Nurse, 36, accused of raping incapacitated, disabled patient is fighting STD and HIV court-ordered tests because it 'would violate his constitutional rights' Nathan Sutherland's lawyer, Edward Molina, asked Maricopa County Superior Judge Roger Hartsell to schedule a hearing concerning the court order It was originally ruled that the results be made available to the nurse's victim Molina argued that the STD testing would violate the 36-year-old's constitution rights He also asked why the state couldn't look at the victim's test results, claiming that she should have had test done after giving birth in December Molina referred to the request as a 'fishing expedition' in February On February 5, Sutherland pleaded not guilty in an Arizona court to charges of sexual assault and vulnerable adult abuse By Dailymail.com Reporter Published: 05:49 GMT, 20 March 2019 | Updated: 05:52 GMT, 20 March 2019 Viewcomments The former nurse believed to have raped and impregnated an incapacitated patient in Arizona will fight a court-ordered STD and HIV test, according to his lawyers on Tuesday. Nathan Sutherland's lawyer, Edward Molina, asked Maricopa County Superior Judge Roger Hartsell to schedule a hearing concerning the court order. It was originally ruled that the results be made available to the nurse's victim, AZ Central reports. Nathan Sutherland's lawyers argued that the STD testing would violate the 36-year-old's constitution rights Molina argued that the testing would violate the 36-year-old's constitution rights and pondered whether it would be easier for the victim to take the test as she is currently at a long-term care facility. The lawyer added that since the victim gave birth in December, she has likely already been tested for STDs. Molina referred to the request as a 'fishing expedition' in February. The defendant, a licensed practical nurse who began working at the Hacienda Healthcare in Phoenix in 2012, was charged with one count each of sexual assault and abuse of a vulnerable adult '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 said. A hearing on the blood test matter was scheduled for March 26. A complex case management hearing is set for May 21. Sutherland, a devout Christian and father-of-four, was forced to submit his DNA sample under court order, to determine if he was the baby's father On February 5, Sutherland pleaded not guilty in an Arizona court. Nathan Sutherland was arrested in January after DNA evidence linked him to the victim's child. The defendant, a licensed practical nurse who began working at the Hacienda Healthcare in Phoenix in 2012, was charged with one count each of sexual assault and abuse of a vulnerable adult. Police started investigating after the 29-year-old woman, who they say was not in a position to give consent, unexpectedly gave birth on December 29. The patient had been at the facility since she was three. The shock delivery prompted authorities to test the DNA of all the men who worked at the care facility. Sutherland, a devout Christian and father-of-four, was forced to submit his DNA sample under court order. Read more: Share or comment on this article: All rights reserved for this news site dailymail and under his responsibility