New Mexico teen who dumped newborn in hospital trashcan lands win in court

A New Mexico teen accused of killing her newborn and abandoning him in a hospital bathroom trashcan had a major victory in court.

The state’s Supreme Court postponed Alexee Trevizo’s August 6 pre-trial hearing while it decides whether certain evidence, including her own statements in the hospital, can be used.

Prosecutors charged Trevizo with first-degree murder of her newborn son in January 2023. They also charged her with intentional child abuse and tampering with evidence, according to a criminal complaint filed in Eddy County, southeastern New Mexico.

Doctors informed the teen she was pregnant after she went to the emergency room for back pain. While at the hospital, she allegedly locked herself in a bathroom, gave birth to a boy, tied him up in a trash bag, and hid him beneath other items in the bin. The baby was later found dead.

What We Know

The district court ruled in favor of the defense and excluded all statements Trevizo made to her medical providers, citing doctor-patient privilege. She made these statements in front of her doctor and mother.

Gary C. Mitchell, Trevizo’s attorney, argued that her mother nor police officers should not have been in the room, especially with a bodycam. He said everything his client did once she crossed the threshold of the hospital should be privileged because she was seeking medical care.

“They violated the doctor-patient privilege and they violated Miranda rights – trying to talk to somebody without telling them about their constitutional rights,” Mitchell said in an interview.

Mitchell also stated this case is huge because it affects both women’s rights and reproductive issues. He said these conversations should have been protected, there’s also a civil lawsuit against the hospital for malpractice.

“My client went to the only place she could get help, she went to the hospital and she did everything that the nurses and doctors required her to do,” Mitchell said.

On the other hand, Dianna Luce, the district attorney, appealed the ruling and argued that the teen waived her privilege by making statements repeatedly, knowing her mother and officers were present.

Newsweek reached out to Luce, however, she has not yet responded.

“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 said. “Can they make a case otherwise? I don’t think they can but that doesn’t mean they’re not going to try.”

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