The mom who allegedly left her newborn baby to die in the trash of a hospital bathroom had her first day in court. Now, it seems she may be able to avoid her first-degree murder charge from May 2023, according to KOAT.
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Mom Who Allegedly Left Baby To Die In Trash May Avoid Criminal Charges
The New Mexico Supreme Court heard oral arguments to figure out if video evidence captured of discussions between Alexee Trevizo, her mother, and medics could be used against her in trial. This happened on September 4, and we now know that the mother’s lawyers successfully argued that Trevizo hadn’t read her Miranda rights before having conversations about her alleged crimes, PEOPLE reported.
Then, Assistant Solicitor General Michael Thomas claimed Trevizo didn’t need to know her Miranda rights since police weren’t interviewing her at that time.
The New Mexico Fifth Judicial District Court had ruled in 2024 that any comments Trevizo made while in the hospital, caught on police body cam, wouldn’t be admissible in court. It was reportedly protected under doctor-client privilege.
Trevizo was arrested on January 27, 2023, when she was 19 at the time, for alleged first-degree murder. Investigators found her newborn in the trash can after she gave birth inside a bathroom at Artesia General Hospital, New Mexico.
Explaining Trevizo’s Case
The young girl initially visited the emergency room due to back pain. Doctors soon discovered she was pregnant and in labor. Court documents state that Trevizo gave birth to a baby boy after she locked herself in a bathroom. Soon after, staff found the baby’s concealed body in the bathroom’s garbage can.
Trevizo’s defense lawyers also successfully argued in court that police violated her rights when officers with body cameras entered the room while she was undergoing medical treatment.
Their amicus brief wrote that Trevizo “was not under arrest or restraint when she made that admission. Body cam footage went viral online, showing Alexee admitting to her mother that she put the baby in the trash bag.
It also said that “the exchange between [Trevizo] and the physician did not rise to the level of police interrogation.”
This has all made it very difficult for prosecutors to use anything against Trevizo. Although body cam footage had Trevizo admitting to the alleged crime, they are unable to use it in court.
Prosecutors Unable To Use Body Cam Footage In Court
In the video, the girl’s mother was stunned to find out her daughter was nine months pregnant. “Where did you put the baby at?” Said the mother while her daughter was still in the hospital bed. “Tell me the truth.”
In another clip, the mother asked, “You put it in the bag?” referring to the baby.
“Yeah,” said Trevizo.
“In what bag?” Her mother questioned.
“The trash bag,” said the daughter. She then admitted she didn’t say anything because she was scared.
Despite prosecutors fighting against this, the judge allowed Trevizo a pretrial release. She was able to attend prom, and the judge even allowed her to attend college.