleads Not Guilty to Sexually Assaulting Incapacitated Woman at Nursing Home

Ex-Nurse Pleads Not Guilty to Sexually Assaulting Incapacitated Woman at Nursing Home
Ex-Nurse Pleads Not Guilty to Sexually Assaulting Incapacitated Woman at Nursing Home

In a brief arraignment hearing, the former nurse, Nathan Sutherland, who appeared in an orange jumpsuit, spoke only to provide his name and date of birth. The judge announced that a not guilty plea had been entered by Sutherland, 36, who was swiftly taken back to the Maricopa County Jail, where he has been held since his arrest Jan. 23.

The roughly minute-long proceeding was the latest development in a sexual assault case that has shocked authorities in Arizona, raised questions about the treatment of patients in long-term disability care there and brought intense scrutiny to the nursing home’s operator, Hacienda HealthCare.

The criminal case started to unfold in late December, when a woman at Hacienda who cannot talk or walk unexpectedly gave birth to a boy. Over the following weeks, the investigation became the main focus of the Phoenix Police Department, its chief said, and led to questions about the company’s operations and conduct.

Police said that a DNA sample taken from Sutherland, a Hacienda nurse assigned to treat the woman, matched that of the newborn.

On Tuesday, Gov. Douglas Ducey of Arizona, a Republican, raised the possibility of deploying the state attorney general’s office in a wide-ranging investigation into the company. The governor requested an inquiry into how Hacienda employees did not know that the 29-year-old patient, who has been at the nursing center since 1992, had been raped or notice that she was pregnant, according to a copy of the letter he sent the attorney general, Mark Brnovich.

To the shock of Hacienda staffers, the woman went into labor Dec. 29 and gave birth. A panicked employee called 911 and reported that no one knew she was pregnant and that the child was in distress, according to audio of the call released by the Phoenix Police Department. The baby boy and the woman were both doing well, police said last month. The boy is in the custody of the woman’s family.

“Although a suspect in this crime has been apprehended,” Ducey said in the letter, “details continue to emerge regarding the leadership of this entity and its lack of action.”

In addition to seeking an investigation of the woman’s case, the governor requested a broader investigation into Hacienda’s management, with a focus on possible financial fraud and “violations of Arizona’s civil rights act” in its company culture. Since 2016, the Arizona health agency that manages the state’s Medicaid program has been investigating $3.4 million in possible Medicaid fraud at Hacienda.

The governor’s comment about Hacienda’s culture appeared to reference sexual harassment allegations against its longtime chief executive, Bill Timmons, that were reported last month by The Arizona Republic and later confirmed by the company. Timmons abruptly resigned last month, a few days after police opened an investigation into the woman’s assault.

“One thing is clear though — Arizona cannot tolerate such disregard for its most vulnerable citizens or laws of our state,” Ducey wrote. “We must continue to exercise intense scrutiny and vigilance to ensure public safety, accountability and justice.”

It was not clear what action Brnovich’s office planned to take in response to the governor’s letter. A spokeswoman for the attorney general did not respond to a request for comment.

Since the assault case was made public, Hacienda officials have pledged to cooperate with local and state investigators, as well as work to regain the public’s trust. The company recently hired a former top prosecutor in Maricopa County to conduct its own investigation into the assault. A company spokesman did not respond to a request for comment.

The next court date for Sutherland, who is being held on $500,000 bail, was scheduled for next month.

This article originally appeared in The New York Times.

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