Alexee Trevizo, a New Mexico high school cheerleader accused of first-degree murder after allegedly placing her newborn’s body in a hospital trash bag, is likely to avoid criminal charges as key evidence has been ruled inadmissible. In 2024, the Fifth Judicial District Court barred prosecutors from using Trevizo’s hospital room statements, surveillance footage, and police body camera recordings, citing doctor-patient privilege. The ruling severely weakened the state’s case.
The prosecution filed an amicus brief with the Supreme Court, arguing that Trevizo’s conversations with her mother and medical staff, which occurred in the presence of law enforcement, should be admissible.
Alexee Trevizo’s Defense Arguments
Trevizo’s defense successfully contended that she had not been read her Miranda rights before making those statements. However, Assistant Solicitor General Michael Thomas countered on September 4, stating that police were not interrogating her at the time, so a Miranda warning was unnecessary.
The state further argued Trevizo waived any privilege when she made statements in the presence of her mother and law enforcement agents.
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The defense also claimed her rights were violated when police with body cameras entered her hospital treatment room. In response, prosecutors maintained that Trevizo was not under arrest or restraint when she made that admission and that her exchanges with the physician did not amount to an interrogation.
Thomas added that Trevizo was free to leave at any time. One justice, however, questioned whether she could reasonably have known that, given the number of officers present and the armed guards later stationed outside her room.
Alexee Trevizo Trash Bag Incident
On January 27, 2023, Trevizo, then a senior at Artesia High School, arrived at Artesia General Hospital with severe back pain. She was given morphine while undergoing tests.
She later went to the bathroom, returned silently to her bed, and said nothing. A hospital cleaning staff member later reported that the bathroom trash bag felt unusually heavy. Upon checking, she discovered a newborn’s body and alerted authorities.
Police responded after staff reported a possible crime, as required by law. Officers captured a conversation between Trevizo, her mother, a charge nurse, and a doctor on body camera.
Baby In The Bathroom
According to the state’s brief, Dr. Heather Vaskas informed Trevizo, “We discovered a dead baby in the bathroom.” Trevizo allegedly responded, “I’m sorry, it came out of me, I didn’t know what to do.”
When her mother asked, “How big is the baby?” the charge nurse replied that it appeared to be full-term. Trevizo allegedly added, “Nothing was crying.”
Zubair Amin is a Senior Journalist at NewsX with over seven years of experience in reporting and editorial work. He has written for leading national and international publications, including Foreign Policy Magazine, Al Jazeera, The Economic Times, The Indian Express, The Wire, Article 14, Mongabay, News9, among others. His primary focus is on international affairs, with a strong interest in US politics and policy. He also writes on West Asia, Indian polity, and constitutional issues. Zubair tweets at zubaiyr.amin
