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New Mexico Supreme Court considers police, physician actions in newborn death case

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Alexee Trevizo
Alexee Trevizo

With their lapel cameras rolling, Artesia police stood inside Alexee Trevizo鈥檚 hospital room as an emergency department doctor informed her of the discovery of a dead newborn in a restroom trash bin down the hall.

Trevizo鈥檚 response, 鈥淚鈥檓 sorry 鈥 it came out of me 鈥 I didn鈥檛 know what to do,鈥 became key evidence for prosecutors. In May 2023, they filed first-degree murder charges against the then-19-year-old high school senior, who faces life in prison if convicted.

The tragic case made international headlines, while the 5th Judicial District Attorney鈥檚 Office contended she should be jailed pending trial because she was a danger to the community. Hospital and police video showing her in a hospital gown spread through social media, with her case attracting more than 1 million hits on a Google search. Thousands signed a petition to try to keep her from attending New Mexico State University after she graduated.

But before a criminal trial could occur, a state district judge in Eddy County last year suppressed all the statements she made in the presence of police and medical staff. Trevizo wasn鈥檛 given a required Miranda warning, the judge concluded, and her doctor acted as an agent of law enforcement and violated physician-patient privilege. Prosecutors then filed an appeal.

Now the state Supreme Court is considering whether the judge erred in ruling the statements are inadmissible at trial. Several organizations supporting Trevizo say the high court鈥檚 ruling has a broader impact.

鈥淚t鈥檚 the ramifications of this case that are extraordinary for Ms. Trevizo and for every vulnerable patient in New Mexico and for the state鈥檚 commitment to safe, confidential reproductive health care,鈥 Trevizo鈥檚 attorney Amber Fayerberg told the justices at oral arguments Thursday in Santa Fe. She said upholding the suppression ruling will be important to 鈥渕aintaining the line that separates medical care from police investigation.鈥

The American Civil Liberties Union of New Mexico, the National Police Accountability Project and the American College of Obstetricians and Gynecologists (ACOG) submitted briefs to the Supreme Court in support of Trevizo鈥檚 motion to suppress.

Trevizo went with her mother to Artesia General Hospital Jan. 27, 2023, experiencing severe back pain and bleeding, unaware she was pregnant. Hours earlier, she had been at cheerleading practice, court records stated. After receiving IV fluids, including morphine, she asked to go to the bathroom. Hospital personnel did a pregnancy test, but didn鈥檛 inform her it came back positive.

She was allowed to escort herself to the bathroom, and spent 18 minutes undergoing what 鈥渃linical signs in the factual record indicate was likely precipitous labor,鈥 defined as 鈥渆xtremely rapid labor defined as expulsion of the fetus within less than three hours of the commencement of regular contractions,鈥 states a brief filed by Trevizo鈥檚 legal team.

She returned to her room, leaving a large amount of blood in the restroom, but didn鈥檛 tell anyone what had happened. A custodian later found the newborn baby sealed in a trash bag under a new trash can liner. The baby was full-term, but was already cold and blue, according to prosecutors鈥 brief.

An autopsy showed the infant was born alive, although Trevizo鈥檚 defense lawyers contend otherwise.

鈥淚n Ms. Trevizo鈥檚 case, actions taken by law enforcement and her care team placed criminalization over care,鈥 stated the ACOG brief. 鈥淢s. Trevizo was not informed of her positive pregnancy test. The clinician then waited to speak to Ms. Trevizo until police arrived, only telling her about the discovery of the (deceased newborn) once in the presence of law enforcement. Her doctor then examined and questioned Ms. Trevizo in front of law enforcement while (she) was being detained in the immediate postpartum period.鈥

During oral arguments, attorney Michael Thomas, of the state Department of Justice, told the justices that a Miranda warning wasn鈥檛 necessary because police didn鈥檛 ask her any questions, and she wasn鈥檛 formally placed in custody.

Thomas, representing prosecutors, also argued that Trevizo had waived her physician-privilege. He said police later told Trevizo they would wait in the hallway to not add to her stress. Eventually, she was transferred via helicopter to a hospital in Roswell for further treatment.

The June 3, 2024, suppression ruling by state District Judge Jane Shuler Gray wasn鈥檛 publicly available in online records last week. The Supreme Court didn鈥檛 make an immediate ruling last week.

Meanwhile, as a trial date hasn鈥檛 been set, Trevizo鈥檚 attorneys have asked for a change of venue from Eddy County given the 鈥渋mmense publicity鈥 of the case.

鈥淚ndeed,鈥 the ACOG brief stated, 鈥渁s a result of the intrusion of law enforcement into her hospital room, bodycam footage of these interactions is now readily available to the public through the internet and social media, with countless content creators and consumers picking apart and scrutinizing Ms. Trevizo鈥檚 words, actions and reactions in the most ruthless of terms.鈥

Trevizo is attending 近距离内射合集 remotely after being released from custody pending trial.