NM - Alexee Trevizo, 19, Charged with murder of newborn in trash can, Artesia, Jan 2023

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ARTESIA, N.M. (KRQE) – It’s the latest legal move in a case that rocked New Mexico: when a teen mom gave birth and her newborn was found dead in an Artesia hospital bathroom. Now, the state Supreme Court could weigh in on how much the jurors in her trial will get to hear.

There’s no timeline on when the state Supreme Court may decide on whether or not to take up this appeal. Both the defense and prosecution said it’s now unlikely the case will go to trial as planned next month.
 
DA Appeals decision of what evidence is allowed in Trevizo's trial previously scheduled for August

July 9, 2024

[..]

Ultimately, the district court judge sided with the defense that that evidence should be suppressed. But now, the state is appealing the decision. “All I can say is that obviously it was evidence that we believe was proper, evidence that we believe that we should be allowed to use, and we respectfully disagree with the court,” said Dianna Luce, the District Attorney for Eddy, Lea, and Chaves Counties.

The DA’s office is asking the state’s highest court to reverse the decision and allow Trevizo’s statement, among other evidence, to come out in court. While DA Luce said she can’t speak on specifics due to a court seal, she did speak to why her office is committed to prosecuting this case.

“Is this really just a medical issue that is private and confidential or were there some type of actions that rise to the level of criminal intent? So, we believe that it rises to the level of criminal intent,” said Luce. “Our job is to protect children. So, especially any infant who cannot protect themselves, so we made that decision to file charges.”

[..]
 
Chelly said:
lawandcrime.com

Trial postponed for woman accused of killing and dumping newborn in hospital bathroom

"They're not entitled under the present decision of the trial court to utilize those medical records or to utilize any statements that she may have made."
lawandcrime.com lawandcrime.com
Click to expand...

After losing all of it's evidence, the State is in a pickle! And the appellate under no time constraint to escalate a decision.

From the quoted MSM link:

A pretrial hearing slated for July 22 did not occur, according to the district court docket. The day after that, the state’s highest court acknowledged it had received certain exhibits in the case.

Trial was scheduled to begin on Aug. 26. That date, however, has now vanished from the district court docket entirely.

Instead, there is a motion hearing slated for Aug. 22 at 1:30 p.m.

While largely keeping mum, the prosecutor discussed her office’s appeal of Shuler-Gray’s ruling in comments to local media last month — broadly outlining the state’s arguments in comments to Albuquerque-based CBS/Fox affiliate KRQE.
 
This is so confusing to me. So, she allegedly killed her baby at the hospital, but no staff can give details about her alleged role in the baby's death? How do detectives investigate this if no one can talk? If you are a patient and kill someone at the hospital and staff discover it, they can't offer information? As y'all can see, I'm so confused and have so many questions.
 
everlearning said:
This is so confusing to me. So, she allegedly killed her baby at the hospital, but no staff can give details about her alleged role in the baby's death? How do detectives investigate this if no one can talk? If you are a patient and kill someone at the hospital and staff discover it, they can't offer information? As y'all can see, I'm so confused and have so many questions.
Click to expand...
You are not alone! I am also confused.
 
everlearning said:
This is so confusing to me. So, she allegedly killed her baby at the hospital, but no staff can give details about her alleged role in the baby's death? How do detectives investigate this if no one can talk? If you are a patient and kill someone at the hospital and staff discover it, they can't offer information? As y'all can see, I'm so confused and have so many questions.
Click to expand...

mewmew said:
You are not alone! I am also confused.
Click to expand...

Legally, it comes down to the following question that the DA will argue before the Appellate Court after the District Court decided in favor of the defense to suppress the incriminating statements by the defendant as evidence at trial:

“Is this really just a medical issue that is private and confidential or were there some type of actions that rise to the level of criminal intent? So, we believe that it rises to the level of criminal intent,” said Luce. “Our job is to protect children. So, especially any infant who cannot protect themselves, so we made that decision to file charges.”

To be clear, hospitals are mandatory reporters in certain circumstances including non-accidental injuries.

The defense argued that AT's doctor-patient privilege was violated when hospital staff turned over information to the ‘police and public.’

AT's attorney also argued AT's Miranda rights were violated claiming she was detained when waiting in the hospital room:

“She didn’t agree to have the doctor act as a police officer and help interrogate her with police officers in the room. At the time they already had her in custody, she was not free to go,” said Mitchell.

The state argued this was not a HIPPA violation and that AT waived her rights when she started talking to doctors with her mother and police in the room. The state also argued AT was not in police custody at the time she told the doctor the baby came out of her and she didn't know what to do.

It's going to be interesting how the higher court decides.

IMO, it's not reasonable to expect police be assigned to a hospital in anticipation of a crime being committed and where they can step in quickly and Mirandize a patient!

I also think if you are in the act of a crime, you do not have a right to privacy and shouldn't be able to hide behind HIPPA.

I'd hate to see a precedent set where hospitals and clinics become sacred ground for criminals and/or criminal activity under the guise of HIPPA protection. That's opening an ugly, ugly, can of worms. MOO

DA Appeals Decision
 
Seattle1 said:
After losing all of it's evidence, the State is in a pickle! And the appellate under no time constraint to escalate a decision.

From the quoted MSM link:

A pretrial hearing slated for July 22 did not occur, according to the district court docket. The day after that, the state’s highest court acknowledged it had received certain exhibits in the case.

