Crime Stories with Nancy Grace - URGENT! Missing tot boy vanishes from grandma's yard, PLUS: Male nurse rapes, impregnates disabled patient [Cops]

Episode Date: January 24, 2019

Hundreds of volunteers and officers from several law enforcement agencies are combing a dense and wet forest in eastern North Carolina for signs of a little boy who vanished from his great-grandmother...'s backward Tuesday afternoon. Casey Hathaway's disappearance is being treated for now as a missing child case and not an abduction. Nancy Grace looks at the case with experts including Southern California prosecutor Wendy Patrick, psychologist Dr. William July, Atlanta juvenile judge & lawyer Ashley Willcott, and former detective Steven Lampley. Grace is also joined by Los Angeles defense lawyer Brian Claypool and Crime Stories reporter John Lemley to discuss the arrest of a nurse in the case of an incapacitated patient at the longterm health care who gave birth. Learn more about your ad-choices at https://www.iheartpodcastnetwork.comSee omnystudio.com/listener for privacy information.

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Starting point is 00:01:43 They are looking for a child. Craigton County Sheriff Chip Hughes spoke with me a little bit earlier today. They were told that a grandmother was watching three children, including a three-year-old boy. He says that two of the children came inside after they were playing outside. One of the children did not. Sheriff Chip Hughes says it was about 45 minutes after that that they received a call about a missing child. They have been focusing their search efforts in the woods out behind the child's house. They have been brought in a helicopter from the highway patrol in Raleigh. They are using heat, heating technology to see if they can find him in these very dense woods.
Starting point is 00:02:22 They also have brought out all the stops. Sheriff Hughes says all of his deputies from patrol, all of his investigators are working against the clock. They said this is a very serious situation right now. You are hearing the very latest from our friends at WITN-TV. That was Stacia Strong. We are talking about a missing three-year-old boy, Casey Hathaway. Temperatures dipping down last night how did it happen this child with a couple of other kids and the grandma's backyard what wanders off they search for him for 45 minutes to no avail
Starting point is 00:02:59 before they call police tip line two 252-633-0498. Repeat, 252-633-0498. All of you truckers hitting the roads right now, keep your eyes open for little Casey Hathaway. I wish you could see him right now. He's just gorgeous. Beautiful blonde hair, big brown eyes, 3 years old, 28 inches, 25 pounds. Last seen, we believe, wearing a lightweight jacket. I'm Nancy Grace. This is Crime Stories.
Starting point is 00:03:34 This is not just a story. This is real. Casey is missing. Straight out to Ashley Wilcott, juvenile judge and lawyer. You can find her at ashleywilcott.com. Grandma's been taking a lot of heat overnight. I have to disagree. I mean, Ashley, you and I both know that you can never take your eyes off your children even for a minute. But in this area, in this rural area, grandma may have turned her back for 10 minutes to cook lunch or dinner. She looks out the window.
Starting point is 00:04:09 He's gone. Yes, she should have had her eyes peeled on the backyard. But straight out to Wendy Patrick, California prosecutor. Wendy, the grandma has been taking a lot of heat overnight. For all I know, she was watching the children in the backyard and turned her back for 10 minutes to put dinner on the stove. I don't know what happened, but it's so common. It's so easy to point blame at a time like this. But for the grace of God, parents and grandparents are listening right now and just thinking,
Starting point is 00:04:43 I might have done that. I might have taken my eye off my child to do exactly that, to put food on the stove, to grab the telephone, so many things. The question now is accident or abduction? The answer to that question will depend on a number of factors, including the elements, including the terrain, and also now, no doubt, they're going to be looking at people in that area some who saw what they're going to be looking at video footage from surrounding homes but that's the initial question right now is what happened and how quickly can we find this gorgeous missing child i want you to go right now we're heading to craven county north carolina take a listen to sheriff chip hughes at oppressor. We're getting quite a few leads and we're following up on them as they come in.
