Woman who killed newborn in hospital bathroom gets good news from NM court
A teen facing charges for allegedly abandoning her newborn baby in a hospital bathroom trash can has experienced a significant development in her legal case. The New Mexico Supreme Court has delayed Alexee Trevizo’s pre-trial hearing, initially set for August 6, as it reviews whether specific evidence, including statements she made at the hospital, can be used in court.
Trevizo, who is accused of first-degree murder of her newborn son, was charged in January 2023. Additional charges include intentional child abuse and tampering with evidence, as per a criminal complaint filed in Eddy County, New Mexico.
The incident occurred when Trevizo visited the emergency room for back pain. Medical professionals informed her that she was pregnant. Allegedly, she then locked herself in a bathroom, delivered the baby, placed him in a trash bag, and concealed the bag in a trash bin. The newborn was later found deceased.
A major point of contention in the case is the district court’s decision to exclude all statements Trevizo made to her medical providers. The court ruled that these statements, made in front of both her doctor and mother, are protected under doctor-patient privilege.
Trevizo’s attorney, Gary C. Mitchell, argued that neither her mother nor law enforcement officers should have been present during these conversations, especially since they were recorded on a bodycam. He emphasized, “They violated the doctor-patient privilege and they violated Miranda rights – trying to talk to somebody without telling them about their constitutional rights.”
Mitchell further highlighted the broader implications of the case, stating that it touches on crucial issues concerning women’s rights and reproductive matters. He also revealed that there is a civil lawsuit against the hospital for alleged malpractice.
“The state’s not going to have certain evidence that they can introduce – all the video film and all the stuff that should have been confidential and all the testing,” Mitchell noted, expressing doubt about the prosecution’s ability to build a case without this evidence. Nonetheless, he acknowledged that this does not necessarily mean the state won’t try to proceed.
District Attorney Dianna Luce has appealed the court’s ruling, arguing that Trevizo waived her privilege by making statements multiple times, fully aware of the presence of her mother and law enforcement officers.
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