A former nurse accused of raping an incapacitated patient who became pregnant is fighting court-ordered testing for HIV and other sexually transmitted diseases.
Nathan Sutherland, 36, appeared in court Tuesday with his new lawyer, Edward Molina, who asked the judge for a hearing to dispute a recent directive requiring the suspect to be tested for STDs and the virus that causes AIDS.
The attorney argued such testing would violate his client's constitutional rights. In a court document he called the order a "fishing expedition," the Arizona Republic reported.
"They want to test him for HIV and I don't know why they don't just test the person they believe has it," he told the paper.
Molina said it would be easier to test the victim, who is in a long-term care facility. Her baby, born in December, is being cared for by her family.
Sutherland pleaded not guilty last month to sexual assault and abuse of a vulnerable adult charges. He is being held in lieu of a cash-only $500,000 bond.