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NM Supreme Court rejects evidence in death of Artesia infant

Justices issue harsh ruling faulting actions of hospital staff

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Alexee Trevizo

The state Supreme Court issued a blistering ruling Thursday that bars prosecutors from using statements an Artesia teenager made to a doctor and police officers about her dead newborn found in a hospital trash can.

In a unanimous ruling, justices found that an Artesia emergency physician "ambushed" 19-year-old Alexee Trevizo, causing her to admit to police officers that she had given birth in a hospital bathroom and left the infant in the trash.

Artesia police stood inside Trevizo's room at Artesia General Hospital with lapel cameras recording when the high school senior said, 鈥淚鈥檓 sorry 鈥 it came out of me 鈥 I didn't know what to do.鈥

Trevizo is charged with first-degree murder and tampering with evidence in the infant鈥檚 death.

Justices upheld a lower court ruling that Trevizo鈥檚 statement to the emergency room physician was not admissible because it was protected by doctor-patient confidentiality.

Dianna Luce, 5th Judicial district attorney, said Thursday that her office intends to continue prosecuting the case despite the Supreme Court ruling.

鈥淥ur focus remains on ensuring that the facts are presented in court and that every effort is made to obtain justice for the baby,鈥 Luce said in a statement. No hearings are scheduled in the case.

The 2023 case made international headlines when prosecutors argued that Trevizo posed a danger to the community and should remain in jail pending trial. A judge rejected the argument and ordered her released from custody.

Justice Michael Vigil, writing for the five-member court, wrote that emergency room physician Dr. Heather Vaskas did not tell Trevizo that she was pregnant even after the physician obtained the positive result of a pregnancy test.

Nor was Trevizo given an opportunity to speak with Vaskas privately outside the presence of police officers and others who entered the room with the physician.

Trevizo 鈥減resented at the emergency room in excruciating pain, was administered numerous medications, including narcotics, at unknown doses, she gave birth, and she suffered ongoing life-threatening blood loss,鈥 Vigil wrote.

鈥淒r. 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,鈥 Vigil wrote.

Vaskas鈥 attorneys denied any negligence or wrongdoing in court records. Now working at Holy Cross Medical Center in Taos, Vaskas couldn鈥檛 be reached for comment Thursday.

Lawsuit pending

Trevizo鈥檚 attorney, Gary Mitchell of Ruidoso, has also filed a wrongful death lawsuit against Artesia General Hospital and Vaskas and a civil rights case. He said the hospital should have taken precautions to ensure Trevizo was informed she was pregnant and cared for accordingly.

鈥淭hey knew or should have known that she was about to deliver a baby,鈥 Mitchell said in a phone interview. 鈥淚t can happen when you don鈥檛 have any power, when they treat you as if you are a second-class citizen.鈥

The pending suit, which was filed in January, also alleges the hospital violated her rights by releasing her protected health information to police and later to the public.

鈥淚鈥檓 very appreciative that the Supreme Court confirmed and affirmed the decision of the district court in which the district court found that she had a right of privacy at the hospital, which was violated,鈥 Mitchell said.

鈥淚t鈥檚 very important that in the state of New Mexico, our Supreme Court has affirmed what we鈥檝e known were great privacy protections for the citizens of our state, particularly for women in New Mexico, unlike some of our neighboring states,鈥 Mitchell said.

The wrongful death lawsuit states that Trevizo, as a high school cheerleader, worked out two hours a day, five days a week, and had used birth control pills and condoms. She told emergency room staff she hadn鈥檛 previously undergone a pelvic exam, the lawsuit states.

The 25-bed hospital, which is a nonprofit and community-owned, is accused of negligence in Trevizo鈥檚 treatment. Hospital staff and employees are alleged to have failed to prevent the death of her newborn son, Alex Ray Fierro, before she delivered in the bathroom.

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Supreme Court ruling

In his opinion, Vigil listed a series of events leading to Trevizo鈥檚 arrest.

Trevizo and her mother went to Artesia General Hospital emergency department on Jan. 27, 2023, seeking treatment for severe lower back pain that began after cheerleading practice that afternoon.

Trevizo responded, when asked, that she was not pregnant and was currently 鈥渙n her period.鈥 Vaskas ordered a pregnancy test that returned positive, but Vaskas didn鈥檛 inform Trevizo that she was pregnant.

Trevizo rated her pain as 10 out of 10. Hospital personnel gave the teenager intravenous treatments of morphine, muscle relaxants and other drugs that continued for 48 minutes. The medications were stopped only after Trevizo told her nurse she urgently needed to have a bowel movement.

鈥淭he sensation of needing a bowel movement may have been an indication that (Trevizo) was fully dilated and she was moving into the delivery phase,鈥 Vigil wrote. 鈥淣evertheless, (Trevizo) was not informed by any hospital staff that she was pregnant.鈥

Security video showed the teen running down a hallway to use the bathroom. She remained in the locked bathroom for 19 minutes before medical staff said they planned to enter with a key.

During that time, Trevizo "gave birth to a newborn she described as not moving, crying, or breathing," the opinion said. Staff found the newborn in a trash can when they cleaned blood from the bathroom and hallway.

鈥淎utopsy lab results later showed that the deceased newborn had free morphine in his heart blood,鈥 the opinion said.

Vaskas realized that Trevizo was bleeding and could die of postpartum hemorrhage, Vigil wrote. The physician contacted Lovelace Regional Medical Center in Roswell to arrange an urgent transfer.

Law enforcement was notified, and Artisia Police Department officers arrived more than two hours after Trevizo and her mother arrived at the hospital.

Vaskas didn鈥檛 reexamine Trevizo or discuss her condition with the teen until law enforcement were present as witnesses, Vigil wrote. Two armed police officers, a male nurse and Vaskas entered Trevizo's room.

鈥淒r. Vaskas immediately confronted (Trevizo) with the statement, 鈥榃e discovered a dead baby in the bathroom.鈥欌

The teenager responded, 鈥淚鈥檓 sorry 鈥 it came out of me 鈥 I didn鈥檛 know what to do,鈥 adding that she held the baby, who showed 鈥渘o movement, no breathing, nothing.鈥

Police detained Trevizo within three minutes of entering the room.

The officers remained in Trevizo鈥檚 room even as she received another vaginal examination.

Trevizo 鈥渨as airlifted to Lovelace almost two hours after Dr. Vaskas determined that she could 鈥榙ie鈥 from postpartum hemorrhage,鈥 Vigil wrote.