Starting point is 00:05:28 Once again, we're using all resources that are available, so we're going to be concentrating our search efforts again, drilling down on some spots where we have a certain interest. But once again, I want to reiterate the family has been extremely
Starting point is 00:05:46 cooperative and we're thankful for that. And we just want to bring their son home to him and we're gonna do everything within our power to make sure that happens. We'll go right back to Sheriff Chip Hughes, but I want to go now to Stephen Lampley, former detective renowned in his field. Stephen, thank you for being with us. There's so many possibilities right now. For those of you just joining us, we're talking about a missing three-year-old little boy, Casey Hathaway. He was in the backyard with a couple of other children at Grandma's house. She looks out.
Starting point is 00:06:17 He's gone. She searches for him for 45 minutes before calling 911. Right there, that's a problem. But how many of us have seen our child, they're not there when we turn around, and we look for them first. That's natural instinct. But Stephen Lampley, so many possibilities. Did somebody drive by and go, hey, I've got some candy in the car. Did somebody say, hey, can you help me find my puppy? Did he see something in the woods? It's a very heavily wooded area.
Starting point is 00:06:47 I find that kind of hard to believe, Steve Lampley, because by the time the grandma got out there, he was gone and didn't answer to calls for 45 minutes. So, Steve Lampley, you're the detective. I'm just a trial lawyer. What am I looking at? What are my possibilities here? Well, that's just what she was saying a while ago.
Starting point is 00:07:04 Yeah, it's a possibility the child wandered off. What am I looking at? video what's the video at length and it appears as bold and I'm not placing blame here not at all but the law enforcement officer Nancy you have to consider every possibility you know you have a child may have wondered when you say you're looking at the video what specifically with your trained eyes did you observe, if anything? I noticed, the first thing I noticed, of course, again, I'm thinking the child wandered off, but I'm also having to think that maybe this was an abduction. You have to consider all options.
Starting point is 00:07:57 You can't leave anything out. If what I noticed was something that I myself would be looking at is I noticed that the field, I went back and looked at other photos as well, historic photos, and the field, whether the wood line that is immediately west of the house has recently been cleared, has been logged off. Now, again, I'm not placing blame on anyone, but I'm wondering if there was any interaction between any of the people there with this family or with this child and about 500 yards back of the house is a dirt road it's almost impossible to see but I noticed it on the on the video where they were lined up searching so so
Starting point is 00:08:43 roughly about a football field is a dirt road that goes behind the house that strangely ends at the cleared, logged area. So I would be wanting to interview the logging, the people in the logging companies. Did you see anything? What do you know? You know, that's scaring me because what child can avoid a long red dirt road? I grew up in that kind of country, Stephen Lampley, and at that time in the world, you could go down that dirt road, but not anymore. Take a listen to our friends.
Starting point is 00:09:17 It's been very difficult terrain. There's very thick woods in some areas, including logged over timberlands and rough rut filled with water. Some very tough terrain for both those individuals on the ground as well as the aircraft having visual effects. It's been tough for using some of the standard technology that we use for just basic step-by-step man-tracking courses as well as using the technological things such as aircraft with FLIR, also drone technology, use of canines. We've hit this thing at every angle with a magnitude of resources from hundreds of agencies as well as using resources of staff and personnel from multiple agencies. And you can see this and all information about the search for missing Casey Hathaway at CrimeOnline.com.
Starting point is 00:10:07 We'll bring you updates throughout the day as the search goes on. We've got a new number for you, 252-636-6703. Repeat, 252-636-6703. Have you seen Casey? Hi, Nancy Grace here. Have you ever Googled yourself, your neighbors, somebody at work, a crush? 57% of Americans admit to keeping an eye on their own online reputation. 46% admit to using the internet to look up somebody from their past. But Google and Facebook, the tip of the iceberg when it comes to finding personal information.
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Starting point is 00:11:18 What you find may astound you. Go to truthfinder.com forward slash Nancy right away to start searching. Truthfinder.com forward slash Nancy right away to start searching. truthfinder.com forward slash Nancy. truthfinder.com forward slash Nancy. Find the truth. Crime Stories with Nancy Grace. Oh, the baby's turning blue! Baby's turning blue! Okay, where are you at? We need an R.D.!
