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

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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.”

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