The New Mexico Supreme Court has unanimously upheld a previous ruling from a district court that will significantly impact the murder case against 19-year-old Alexee Trevizo. The court found that Trevizo’s conversations with medical staff in a hospital setting—including her admissions regarding the death of her newborn—are protected by doctor-patient confidentiality. This ruling prevents prosecutors from using her alleged confession as evidence in court.
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Trevizo, a high school senior at the time of the incident, was charged with the murder of her baby after police body camera footage recorded her admitting to medical personnel that she had given birth in a hospital bathroom and subsequently disposed of the newborn’s body in a trash can. The case stems from an incident that occurred on 27 January 2023, when Trevizo arrived at Artesia General Hospital complaining of severe back pain. While treated with morphine and awaiting test results, she left her hospital room and later returned without mentioning any significant events.
The chilling discovery of the deceased newborn occurred when a hospital cleaner identified a suspiciously heavy trash bag in the bathroom, which led to the police being informed, as is mandated by law. Upon their arrival, officers noted Trevizo’s reaction to the announcement of the baby’s discovery, in which she reportedly stated, “I’m sorry, it came out of me; I didn’t know what to do.” This statement and others made in her hospital room prompted the district attorney’s office to charge her with first-degree murder.
The Supreme Court, however, declared that all statements made by Trevizo in the presence of the police were inadmissible. The justices specifically pointed out that Trevizo had not waived her right to confidentiality voluntarily. They cited her “compromised medical condition” at the time, as well as the unexpectedly confrontational circumstances under which law enforcement entered her room without her approval or warning. Justice Michael E. Vigil, who wrote the court’s opinion, emphasised the inappropriate nature of having armed officers present during a medical consultation, which compromised the integrity of the doctor-patient relationship.
Following this ruling, prosecutors will need to fundamentally reassess their strategy as they have lost significant pieces of evidence, including video footage from both police body cameras and the hospital’s surveillance system. They had earlier argued that the conversations between Trevizo, her mother, and the medical staff should be admissible despite her not being read her Miranda rights prior to those discussions. However, the court concluded that as she was receiving medical care, the usual protocols regarding law enforcement questioning were not applicable.
The ruling has led to questions about the future of the case against Trevizo, who has steadfastly maintained that she was unaware of her pregnancy and believed the baby to be stillborn. Following her arrest on 10 May 2023, Trevizo was released on pretrial conditions, allowing her to attend prom and initially plan to graduate from high school. However, following backlash from the community, her school requested that she not participate in the graduation ceremony, and she faced a petition demanding her removal from campus when she enrolled in college.
Trevizo’s legal counsel has reaffirmed her innocence, maintaining that she did not grasp the ramifications of the events surrounding the birth. The autopsy results—reveal that the newborn appeared to have air in its lungs and signs of hypoxia—contradict her earlier claims of stillbirth, according to prosecutors.
The case now stands at a crossroads, with the implications of the Supreme Court’s decision creating a considerable challenge for the prosecution. Their attempts to establish a case based on the evidence gathered from the hospital will be greatly diminished, casting doubt on the prospects of a successful trial. As the legal proceedings evolve, both the public and the justice system will be watching closely to see how Trevizo’s situation unfolds.