Flood Watch
from FRI 11:00 AM MST until SAT 11:00 PM MST, Coconino Plateau, Yavapai County Mountains, Little Colorado River Valley in Coconino County, Little Colorado River Valley in Navajo County, Little Colorado River Valley in Apache County, Western Mogollon Rim, Eastern Mogollon Rim, White Mountains, Northern Gila County, Yavapai County Valleys and Basins, Oak Creek and Sycamore Canyons, Western Pima County including Ajo/Organ Pipe Cactus National Monument, Tohono O'odham Nation including Sells, Upper Santa Cruz River and Altar Valleys including Nogales, Tucson Metro Area including Tucson/Green Valley/Marana/Vail, South Central Pinal County including Eloy/Picacho Peak State Park, Southeast Pinal County including Kearny/Mammoth/Oracle, Upper San Pedro River Valley including Sierra Vista/Benson, Eastern Cochise County below 5000 ft including Douglas/Wilcox, Upper Gila River and Aravaipa Valleys including Clifton/Safford, White Mountains of Graham and Greenlee Counties including Hannagan Meadow, Galiuro and Pinaleno Mountains including Mount Graham, Chiricahua Mountains including Chiricahua National Monument, Dragoon/Mule/Huachuca and Santa Rita Mountains including Bisbee/Canelo Hills/Madera Canyon, Santa Catalina and Rincon Mountains including Mount Lemmon/Summerhaven, Baboquivari Mountains including Kitt Peak, Kofa, Central La Paz, Aguila Valley, Southeast Yuma County, Gila River Valley, Northwest Valley, Tonopah Desert, Gila Bend, Buckeye/Avondale, Cave Creek/New River, Deer Valley, Central Phoenix, North Phoenix/Glendale, New River Mesa, Scottsdale/Paradise Valley, Rio Verde/Salt River, East Valley, Fountain Hills/East Mesa, South Mountain/Ahwatukee, Southeast Valley/Queen Creek, Superior, Northwest Pinal County, West Pinal County, Apache Junction/Gold Canyon, Tonto Basin, Mazatzal Mountains, Pinal/Superstition Mountains, Sonoran Desert Natl Monument, San Carlos, Dripping Springs, Globe/Miami, Southeast Gila County

Ex-nurse accused of raping Hacienda Healthcare patient appeals HIV testing order

PHOENIX (AP) - A former nurse charged with sexually assaulting an incapacitated woman who later gave birth at a Phoenix long-term care facility has appealed a court order requiring a test to determine if he has HIV or other sexually transmitted diseases.

A lawyer for Nathan Sutherland says in an appeal filed last week that a lower-court order should be overturned because there is no evidence to suggest his client has a sexually transmitted disease.

Attorney Edwin Molina says such a test would violate Sutherland's constitutional protections against unreasonable searches and seizures.

The Maricopa County Attorney's Office, which is prosecuting Sutherland, declined to comment on the appeal.

Prosecutors have previously cited a state law that says people accused of sexual assault are subject to tests to determine whether they have a sexually transmitted disease. Such results are to be released to the victims.

>>FULL COVERAGE: Hacienda Healthcare investigation

Authorities say Sutherland, 37, was working as a licensed practical nurse at Hacienda Healthcare when he raped the 29-year-old victim, who has been in long-term care since age 3 after suffering a near-drowning.

She gave birth to a boy at the facility on Dec. 29. Employees said they had no idea she was pregnant.

The surprise birth triggered reviews by state agencies, highlighted safety concerns for patients who are severely disabled or incapacitated and prompted the resignations of Hacienda's chief executive and one of the victim's doctors.

Investigators say Sutherland's DNA matched a sample from the woman's newborn boy, who is being cared for by her family.

Sutherland has pleaded not guilty to charges of sexual abuse and abuse of a vulnerable adult.

Hacienda fired Sutherland after his arrest. He has since given up his nursing license.