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

[Chelly]

Updated video - Doctor and staff interviews by LE.

 

[Chelly]

https://www.krqe.com/news/crime/da-appeals-decision-on-what-evidence-is-allowed-in-trial-of-alexee-trevizo/

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.

 

[Seattle1]

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.”

[..]

 

[Seattle1]

Jul 12, 2024 ✪ Members first on July 11, 2024 #AlexeeTrevizo #CourtTV
#AlexeeTrevizo allegedly gave birth in a hospital bathroom and hid her baby's body in the trash can. Now, the alleged murderer's defense wants to hide crucial video evidence from the jury.

 

[Chelly]

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

 

[Seattle1]

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

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.

 

[Seattle1]

https://www.krqe.com/news/crime/da-appeals-decision-on-what-evidence-is-allowed-in-trial-of-alexee-trevizo/

July 8, 2024

 

[everlearning]

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.

 

[mewmew]

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.

You are not alone! I am also confused.

 

[Seattle1]

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.

You are not alone! I am also confused.

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

 

[LadyL]

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.

[bbm]

the State lost all its evidence???

 

[Seattle1]

[bbm]

the State lost all its evidence???

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

 

[LadyL]

ok it's been suppressed - I thought you meant lost as in lost physical evidence somewhere ...

 

[everlearning]

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

Thank you so much! Your clear explanation helps me to better understand.