Disclaimer: This article contains information about a criminal act and may be distressing for some readers. Please read at your own discretion.
A major setback has hit the state’s case against a New Mexico woman accused of murdering her newborn baby in a hospital bathroom.
The trial for Alexee Trevizo, who allegedly killed her baby and left him in a bathroom trash can at Artesia General Hospital in January 2023, has been postponed indefinitely. Trevizo claims the baby was stillborn.
Trevizo, who was 20 years old at the time, was initially charged with intentional abuse of a child, tampering with evidence, and first-degree murder.
However, the child abuse charge was later dropped. Her defense attorney, Gary C. Mitchell, has been successful in significantly reducing the evidence available to the prosecution.
According to the source, In a recent pretrial hearing, several key pieces of evidence were suppressed.
Mitchell argued that New Mexico’s strong patient-physician privilege law prevents the prosecution from using most of what happened at the hospital, except for the basic fact of staff discovering the dead infant.
The court agreed with this argument, ruling that the evidence was inadmissible.
Mitchell emphasized the broad nature of the suppression request, stating, “Anything that happens at Artesia Hospital.”
This decision was supported by Fifth Judicial District Judge Jane Shuler-Gray. Mitchell expressed concern over the widespread dissemination of Trevizo’s medical history, which was captured on body-worn cameras and hospital surveillance footage.
Another significant point raised by Mitchell was that Trevizo was effectively detained by the hospital on behalf of law enforcement.
He argued that this violated her Miranda rights under the Fourth Amendment. The court agreed, further weakening the prosecution’s case.
Without the suppressed evidence, Mitchell believes the prosecution has no case.
District Attorney Dianna Luce has appealed the suppression ruling to the New Mexico Supreme Court, but the arguments advanced in the state’s brief remain unknown as the appeal is sealed.
A pretrial hearing scheduled for July 22 did not occur, and the trial date of August 26 has been removed from the court docket. A motion hearing is now set for August 22.
Luce stated that the evidence was proper and should be used, disagreeing with the court’s ruling.
During a hearing last summer, Luce argued that the patient-doctor privilege did not apply because Trevizo’s mother was present in the room. However, the court did not accept this argument.
In addition to the criminal case, Trevizo is suing the hospital for the wrongful death of her child.
Mitchell claims that hospital staff improperly administered medications contraindicated for pregnancy, despite knowing Trevizo was pregnant.
The baby boy was born and died on January 27, 2023. An autopsy on March 28, 2023, determined the death was a homicide, a finding contested by the defense.
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Trevizo was charged on May 10, 2023, and arrested the next day. She was released on bail five days later.
The New Mexico Supreme Court has no deadline to rule on the state’s appeal, leaving the case in a prolonged state of uncertainty.