Starting point is 00:11:49 What is the address, ma'am? Baby's turning blue! Baby's turning blue! Ma'am, I need an address. I need an address. I'm sorry. Okay, is it a house or an apartment? No, it's a facility. Okay, I'm going to get paramedics paramedics are on the line you need to give them the address again you said 30 30 what is it no what's the unit number
Starting point is 00:12:15 what's the unit number for our first not an offer what is it what is it, what's the room for? Okay, what's the emergency? Someone just had a baby. One of our patients just had a baby, and we had no idea she was pregnant. Okay, is the baby out? Baby's turning blue. We need someone now. Okay, all right, go in there with the baby, and I want you to walk this through, okay?
Starting point is 00:12:43 All right. I'm going to be on the line with you. What's your phone number? Shoot, I don't know what the phone number is for this. Give me one second. I'll find it for you. We have a respiratory over there with them too. The phone number is... Okay. And the mom is doing okay? We're not sure. We had no idea this patient was pregnant is the mom doing okay what she's a quadriplegic and she can barely communicate it was first reported she was in a vegetated or coma state so no she's not doing okay now the family's clarified she is not in a coma she can respond in some ways to sound or stimuli but it was first reported out of hacienda health care that she was in a coma and in a vegetative state that's what many people thought the family clarified that is she okay no she's apparently been raped and she just gave birth. The baby's blue.
Starting point is 00:13:48 She's not okay. Who got this woman pregnant and she gave birth lying there at a so-called healthcare facility and she had no anesthesia. She had no pain control nothing they didn't even know she was giving birth till shit they heard her moaning now next question how many times was she raped what she's right one time and amazingly got pregnant that one time I don't think so and know what? I want somebody to not only burn in hell, but I want them to make about a 30-year pit stop at the federal penitentiary on this. I'm Nancy Grace. This is Crime Stories. Thank you for being with us. And the more I think about it, the more disturbed I get. Oh, my grandma,
Starting point is 00:14:40 my grandmother, Mama Lucy, who helped raise me, worked at a rest home in her late later years yes she worked up until her 70s she certainly did and I would go see mama there and she would be taking care of the people and bringing them things and talking to them and I think about them in these health care facilities Nobody's watching. Nobody's caring. They're all alone in their rooms. Here's this quadriplegic lady and she gives birth. And did you hear the employee say, we didn't know she was pregnant. What? I've got so much to report, but you know what? John Limley, that's your gig.
Starting point is 00:15:30 CrimeOnline.com investigative reporter John Limley with me, along with Stephen Lampley, ace detective, Dr. William July psychologist. You can find him at DrWilliamJuly.com. California prosecutor Wendy Patrick, renowned defense attorney Brian Claypool, and judge and lawyer, Ashley Wilcott at ashleywilcott.com. Lemley, please, I hope you're all sitting down. You may need to lay down now because the guy they suspect is the, quote, father of the baby, his lawyer just jumped up and said, there's no evidence he committed the act.
Starting point is 00:16:02 Hello, DNA. Yeah. and said there's no evidence he committed the act hello dna yeah i don't know how that lawyer's going to fight deoxyribonucleic acid in a courtroom but good luck i can't wait to watch that john lindley what's the latest well nancy it might be a good idea for us to focus on the patient the victim in this case uh remind do you think i'm focusing on something else just because I said I want this guy to rot in hell? No, not. That was just an offhand comment. He's got to be right first. Yes, I know that clay pool. Go ahead, Lindley. What's the latest? Exactly. Well, this victim is a 29 year old quadriplegic woman. She's been incapacitated for the better part of her life since she nearly drowned at the age of three. The woman's mother is also her legal guardian, and she describes her
Starting point is 00:16:53 simply as an incapacitated adult. Her doctor's records are a little more detailed than that, stating that she has a brain disorder. She's intellectually and developmentally challenged. Recurrent pneumonia is a big problem, and she has paralysis of the limbs and seizures. By some accounts... Wait, wait, wait, wait, wait, wait. That is so much for me to take in. Hold on. Wait, slow it down.
Starting point is 00:17:19 I'm drinking out of the fire hydrant here. What did you say? What about the victim? The family's saying she's not in a coma. She's not in a vegetative state. She's a quadriplegic. She's been in health care facilities since a very young age. I know over 10 years.
