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FILE - In this undated photo provided by Maricopa County Sheriff's Office shows Nathan Sutherland, who is charged with sexually assaulting an incapacitated woman who later gave birth in 2018 at a long-term care facility in Phoenix. Sutherland's attorney asked a judge on Feb. 21, 2021, to throw out DNA evidence that authorities say ties his client to the rape. Prosecutors declined to comment on the request. Sutherland has pleaded not guilty to the charges. (Maricopa County Sheriff's Office via AP, File)

FILE - In this undated photo provided by Maricopa County Sheriff's Office shows Nathan Sutherland, who is charged with sexually assaulting an incapacitated woman who later gave birth in 2018 at a long-term care facility in Phoenix. Sutherland's attorney asked a judge on Feb. 21, 2021, to throw out DNA evidence that authorities say ties his client to the rape. Prosecutors declined to comment on the request. Sutherland has pleaded not guilty to the charges. (Maricopa County Sheriff's Office via AP, File)

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