GUILTY AZ - Sex abuse probe after patient in vegetative state has baby, Phoenix, 29 Dec 2018 *Arrest*

Nurse at Arizona health facility pleads not guilty in sexual assault of incapacitated women

Investigators were able to identify Nathan Sutherland through DNA testing.

The nurse charged with sexually assaulting an incapacitated patient who gave birth at a Phoenix health care facility pleaded not guilty on Tuesday.

Nathan Sutherland, 36, was arrested on suspicion of sexual assault and vulnerable adult abuse on Jan. 23 after an unidentified woman, 29, went into labor at the long-term care center where she has been a patient for about 10 years...
 
Facility where incapacitated woman gave birth to shut down

A long-term care facility in Arizona where an incapacitated woman was raped and later gave birth is shutting down.

Officials with Hacienda HealthCare announced Thursday that its board of directors determined it's not sustainable to keep operating its intermediate care facility in Phoenix.

[...]
 
From another article:
“[SBM]

Willie Shorter, 58, of the 1300 block of Briarwood Drive, was charged with lewd and lascivious battery on a disabled person. He posted $15,000 bail Thursday at the Brevard County Jail and did not make a first appearance in court, the State Attorney's Office said. Prosecutors will be scheduling an arraignment date.

[SBM]

4-year investigation

Shorter was questioned during the initial investigation but denied the allegations. There was not enough evidence at the time to require a DNA sample from him, according to his arrest report.

The baby was born in May 2015 and adopted by the woman's family, Cooke said.

Shorter voluntarily submitted a DNA sample last April, after the woman told police he had touched her genitals, according to reports. On Wednesday, the DNA came back a match with the child, police said.

Shorter was arrested about 2 p.m. at one of Bridges' group homes, Cooke said.

The four-year-long investigation had a number of things working against it, said Rockledge Deputy Police Chief Donna Seyferth. The disability of the client, difficulties relating to the pregnancy, the involvement of a child and the slow pace of DNA testing all posed challenges that slowed progress.

Unfortunately, forensic science doesn't always move as quick as we like,’ Seyferth said. ‘We're glad to be able to have some closure in the case.’

Remained on staff

[SBM]

‘We decided he could return to work because he was not charged with anything, but we decided he should not work at the same home,’ [Bridges president and CEO David] Cooke said.

[SBM]

Shorter is no longer employed at Bridges following his arrest, Cooke said.

[SBM]

Employees must undergo rigorous background checks, including FBI screening, every five years, Cooke said. Potential hires are also checked against national and state sex offender registries and are screened for drug use.

[SBM]

Shorter was arrested once and charged with misdemeanor battery in 1997, but the charges were later dropped, court records show. He has no criminal convictions in Brevard.

[SBM]” (BBM)
Bridges employee arrested after fathering child with a woman with disabilities, police say

In the AZ case:
“A court order compelled Sutherland to provide a DNA sample to investigators on Tuesday, and crime lab technicians determined his DNA ‘matched the baby,’ Phoenix police Sgt. Tommy Thompson said. Sutherland was arrested on Tuesday.” (BBM)
https://www-m.cnn.com/2019/01/23/health/arizona-woman-birth-vegetative-state/index.html?utm_content=2019-01-24T14:00:04&utm_term=video&utm_source=fbHLN&utm_medium=social&r=https://www.websleuths.com/forums/threads/az-sex-abuse-probe-after-patient-in-vegetative-state-has-baby-phoenix-29-dec-2018-arrest.409716/page-1

So in the AZ case, it took LE less than a day to obtain a sample, test it, get the results back and arrest the alleged perpetrator.

Why did it take them eight months in FL?

And why is WS only “charged with lewd and lascivious battery on a disabled person”? The baby was born almost four years ago. They’ve had all this time to investigate the case and gather and test the other evidence. They now have a DNA match, yet the alleged perpetrator bonds out within hours of his arrest?
 
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“One day after Hacienda HealthCare announced it would close its intermediate-care facility where a patient was raped, the state has stepped in to keep it open.

‘Given the high medical risks associated with transferring these patients, moving this medically fragile community is the option of last resort and not the state's goal,’ says a joint statement from the Arizona Department of Economic Security and the state's Medicaid program.

[SBM]

Hacienda HealthCare chose the latter, allowing the Arizona Department of Health Services to assume licensing authority over Hacienda's intermediate-care facility for people with intellectual disabilities, though state officials stressed that an agreement between the two entities still needs to be reached.

[SBM]

The facility is not currently licensed by the statedue to a 1997 Arizona law that exempts intermediate-care facilities from state licensing. Two Arizona senators introduced a bill this session to remove that exemption after the news about Hacienda came to light.