Starting point is 00:17:33 Now, what are her ailments exactly? Because the last thing we want to do is upset her family by claiming she's in a coma when she's not. Right. And you know what? Just side note to Ashley Wilcott, you know, that's a, actually it's a curse because that means in my mind, she was aware of every single time she was raped. That's exactly right. That's what I think too.
Starting point is 00:18:01 She could feel pain. She has emotions. She knows she's been violated. All of these things are horrific for her and her condition for anyone, but much less when she's in her condition and can't fight back. To Wendy Patrick, California prosecutor. I mean, I can't even start my list of felonies. You're going to have to help me on this. But at first we thought we were told it was reported out of Hacienda by someone that she was in a coma in a vegetative state. And I wondered, did she know what was happening to her every time this perv would sneak into her room? The alleged perv. Now that I'm learning that she does react to stimuli that her family has clarified she's not
Starting point is 00:18:48 in a coma to me it's just it's it's worse because she knew what was happening and she went in at age three she doesn't know the ways of the world she doesn't even know what was happening to her yeah you know Nancy it's absolutely unthinkable. It's heartbreaking. And adding to all of the outrage we're already feeling is think about the employment here. This was a nurse. Statistically, nurses are trusted as some of the most honest and ethical professionals. For whatever reason, they top the list every year.
Starting point is 00:19:19 That is the person that is the suspect here. You talk about a betrayal of trust trust and it's got to make people thinking all over the country that have loved ones that are being cared for how well are these people screened and i understand the facility says very well yet nonetheless very well very very well yeah i bet they are saying that brian claypool, you're the renowned California defense attorney. How in the world is this guy, this defense lawyer, jumping up and saying, there's no proof my guy did it? According to reports, Brian, the DNA from the baby says he did do it.
Starting point is 00:20:01 He's a nurse, a male nurse that works there. He had access. And forget about that. He could be selling ice a male nurse that works there. He had access. And forget about that. He could be selling ice cream on the street. His DNA matches the baby. Yeah, Nancy, I never thought I'd be seeing this defense lawyer. But the lawyer for this defendant is in a heap of trouble. His witness testimony can vary, and there could be discrepancies, and people can perceive things differently but forensic physical evidence here dna evidence links this pervert to this this poor victim and you're not
Starting point is 00:20:33 really helping brian you're not really helping him right now okay so you're supposed to be taking the defense side but i guess part of the defense side is looking at reality and trying to work with it. Yeah, well, the reality here is that is what you've talked about, that you have a woman that can't help herself. She can't defend herself. It's shocking. She's defenseless. And if his DNA matches the baby's, then this is a rape. And like you said, we need to find out how many times this happened. But to me, it's bigger than that. I mean, I think there's another crime that's occurred here, and that's criminal negligence with the former CEO of this nursing home. The whole kit and caboo, Brian Claypool, not just the CEO, but everybody that was going
Starting point is 00:21:22 in there, changing her clothes, giving her sponge baths, the bedpan, changing her sheets. Now they say, we didn't know she was pregnant. They're doing a... We have respiratory here. Okay, are they doing compression? Or what's going on right now? Were we able to get the baby out? Is the baby breathing? Is the baby breathing? Baby's not breathing. Baby is blue. Okay, so are they doing CPR? Are they doing? Yeah, they're doing CPR on the baby. Okay, good. Just keep going with that. How's the mom doing? Mom's doing well. It looks like she's doing well. How far along is she?
Starting point is 00:21:58 We had no idea this person was pregnant. We had no idea this patient was pregnant. Okay, I understand. Does she know how far along she was or anything? We have no idea. This is a complete surprise. We were not expecting this. You are hearing part of the 911 call that we have obtained when Hacienda Healthcare is calling to say a patient, a quadriplegic, who many people thought was in a vegetative state, her family says no, had just given birth. Back to John Lindley. You know what?
