The state’s case against a New Mexico mother suspected of murdering her newborn baby son in a hospital bathroom has suffered a severe setback, with her trial date being canceled. For the time being, however.
Alexee Trevizo, 20, was only an adolescent when her child was discovered dead in a toilet trash can by Artesia General Hospital staff in January 2023. Law enforcement believes the young woman murdered the infant. The defendant, on her part, claims the infant was stillborn.
She was first detained on allegations of intentional child abuse, tampering with evidence, and first-degree murder. The criminal complaint was later withdrawn, and she was only charged with child abuse once.
In August 2023, Trevizo’s defense lawyer dramatically reduced the evidence accessible to prosecutors. A pretrial hearing date passed without being held late last month, and the trial set for later this month is in legal limbo for an extended period.
So yet, the defendant has appeared in court only once. That same day, her lawyer, Gary C. Mitchell, successfully argued for the suppression of numerous critical pieces of evidence.
The withholding of such evidence covers a large portion of what prosecutors would have shown to jurors during trial.
First, the defense contended that the strong patient-physician privilege under New Mexico law prevents the prosecution from utilizing practically all of what happened at the hospital, except personnel reporting the deceased newborn located in the bathroom.
“The privilege applies from the time she went to the hospital, and it applies to everybody there,” Mitchell stated a year prior. “Everything that happened since she first got to the hospital. Everything that the doctor and nurses said. They couldn’t provide it to the cops until my client signed a waiver, which we didn’t.
Mitchell clearly stated that the suppression request was broad: “Anything that happens at Artesia Hospital,” the defense lawyer stated.
Finally, Fifth Judicial District Judge Jane Shuler-Gray, sitting in Carlsbad, agreed with the defense on the medical privilege issue.
“It was just wrong,” Mitchell recently told Albuquerque ABC station KOAT. “I mean, we all want to, or should want to, protect our medical history. We don’t want it publicized to the rest of the state, and hers was broadcast to the rest of the world.”
Body-worn camera footage from the Jan. 27, 2023 incident rapidly went viral, showing police and doctors interacting with Trevizo, then 19, after the baby was discovered. Additionally, footage from the hospital’s hallway surveillance cameras was leaked to the press.
Second, Mitchell claimed that the hospital essentially detained his client on behalf of law enforcement; in fact, a doctor at the hospital waited until two police officers arrived before questioning Trevizo about what happened in the restroom. The defense attorney alleged that this was a violation of the woman’s Miranda rights under the Fourth Amendment.
The court also agreed with the defense argument.
“I think without that evidence, they don’t have a case because they’re not entitled under the present decision of the trial court to utilize those medical records or to utilize any statements that she may have made,” Mitchell said during a KOAT interview.
In early July, District Attorney Dianna Luce, who covers three counties — Eddy, Lea, and Chaves – petitioned the New Mexico Supreme Court to overturn the suppression remedy.
The actual arguments presented in the state’s brief are unknown.
A representative for the district attorney’s office informed regulation&Crime that the appeal “is sealed by the court and cannot be shared in accordance” with a state regulation that generally limits public records requests.
Nonetheless, the conclusion is plain enough.
The district court record shows that a pretrial hearing scheduled for July 22 did not take place. The day following that, the state’s top court acknowledged receipt of certain exhibits in the case.
The trial was slated to start on August 26. However, that date has completely vanished from the district court docket.
Instead, a motion hearing is scheduled for Aug. 22 at 1:30 p.m.
While mainly remaining silent, the prosecutor spoke with local media last month about her office’s appeal of Shuler-Gray’s decision, generally detailing the state’s arguments to Albuquerque-based CBS/Fox station KRQE.
“All I can say is that it was evidence that we believe was proper, evidence that we believe that we should be allowed to use, and we respectfully disagree with the court,” says Luce.
During last summer’s hearing, the state did not question the strength of the patient-doctor privilege but rather stated that it did not apply. “The defendant’s mother is present in the room with her at the emergency room,” Luce unsuccessfully claimed before the court. “You cannot have a privilege if there is a third person present. As a result, statements made will not be privileged under this rule.”
Trevizo is also suing the hospital for the child’s untimely death. Mitchell has claimed that hospital staff inappropriately provided a series of drugs with pregnancy contraindications, even though his client’s test results indicated she was pregnant.
The newborn boy was born and passed away on January 27, 2023. On March 28, 2023, an autopsy revealed that his death was homicide; the defense then criticized the state’s examination procedure as “medieval.” Trevizo was charged on May 10, 2023, and then arrested the following day. She was released five days later and is now on bond.
The New Mexico Supreme Court is not under any time constraints to consider or rule on the state’s appeal.