Teen Mother Dumped Newborn in Trash; To Face New Trial after Judge overturn Previous Victory in New Mexico

A New Mexico woman who allegedly committed infanticide in a hospital restroom during her teenage years has recently achieved a major legal triumph. However, the state is now seeking to overturn this victory, which will likely result in a delay of the trial scheduled for next month.

Alexee Trevizo, a 20-year-old, made a single court appearance in August 2023. During that appearance, her defense attorney, Gary C. Mitchell, effectively persuaded the court to exclude certain crucial evidence that the state had intended to present against her.

As a response, District Attorney Dianna Luce, who represents Eddy, Lea, and Chaves Counties in the Land of Enchantment, has requested the state’s highest court to save the significant case.

The defense’s effective suppression of the evidence removes a significant portion of what prosecutors would have likely shown to jurors.

The defense contended that under New Mexico law, the patient-physician privilege is highly protected, preventing the prosecution from utilizing most of the events that occurred at the Artesia Hospital in January 2023. However, they acknowledged that the staff did report the discovery of a deceased infant in the trash can.

“The privilege extends to all individuals present at the hospital, starting from the moment she arrived,” Mitchell stated in a previous statement. Everything that occurred from the moment she initially went to the hospital. All the information provided by the doctor and nurses. They were unable to release that information to the police without obtaining a waiver from my client, and we chose not to waive it.

Ultimately, Fifth Judicial District Judge Jane Gray sided with the defense regarding the medical privilege matter.

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Furthermore, Mitchell contended that his client was held by the hospital on behalf of law enforcement. In fact, a doctor at the hospital delayed questioning Trevizo until two police officers were present to inquire about the incident in the bathroom. The defense attorney argued that the woman’s Miranda rights were violated according to the Fourth Amendment.

The court also concurred with that argument as reported by Law and Crime.

Although there have been widely shared clips from body-worn camera footage, the details of the case are currently under a court seal.

The prosecutor emphasized that the police obtained the hospital’s medical records through a court order, highlighting the legality of the process.

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