Starting point is 00:22:31 JohnLindleyCrimeOnline.com investigative reporter. Hold on. Dr. William July joining me, veteran psychologist. You can find him at DrWilliamJuly.com. Dr. July, the mind of a person that would rape an incapacitated woman who has had apparently brain damage, is a quadriplegic, can't speak. And Dr. July, I'm not a gambling person, but I know odds. I find it very unlikely the only time this ever happened. She got pregnant the first time. I don't believe that. I think whoever did this has been sneaking in and out of this
Starting point is 00:23:11 poor lady's room over and over and over under the guise of being a nurse. Why are they letting a male nurse be in there alone with an incapacitated female? I don't know. But the mind of someone that would do that, Dr. July, what is that? Nancy, this is a very, really just disturbing story on so many levels. The personality of a person that will do this is a person who has very little remorse, very little regard for other people. This is about power and control. It's not about sex as much as it is about power and control. It is someone, if you can imagine, which most of us on here cannot imagine,
Starting point is 00:23:56 someone who is seeking to find a vulnerable person, a child, a paraplegic, someone who cannot defend themselves and who cannot articulate that they're being attacked. That is what this type of personality is seeking, as sick as that is. They want to find someone and they look for it. They patrol for people in society so that they can control and manipulate and take advantage of in many ways so when you think about that as much as we like nurses my mom was an Aryan and she was an angel but there are people that are attracted to positions in which they have power access of this nature so we have to be very very close and screaming who gets into facilities like this and keep eyes
Starting point is 00:24:46 on that person I have worked in facilities like this before providing services and I can tell you you must check on your relatives friends and family you need to go by and you need to actively let the staff know that you're coming by somebody's watching mrs. Smith in room 305 our family's gonna ask questions and you need to be regularly present there because things can happen even in the quote-unquote better facilities. Well, that brings another question. Did the family not notice she was pregnant?
Starting point is 00:25:14 I mean, from what I don't know, but I understand that the baby was full term. Nobody noticed for nine months she was pregnant. That's exactly my point. Yeah, i don't think it's just the alleged perp and as a matter of fact as you know john limley jackie allen many of you ashley my dad was a heart patient for many many years before he went to heaven we would not even let him spend the night alone in the hospital and when my mom has been in the hospital since then, I stay with her. No way am I leaving her alone. I may trust the doctors and the nurses, but who else can get into that room? I don't know.
Starting point is 00:25:55 And I am darn sure going to be right there at the foot of that bed. You know, so many questions running through my mind. Ashley Wilcott, you know know when you try cases or when you're reporting on a story like this, it's easier just to report the headline. But let's, as I always say to juries, let's follow through. Let's follow through. Let's think this through. This lady, this woman in her 20s, is lying there in the bed. She's a quadriplegic.
Starting point is 00:26:23 She's been described by many as being in a coma, but her family says she can respond to stimuli around her. She can't speak. She has numerous seizures. Think about it. The perp goes in her room, looking up and down the hall to see if anybody's watching. There are no cameras there at Hacienda Healthcare. Sneaks into her room. What does he do?
Starting point is 00:26:47 Lock the door? Barricade the door? He sees her lying there in the bed. She can probably at least move her eyeballs toward the movement and look at him. Instead of taking care of her, he drops his trousers, and this poor lady is just lying there immobile. Now, let's just hold that thought. What if this was your daughter? Nancy, you've equated her to a young, young, young child, an infant, a toddler, and that's exactly the right thing to equate her to. It is no different than if someone raped your infant, your toddler, because
Starting point is 00:27:27 they can feel everything, but they can't fight back. They can't defend. They're helpless. This perp needs to go away and never get out. The other thing I want to say, Nancy, is I know you said, you know, can you imagine him locking the door, barricading the door? Not necessarily. If he's brazen enough to do this, I think he's also brazen enough to wander, stroll into the room and not really be too concerned with anyone catching him because he thought he could get away with it in the first place. To John Limley, CrimeOnline.com investigative reporter John in the last hours the alleged perp Nathan
Starting point is 00:28:10 Sutherland a 36 year old male nurse has been charged with raping this 29 year old woman at Hacienda healthcare facility there in Phoenix what happened it's my understanding he refused to speak. He invoked his
Starting point is 00:28:28 Fifth Amendment rights to cops, and then he refused to enter a plea in front of the judge. What happened? Start at the beginning. Yeah, it was baffling. His lawyer said there was no proof that he did this right in the face of the DNA evidence. The defendant, again, Nathan Sutherland, has worked at Hacienda for eight years. State records show that he first became a clinical nursing assistant in 2005 before becoming an LPN, a licensed practitioner nurse. And here's the show stopping information about him. He is a 36-year-old Haitian native and describes himself as a devout Christian who regularly tours churches performing Christian rap songs with his sister. Well, those skills will come in handy behind bars. Guys, I want to pause just for a moment and thank our partner making our program today possible. It's Blink. And here's the question. When do you want to spot the burglar?
