New Mexico Teenager Who Dumped Newborn in Hospital Trashcan Wins Legal Battle
In a significant development, the New Mexico Supreme Court has postponed Alexee Trevizo’s pre-trial hearing, originally scheduled for August 6. The delay comes as the court reviews whether certain evidence, including Trevizo’s statements made at the hospital, can be admitted in court.
Trevizo faces serious charges, including first-degree murder of her newborn son, intentional child abuse, and tampering with evidence. The charges stem from an incident in January 2023, as detailed in a criminal complaint filed in Eddy County, southeastern New Mexico.
According to reports, Trevizo visited the emergency room for back pain, where doctors discovered she was pregnant. While at the hospital, she allegedly secluded herself in a bathroom, gave birth, and then placed the newborn in a trash bag. The baby was later found deceased in the trash bin.
The district court had previously ruled to exclude Trevizo’s statements to her medical providers from evidence, citing doctor-patient privilege. These statements were made in the presence of her doctor and her mother.
Gary C. Mitchell, Trevizo’s attorney, contends that Trevizo’s rights were violated. He argues that her interactions within the hospital should be considered privileged because she was seeking medical help. Mitchell also claims that the presence of her mother and police officers, including a body camera, infringed on her constitutional rights.
“This case is critical as it touches on women’s rights and reproductive issues. These conversations should have been protected,” Mitchell stated. He also mentioned a civil lawsuit against the hospital for alleged malpractice.
On the other side, District Attorney Dianna Luce has appealed the decision, arguing that Trevizo waived her right to confidentiality by making statements in the presence of her mother and law enforcement officers.
Luce has not yet responded to inquiries from Newsweek.
Mitchell expressed skepticism about the prosecution’s ability to build a case without the excluded evidence, stating, “The state’s case relies heavily on this evidence, and without it, their ability to prosecute effectively is in question.”