[SBM]

The state's numerous directives to Hacienda over the last month have been ‘often rushed and onerous,’ Hacienda board President Thomas R. Pomeroy wrote to AHCCCS and DES in a letter dated Friday.

[SBM]

Among improvements made at the facility, Pomeroy wrote that Hacienda has retained three armed off-duty police officers 24 hours per day, seven days per week, and has installed 30 internal cameras to capture all common areas and entrances and exits from the building.

[SBM]

‘This is good news and the best immediate outcome as it means Hacienda patients and families would be allowed to say in the home they've known for years while ensuring new and enhanced protections and oversight are put in place,’ Patrick Ptak, a spokesman for Gov. Doug Ducey, said in a released statement.

[SBM]

Ducey on Tuesday called on Arizona Attorney General Mark Brnovich to investigate patient care, financial fraud and sexual-harassment claims at Hacienda HealthCare.

[SBM]

Hacienda had been ordered to install a third-party manager, and for a few days Benchmark Human Services of Indiana was on site and assumed operating authority. But Benchmark and Hacienda did not reach an agreement, and by the end of the week the Indiana company left Hacienda.

Benchmark confirmed with The Arizona Republic on Wednesday that it would not be returning to Hacienda.

A statement from the Arizona Department of Health Services said an agreement between Hacienda and the state health department ‘will ensure the ongoing safety of the residents at Hacienda.’

[SBM]” (BBM)
https://www.google.com/amp/s/amp.azcentral.com/amp/2818297002
 
VSBM (very snipped by me)

The facility is not currently licensed by the statedue to a 1997 Arizona law that exempts intermediate-care facilities from state licensing. Two Arizona senators introduced a bill this session to remove that exemption after the news about Hacienda came to light.

Out of all the horrors known and unknown that are emerging out of this particular care facility, I am extra horrified by the bolded words above.
IMO
 
Another staff member resigns at Hacienda HealthCare facility where incapacitated woman gave birth

3/3/2019

"Kerri Masengale, the facility's director of specialized therapy and group homes, turned in his letter of resignation.

"Though I had hoped to remain with Hacienda Healthcare during this unfortunate time of restructure, due to previous personal experience (and subsequent lack of trust) with the newly appointed acting CEO, Perry Petrilli; my final day of employment shall be Friday, March 15, 2019," Masengale wrote in his letter.

It's unclear what the "previous personal experience" was....

It was also announced Friday that nine members of the company's management team resigned or were terminated, according to Phoenix' KTAR 92.3 FM.

The resignations include the chief financial officer, director of nursing and vice-president of corporate communications, who gave two weeks' notice.

Attorney Rick Romley, who was hired by the facility for an internal investigation, also quit Friday. The former top Phoenix prosecutor terminated his contract, which was to look into how the patient was sexually assaulted at the facility....

In January, one doctor resigned while a second doctor was suspended, a spokesman of the facility told Fox News in a statement then.

"The two physicians who were responsible for the care of the sexual assault victim are no longer providing medical services to Hacienda patients," the spokesman said...."

Another staff member resigns at Hacienda HealthCare facility where incapacitated woman gave birth
---

BrahmResnik‏Verified account @brahmresnik Mar 1
UPDATE Exodus of Hacienda HealthCare execs blaming board for refusing to change after patient raped. Investigator Rick Romley also out. Say one ex-exec:: Romley leaving means "there must be more to the story than I have known."

Ex-Hacienda CEO rips board's refusal to change after baby born to incapacitated patient (with clip)
Mass exodus of top leadership at troubled facility. State official says patient care not affected.


February 28, 2019

"PHOENIX — The departing chief executive of Hacienda Healthcare blames a mass exodus of top leadership on board members' refusal to make changes at the troubled Phoenix facility for intellectually disabled patients.

"Each of us have worked tirelessly to address Hacienda Healthcare’s issues with the goal of surviving so that we can continue the work that we care about deeply," Patrick White wrote in an email Wednesday to the board, which was obtained by 12 News.

"However, certain members of the Hacienda Board of Directors have been in an intractable battle with State Government which has complicated our ability to be successful. Certain Board member’s refusal to acquiesce to the demands for change at the Board level, among many other things, make the situation both futile and intolerable."

White warned board members that after government agencies are informed of the mass departures, "there may be an immediate request to move Hacienda’s patients."

The exodus of almost a dozen management employees is the latest, and perhaps the most damaging blow to Hacienda, as it staggers to recover from the birth of a baby last December to an incapacitated patient who had been raped. Hacienda staff wasn't aware the woman was pregnant

Hacienda operates four care facilities, including the facility where the patient was raped.