Starting point is 00:29:34 When he's casing your home or after he's already got his foot in your kitchen window? Ask John. His Blink camera alerted him of burglars breaking in while he and his family are actually home. Or Shannon, her Blink camera caught a thief stealing packages. And both times, the Blink video clips were sent to cops to convict the crooks. Blink motion-activated indoor-outdoor cameras are wire-free. They set up in just minutes. They run on two AA batteries that last up to two years. When you're traveling, Blink's live feed option lets you monitor your home and check in from anywhere using the Blink smartphone app.
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Starting point is 00:30:34 company blink thank you for being our partner yeah they're still trying to do compressions and they're suctioning the baby okay good good you guys are doing a great job we got help on the way okay all right thank you do i just hang up a great job we got help on the way okay all right thank you do i just hang up with you and then just go back to the baby stay on the line i want to see how they're doing okay i need you to give me the address mom here let's look at the vital machine i want vitals on mom she had a baby look at there's a baby right there. Okay. They're still doing compressions on the baby, right? And mom's doing fine. Okay, I'm doing fine. She is. We're gonna about to take some vitals on her. So far she looks stable.
Starting point is 00:31:14 What is your name? Am my name is on the nurse. How old is the woman? Harris think Harris. How old is? Give me one second. Let me. There'll be something. I can go take a look at her chart and give you the exact. Thank you. Someone's going to go give me the chart.
Starting point is 00:31:39 Wow. Oh my goodness. You are hearing the 911 call that we obtained to play for you. Sounds like nobody knows their rear end from a hole in the ground at Hacienda Healthcare. Nobody knows how old she is. Nobody has any information. Hey, they didn't even know she was nine months pregnant until the baby was born. And that states exhibit number one, Brian Claypool, California defense attorney.
Starting point is 00:32:05 Nobody can say this didn't happen knowing the victim can't say anything back because the baby who lived by the way and is doing well just bring that little tot into the courtroom brian claypool what's the defense attorney going to say to that and forget the dna he probably looks just like the dad yeah nancy i know the dna evidence doesn't look good but in your prior good it's probably one in about 45 trillion and i'm not even making that up what you just heard in the background we have a guest in the studio today and he started laughing so hard he actually snorted hold the snorts down okay so doesn't look good you know the statistics in dna science it literally is probably about one in a couple of trillion that it's anybody else other than this guy doesn't look good yeah nancy i realize i realize that but what you have to do
Starting point is 00:32:58 is you've got to look at a couple things okay what was the dna testing done properly? Is there anything toxic about the DNA evidence? You've got to look at the history of this nurse. He had eight years. He has an unchecked history, no prior reports of sexual assault. Neither did Scott Peterson. Yeah, what I'm saying is you can't rush to judgment. We've got to look and make sure the evidence was safeguarded. You know what?
