N.M. Supreme Court rules Alexee Trevizo’s alleged hospital confession can’t be used at trial

SANTA FE, N.M. (TCN) -- The New Mexico Supreme Court has ruled that statements allegedly made at a hospital by a teen accused of killing her newborn can’t be used as evidence by prosecutors, affirming an Eddy County District Court decision from August 2023.

According to the Artesia Police Department, in January 2023, Alexee Trevizo, then 19, went to the hospital for severe back pain and allegedly delivered a baby boy in the bathroom at the emergency department.

She allegedly disposed of the baby’s body in the bathroom trash can. The remains, tied in a plastic bag, were discovered by a member of the hospital’s housekeeping staff. An autopsy revealed he was born alive and died from a lack of oxygen. The manner of death was ruled a homicide, and Trevizo was charged with first-degree murder and evidence tampering in May 2023.

Law & Crime reports Trevizo has appeared in court only once, in August 2023. During that appearance, her defense attorney, Gary Mitchell, argued that evidence obtained at the hospital should not be allowed to be used by prosecutors and an Eddy County District Court judge agreed. 

While at the hospital, Trevizo allegedly denied being pregnant and was given an IV drip of pain medication due to self-described “10 out of 10” pain, Courthouse News reports. A pregnancy test was administered and Trevizo remained on the IV drip for 48 more minutes before allegedly stating that she urgently needed to go to the bathroom and have a bowel movement.

Trevizo then allegedly gave birth and disposed of the infant before returning to the hospital room, per Courthouse News. When the body was found, hospital staff called the police, who spoke to Trevizo in her hospital room. In front of the police, Trevizo allegedly said, “I’m sorry, it came out of me — I didn’t know what to do.” She also allegedly claimed the baby was not crying, moving, or breathing.

On July 30, the New Mexico Supreme Court ruled that the statements Trevizo allegedly made in her hospital room could not be used as evidence by the prosecution when the case goes to trial. 

According to the ruling, Justice Michael Vigil said, “The facts unequivocally demonstrate that due to defendant’s medical condition, she lacked capacity to waive her physician-patient privilege,” Courthouse News reports.

“Despite her unresolved medical crisis, Dr. [Heather] Vaskas, without authorization, ambushed defendant, bringing with her two armed officers who stood in the doorway of her hospital room, and disclosed her personal medical information to all persons in the room without warning.”

KOB reports Trevizo never waived doctor-patient confidentiality; in their statement, the justices also said Trevizo had lost a lot of blood giving birth and was under the influence of narcotic painkillers, rendering her both physically and mentally incompetent to waive confidentiality.

According to Trevizo’s defense attorney, the Supreme Court will next send a mandate to the judge, who will schedule a status conference.

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