Trial was scheduled to begin on Aug. 26. That date, however, has now vanished from the district court docket entirely.

Instead, there is a motion hearing slated for Aug. 22 at 1:30 p.m.

While largely keeping mum, the prosecutor discussed her office’s appeal of Shuler-Gray’s ruling in comments to local media last month — broadly outlining the state’s arguments in comments to Albuquerque-based CBS/Fox affiliate KRQE.
Click to expand...

[bbm]

the State lost all its evidence???
 
LadyL said:
[bbm]

the State lost all its evidence???
Click to expand...
Seattle1 said:
Legally, it comes down to the following question that the DA will argue before the Appellate Court after the District Court decided in favor of the defense to suppress the incriminating statements by the defendant as evidence at trial:

“Is this really just a medical issue that is private and confidential or were there some type of actions that rise to the level of criminal intent? So, we believe that it rises to the level of criminal intent,” said Luce. “Our job is to protect children. So, especially any infant who cannot protect themselves, so we made that decision to file charges.”

To be clear, hospitals are mandatory reporters in certain circumstances including non-accidental injuries.

The defense argued that AT's doctor-patient privilege was violated when hospital staff turned over information to the ‘police and public.’

AT's attorney also argued AT's Miranda rights were violated claiming she was detained when waiting in the hospital room:

“She didn’t agree to have the doctor act as a police officer and help interrogate her with police officers in the room. At the time they already had her in custody, she was not free to go,” said Mitchell.

The state argued this was not a HIPPA violation and that AT waived her rights when she started talking to doctors with her mother and police in the room. The state also argued AT was not in police custody at the time she told the doctor the baby came out of her and she didn't know what to do.

It's going to be interesting how the higher court decides.

IMO, it's not reasonable to expect police be assigned to a hospital in anticipation of a crime being committed and where they can step in quickly and Mirandize a patient!

I also think if you are in the act of a crime, you do not have a right to privacy and shouldn't be able to hide behind HIPPA.

I'd hate to see a precedent set where hospitals and clinics become sacred ground for criminals and/or criminal activity under the guise of HIPPA protection. That's opening an ugly, ugly, can of worms. MOO

DA Appeals Decision
Click to expand...
 
Seattle1 said:
Legally, it comes down to the following question that the DA will argue before the Appellate Court after the District Court decided in favor of the defense to suppress the incriminating statements by the defendant as evidence at trial:

“Is this really just a medical issue that is private and confidential or were there some type of actions that rise to the level of criminal intent? So, we believe that it rises to the level of criminal intent,” said Luce. “Our job is to protect children. So, especially any infant who cannot protect themselves, so we made that decision to file charges.”

To be clear, hospitals are mandatory reporters in certain circumstances including non-accidental injuries.

The defense argued that AT's doctor-patient privilege was violated when hospital staff turned over information to the ‘police and public.’

AT's attorney also argued AT's Miranda rights were violated claiming she was detained when waiting in the hospital room:

“She didn’t agree to have the doctor act as a police officer and help interrogate her with police officers in the room. At the time they already had her in custody, she was not free to go,” said Mitchell.

The state argued this was not a HIPPA violation and that AT waived her rights when she started talking to doctors with her mother and police in the room. The state also argued AT was not in police custody at the time she told the doctor the baby came out of her and she didn't know what to do.

It's going to be interesting how the higher court decides.

IMO, it's not reasonable to expect police be assigned to a hospital in anticipation of a crime being committed and where they can step in quickly and Mirandize a patient!

I also think if you are in the act of a crime, you do not have a right to privacy and shouldn't be able to hide behind HIPPA.

I'd hate to see a precedent set where hospitals and clinics become sacred ground for criminals and/or criminal activity under the guise of HIPPA protection. That's opening an ugly, ugly, can of worms. MOO

DA Appeals Decision
Click to expand...
Thank you so much! Your clear explanation helps me to better understand.
 
www.koat.com

Trial postponed for teen accused of throwing baby in a hospital trash can

District attorney puts the trial on hold to try and overturn a ruling suppressing evidence.
www.koat.com www.koat.com

I'm glad they went this route though. It seemed WRONG for a police officer to be present with his body cam in the room while the patient was speaking with the doctor. Legally the video shouldn't be used in court, in my opinion. She was never read her rights and the officer shouldn't have been there.

"A district court ruled in favor of the defense in June to suppress all statements made by Trevizo to her medical providers because of doctor-patient privilege and all statements made by her to her doctor in front of police. Court documents even accuse the doctor of acting as a police agent"

As for evidence of whether the baby was born alive or stillborn, that will be left to medical investigators. To me, that's what will prove what happened.

I'm still surprised she went into hospital with a "backache" and mom was not noticing what was happening for the past 8-9 months!? But then again they have entire TV shows about this....
 
I'm curious if pretrial release bond conditions have been updated/changed since AT graduated from HS. I'm not understanding how they monitor her curfew if she does not wear a monitor. Maybe they rely on the community to report is they see her our after 7 pm.

www.lcsun-news.com

Artesia mother Alexee Trevizo accused of killing newborn released by court ahead of trial

Alexee Trevizo was released on a $100,000 unsecured bond following a Tuesday hearing in front of Eddy County District Judge David Finger.
www.lcsun-news.com
 
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