Alexee Trevizo’s statements about placing her newborn in a hospital trash bag cannot be used by prosecutors in her murder case, the New Mexico Supreme Court ruled unanimously. The court cited physician-patient confidentiality and found that Trevizo was in a compromised medical condition when police entered her hospital room. The ruling also excluded police bodycam footage and hospital surveillance video tied to the investigation. Trevizo, who was 19 when arrested in 2023, continues to maintain that the baby was stillborn and that she did not know she was pregnant until giving birth.
| 1) Court excludes confession and recordings |
| 2) Hospital encounter preceded the statements |
| 3) Investigation focused on the hospital bathroom |
| 4) Medical findings and defense position |
| 5) Case proceeds without central recordings |
Court excludes confession and recordings
The New Mexico Supreme Court ruled that statements Trevizo made in her hospital room, while speaking with medical staff and her mother in the presence of police officers, were protected by physician-patient confidentiality. The unanimous decision upheld a lower court ruling that also barred police bodycam footage and hospital security video from trial. Prosecutors had relied on the recordings in a case charging Trevizo with first-degree murder and tampering with evidence after her arrest on May 10, 2023.
The court said Trevizo was receiving medical care and had not been given a meaningful opportunity to control who entered the room before her medical condition was discussed. Justice Michael E. Vigil wrote that the circumstances did not establish a voluntary waiver of her physician-patient privilege. Prosecutors had argued that Miranda warnings were unnecessary because Trevizo was speaking to hospital personnel rather than directly answering police questions.
Hospital encounter preceded the statements
Trevizo arrived at Artesia General Hospital on Jan. 27, 2023, reporting severe back pain. Staff performed tests and administered morphine while they investigated the cause of her condition. According to the court record and police footage, she repeatedly denied being pregnant before leaving her room and going to a locked bathroom while holding her backside.
Her mother and hospital employees waited outside for about 20 minutes. When Trevizo opened the door, staff found substantial blood on the floor and began cleaning the area. A doctor, Heather Vaskas, later entered the room with two officers and told Trevizo and her mother that a dead newborn had been found in a trash container. Trevizo then said, “I’m sorry, it came out of me. I didn’t know what to do,” and said she had been scared.
Investigation focused on the hospital bathroom
Hospital staff initially suspected the blood could have resulted from an attempt to terminate a pregnancy. Blood was found on the bathroom wall, and a janitor was asked to clean the room. During that work, the janitor noticed that a trash bag felt unusually heavy and searched through it.
The janitor found a newborn who was not breathing beneath bloody paper towels and other waste and alerted nurses. Police were then notified as required by law. In the recorded exchange described in court documents, Trevizo’s mother asked where the baby had been placed and whether it had been put in the bag. Trevizo confirmed that she had placed the newborn there.
Medical findings and defense position
The New Mexico Office of the Medical Investigator determined that the newborn died by homicide. The autopsy findings stated that the baby had air in his lungs and showed evidence of a hemorrhage consistent with hypoxia. The report concluded that death resulted from entrapment after the infant was placed and tied inside a plastic trash bag.
Trevizo has continued to say that the baby was stillborn. She has also maintained that she did not know she was pregnant until she gave birth in the hospital bathroom. The Supreme Court’s ruling addressed whether evidence could be admitted at trial, not the ultimate facts of the child’s death or Trevizo’s criminal liability.
Case proceeds without central recordings
The district attorney’s office filed the charges using the bodycam conversation and hospital surveillance footage showing Trevizo in the facility, including her movements near the bathroom. With those recordings excluded, prosecutors must proceed without evidence that the lower court and Supreme Court found inadmissible under the circumstances of the hospital encounter.
After her arrest, Trevizo was released while awaiting trial and was allowed to complete her senior year without an ankle monitor or house arrest. She later attended New Mexico State University. A student petition seeking her removal from campus received more than 30,000 signatures. The court’s decision leaves the murder case pending while determining what other evidence, if any, can be presented.
| Number | Key Point |
|---|---|
| 1 | The state Supreme Court unanimously excluded the hospital-room statements. |
| 2 | Police bodycam and hospital security footage were also ruled inadmissible. |
| 3 | The newborn was found inside a tied trash bag at Artesia General Hospital. |
| 4 | Trevizo faces first-degree murder and evidence-tampering charges. |
Summary
The ruling removes the most direct recorded statements and visual evidence from the prosecution’s case, based on confidentiality protections and the circumstances of Trevizo’s treatment. It does not dismiss the charges or resolve the competing accounts concerning whether the newborn was stillborn or died after being placed in the trash bag. Further proceedings will determine whether the case can continue using evidence not covered by the court’s decision.
Frequently Asked Questions
What did the New Mexico Supreme Court decide?
The court ruled that statements Trevizo made in her hospital room, along with police bodycam and hospital surveillance footage, could not be used by prosecutors at trial under the circumstances presented.
Why was the bodycam confession excluded?
The justices found that Trevizo was receiving medical treatment and had not voluntarily waived physician-patient confidentiality before her condition was discussed in front of police and others.
What charges does Trevizo face?
She was charged with first-degree murder and tampering with evidence after the newborn was found in a trash container at Artesia General Hospital.
Has the case been dismissed?
No. The ruling concerns the admissibility of specific recordings and statements. The criminal case remains pending.