According to emails obtained by 12 News, nine top executives have submitted their resignations. ..."

Ex-Hacienda CEO rips board's refusal to change after baby born to incapacitated patient
----


Bianca Buono‏Verified account @BiancaBuono Mar 1
During our exclusive sit down with ADHS Director Cara Christ, when we asked about the mass exodus of top officials at Hacienda, she said most positions have already been filled or will be filled by Monday. Much more from this interview tonight on #12News at 10

(video clip: Bianca Buono on Twitter )


Bianca Buono‏Verified account @BiancaBuono Mar 1
ADHS says vacated positions at Hacienda are already being filled, including promoting Perry Petrilli to interim CEO. But since this story aired at 10, we have yet another resignation. This one in response to Petrilli's promotion. My sources say there may be more to come #12News

(video clip: Bianca Buono on Twitter )


Bianca Buono‏Verified account @BiancaBuono Mar 1
MORE: Here is the resignation letter for Director of DTA & Residential Services Kerri Masengale. She sites the appointment of Perry Petrilli as the reason for her resignation #12News

D0oXeJ6U0AAryKM.png

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Ariz. Nurse Accused of Impregnating Incapacitated Patient is Fighting Court Order for HIV Test

March 20, 2019

"The former Arizona nurse accused of sexually assaulting an incapacitated woman who later gave birth in her long-term care facility is fighting a court’s order that he be tested for HIV and other sexually transmitted diseases.

Such court-ordered testing would violate the nurse’s constitutional rights, said the suspect’s attorney, Edward Molina, during a court hearing Tuesday, reports

“They want to test him for HIV and I don’t know why they don’t just test the person they believe has it,” Molina told the newspaper after the hearing....

On Tuesday Hartsell set a March 26 court date to hear further arguments on the matter."

Ariz. Nurse Accused of Impregnating Incapacitated Patient Fighting Court Order for HIV Test
 
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Oh this guy is really a piece of work!

http://ktar.com/story/2581926/hacienda-sexual-assault-suspect-appeals-hiv-testing-order/
The former Hacienda HealthCare nurse accused of sexually assaulting an incapacitated patient appealed a court order requiring a test to determine if he has HIV.

Attorney Edwin Molina, who is representing Nathan Sutherland, on Monday said the lower court order should be overturned.

Molina argued such a test would violate Sutherland’s protections against unreasonable searches and seizures since there is no evidence suggesting his client has a sexually transmitted disease. ...
 
Oh this guy is really a piece of work!

http://ktar.com/story/2581926/hacienda-sexual-assault-suspect-appeals-hiv-testing-order/
The former Hacienda HealthCare nurse accused of sexually assaulting an incapacitated patient appealed a court order requiring a test to determine if he has HIV.

Attorney Edwin Molina, who is representing Nathan Sutherland, on Monday said the lower court order should be overturned.

Molina argued such a test would violate Sutherland’s protections against unreasonable searches and seizures since there is no evidence suggesting his client has a sexually transmitted disease. ...
I can’t even with this. It’s enough for me that he sexually assaults random people...
 
I'm guessing that even if they don't test positive they want him tested to see what he's exposed them to knowingly. They just might want everything they can throw at him. And her family deserves to know ALL that he's done. I think he lost the right to privacy over his genital related health when he forced them on someone.
 
I should clarify that I'm pretty sure it's a crime in and of itself to knowingly have unprotected sex with someone if you have a sexually transmitted disease and don't disclose it. Now clearly this was rape regardless. But I'm thinking they might be looking for more charges on top of what we already know.
 
Ariz. Nurse Accused of Impregnating Incapacitated Patient is Fighting Court Order for HIV Test

March 20, 2019

"The former Arizona nurse accused of sexually assaulting an incapacitated woman who later gave birth in her long-term care facility is fighting a court’s order that he be tested for HIV and other sexually transmitted diseases.

Such court-ordered testing would violate the nurse’s constitutional rights, said the suspect’s attorney, Edward Molina, during a court hearing Tuesday, reports

“They want to test him for HIV and I don’t know why they don’t just test the person they believe has it,” Molina told the newspaper after the hearing....

On Tuesday Hartsell set a March 26 court date to hear further arguments on the matter."

Ariz. Nurse Accused of Impregnating Incapacitated Patient Fighting Court Order for HIV Test

This is one more outrage, that our criminal justice system is all about protecting criminals, not their victims. We need comprehensive criminal reform, critical analysis of current laws, regulations that permit criminals to run the system to their benefit, rather than for their victims.
 

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