Starting point is 00:33:23 I don't know that Johnny Cochran would appreciate you stealing his line on this one anyway, but I respect you, Brian Claypool, for actually saying that with a straight face, or at least it sounds like a straight face. John Limley, CrimeOnline.com investigative reporter. Did I just hear you say he is a Christian rapper? That's a yes no answer john lindley a christian rapper yes indeed that's exactly correct i said yes or no okay i want everybody to enjoy the next 34 seconds because we have managed to obtain sound from a stage appearance by the accused nathan sutherland stop allowing what your situation dictate who you are in life. Just because your mom and dad aren't together, yeah, it makes a big difference. It does make a big difference,
Starting point is 00:34:12 but do not use that as an excuse. You have your own mind. Jesus gave your own mind to you, your spirit. You have instructions. It's up to you who, you know, to decide which way you want to go and stuff. Oh, I am so happy. I'm so happy that Nathan Sutherland has actually spoken publicly. Here he's talking about, to the audience, about how to rise above negative circumstances. Don't blame others. Don't use them as an excuse for your surroundings or your situation. You know, that will certainly come in handy, Wendy Patrick, when he ends up behind bars on this, because there's going to be no denying that it's his baby. That's right, Nancy. And it's funny, we're already talking
Starting point is 00:35:02 about sentencing because you're right with the DNA match, there's really nowhere to go with that except to have some kind of circumstances you can argue in mitigation post-conviction, whether it's conviction by plea or conviction after a jury trial. But countering that also is the fact that you don't get much vulnerable than the position that this victim was in. And you also don't have the kind of really control over the patients as you do when you're a nurse you see them even more often than the doctors do so these are sort of the two competing areas that they're going to hash out somebody like brian and i would be arguing opposing sides of this and sentencing because that appears to be where this case is heading already we're talking about what are they going to argue you know what i hate to even put it out there because i don't want the defense attorney to hear this but ashley wilcott judge and lawyer as you well know when you prepare your case you also have to do a parallel preparation
Starting point is 00:35:58 to anticipate what the other side is going to say so you can just shoot it down and be ready for it don't be surprised in court so where can they go let's think it through the dna's got him you know he's caught red-handed but could he claim he was in love that they had a relationship i mean there's nowhere else for him to go ashley there's nowhere else to go with the DNA match. I agree with you. I think he can say he's in love. But, Nancy, I hate to take this one step further. What if he tries to say consent based on the look in her eye, the look she was giving him? I think a creative defense attorney is going to go there, although it makes me want to throw up because she could not consent. Well, yeah, that's what I'm saying about being in love.
Starting point is 00:36:50 You know, star-crossed lovers, blah, blah, blah. I mean, it's ridiculous. It's horrific and disgusting and not true because this woman can't even speak. She has constant seizures, according to her family. She's a quadriplegic. Some people that within Hacienda Healthcare had described her as being in a coma or in a vegetative state. So Brian Claypool, you're the defense lawyer. I'm glad you're the defense lawyer like me, not me, because I sure wouldn't want to have to defend this case for a living. I think I'd have to go back to waiting tables and making sandwiches at the sub shop where I used to work. But that aside, where else can they go, Brian Claypool? Well, I think that is the argument that
Starting point is 00:37:38 it's possible. You're going to have to look deeply into the medical records of the victim. You're going to have to closely look at her comprehension level, whether, for example, is she able to nod her head? Is she able to understand if somebody says something like, you know, would you like to do this? Does she nod her head? Yes. Is her, is his defense lawyer going to say they were able to communicate in other means and her body language, her nod of a head constitutes consent. So I think that's where his defense lawyer is going to go. To Stephen Lampley, ACE detective joining us. Stephen Lampley, what about the possibility of other victims?
Starting point is 00:38:23 Well, that's very possible, Nancy, as well as herself being a victim more than once. I don't know where the investigation is in that, but it's very possible that not only could he have had relations with her. It's called rape, not relations. It's rape. Let's be clear on that. Stephen Lampley, hold on. I want you to hear something from John Limley about this guy. What more do we know? And factor that in your opinion, Stephen. John, go ahead. A former neighbor describes the nurse, Nathan Sutherland, as a quiet family man. She would run into him a few times a week. They would have a chat. She would see them, the couple, leave for church every Sunday. Not only the couple, but also their kids as well.
Starting point is 00:39:11 Very interestingly, it has emerged that just three weeks before the woman he is now accused of raping gave birth, the wife of Hacienda health care nurse Nathan Sutherland filed for divorce after six years of marriage. Wow, I'd like to get a look at those divorce filings. For right now, we know that Nathan Sutherland has refused to enter a plea before a judge. When that happens, the court automatically enters a not guilty plea for you. We wait as justice unfolds. Nancy Grace, Crime Story, signing off. Goodbye, friend. You're listening to an iHeart Podcast.

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