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

[RickshawFan]

What happens if Alexee marries the boyfriend? Then, they get spousal privilege for all their interactions, including before the baby was born?

 

[nyvictoria]

What happens if Alexee marries the boyfriend? Then, they get spousal privilege for all their interactions, including before the baby was born?

IIRC spousal privilege does not apply in cases regarding children.

Someone correct me if I’m wrong on this.

 

[RickshawFan]

IIRC spousal privilege does not apply in cases regarding children.

Someone correct me if I’m wrong on this.

Oh, yeah. Now I remember. This issue is current in the Bridegan case: LE tacked on child abuse, and now spousal privilege is void.

But...is a stillborn baby a child?

I wish there were more charges in the Trevizo case. In other cases, mothers have been charged with damaging a foetus (e.g. by using drugs), and if pros can prove Alexeee knew she was pregnant (I'll bet the cheer coach discussed it with her), she can be charged with more?

 

[nyvictoria]

Oh, yeah. Now I remember. This issue is current in the Bridegan case: LE tacked on child abuse, and now spousal privilege is void.

But...is a stillborn baby a child?

I wish there were more charges in the Trevizo case. In other cases, mothers have been charged with damaging a foetus (e.g. by using drugs), and if pros can prove Alexeee knew she was pregnant (I'll bet the cheer coach discussed it with her), she can be charged with more?

I’m not sure whether deliberate lack of prenatal care is a criminal act. If it is, for sure they’d have to prove she knew she was pregnant, and possibly also prove that the baby’s death was due to that. Since they say death was due to suffocation, I’m not sure they can use the lack of prenatal care as COD. Maybe as an added/lesser included charge.

Maybe an attorney can weigh in here. Is @gitana1 around?

 

[housewife]

This case continues to make me steaming mad!! She had options right in front of her!
She chose this outcome, no one else. Morphine didn’t do it, Alexee did!
She needs to take a long, hard, look in the mirror, do some soul searching, or maybe have an exorcism! Something besides blaming someone else.
<modsnip>

Are neonaticides caused by low intelligence?
This girl had a lot of fear that caused her to hide a pregnancy from her own parents. Why was she afraid to tell a parent? Is it possible hiding the pregnancy was her immature attempt to avoid possible abuse/corporal punishment in the first place?

 

[Seattle1]

CRIMINAL PROSECUTION

Although no state has enacted a law that specifically criminalizes conduct during pregnancy, prosecutors have used statutes prohibiting abuse or neglect of children to charge women for actions that potentially harm the fetus. Some have also argued that pregnant women “delivered” drugs to “minor” children — fetuses — through the umbilical cord. In addition, a mother’s or newborn’s positive drug test has led to charges of assault with a deadly weapon (cocaine), contributing to the delinquency of a minor, and possession of a controlled substance. In cases in which infants tested positive and died soon after birth, women have been charged with homicide or feticide. Some women have even been prosecuted for drinking alcohol or failing to follow a doctor’s order to get bed rest or refrain from sexual intercourse during pregnancy.

Estimates based on court documents, news accounts, and data collected by attorneys representing pregnant and parenting women indicate that at least 200 women in more than thirty states have been arrested and criminally charged for their alleged drug use or other actions during pregnancy. The majority of women prosecuted have been low-income women of color, despite the fact that rates of illegal drug use are similar across race and class lines.

https://reproductiverights.org/sites/default/files/documents/pub_bp_punishingwomen.pdf

 

[Seattle1]

New Mexico teen accused of newborn murder permitted to attend university in person

She’s accused of strangling her baby and putting the baby in the bathroom trashcan for cleaners to find.

katv.com

8/24/23

During the virtual court appearance, her attorney shared that she had been attending NMSU virtually.

Her attorney asked the judge that she be allowed to attend the university in person.

A domestic violence prohibition against Trevizo had been discussed.

It was brought up that her baby’s father also attends the university.

There was back and forth between prosecutors and the defense about the possibility of her running into the baby’s father.

The judge sided with the defense team and said the domestic violence prohibition did not apply in this case.

She will be allowed to attend NMSU in person.

 

[Seattle1]

More than 12000 sign petition to remove Alexee Trevizo from university

Alexee Trevizo, 19, gave birth to her son in a bathroom at the Artesia General Hospital on January 27 before putting his body in a trashcan.

www.dailymail.co.uk

8/28/23

Now it has emerged that more than 12,000 have signed a petition to kick Treviso out of New Mexico State University in Las Cruces after a judge modified her bail conditions so as to allow her to attend her classes in person there.

The petition, started by EG on Change.org, said allowing Treviso to pursue higher education when she has been charged with a 'heinous crime' is 'morally wrong'.

ETA: Petition count is currently at 14,306 of the 15,000 goal

Sign the Petition

Get Alexee Trevizo Off NMSU Campus!

www.change.org

 

[Seattle1]

Anger as Judge OKs Alexee Trevizo for College After Baby Murder Charge

The news that the woman accused of murdering her newborn would be on campus did not sit well with some, and a Change.org petition asking the school to reconsider her admission already garnered close to 15,000 signatures.

www.insideedition.com

 

[Seattle1]

Amended money grab $$$$$$$ by AT

https://www.scribd.com/document/664416717/Alexee-Trevizo-Wrongful-Death-Lawsuit#

 

[Seattle1]

What part of public outrage does this tone-deaf teen and her boyfriend (i.e., the parents of the victim) not understand?

Whatever our personal beliefs, we have in common the feeling that it is a serious wrong to behave with such gross disrespect and indecency towards a newborn human life, and then file a lawsuit against the hospital seeking damages for loss of love and emotional distress! MOO

NM - Wrongful Death Statute​

What Is the New Mexico Wrongful Death Statute?​

The New Mexico wrongful death statute identifies rights and remedies for surviving family members of a deceased person.

The New Mexico wrongful death statute provides that if the act, neglect, or default of another had not killed the victim and the victim would have had the right to recover compensation in a personal injury action, then the person who caused the death is liable in a wrongful death claim.

[..]

Who Can File a Wrongful Death Claim in New Mexico?​

The New Mexico wrongful death statute permits only certain parties to bring a wrongful death claim. A personal representative must file a wrongful death claim. Who the personal representative is depends on the circumstances surrounding the case.

[..]

Determining Liability​

Determining liability for wrongful death is a crucial element in obtaining compensation. Establishing the essential elements of negligence is required for holding someone legally accountable for a wrongful death. A negligence claim has four basic elements: duty, breach, causation, and damages.

Duty​

A personal injury attorney establishes that the defendant in a wrongful death lawsuit owed a duty of care to the deceased. For example, a driver owes a duty of care to those around them to operate their vehicle reasonably so as to avoid causing an accident.

Breach​

The defendant must have breached this duty of care or failed to uphold their duty of care. In the previous example, a driver fails to operate their vehicle reasonably if they are intoxicated at the time of the accident.

Causation​

You must establish that the defendant’s breach of duty caused the wrongful death of your loved one. Continuing with the same example, the defendant, while intoxicated, hit and killed a pedestrian crossing in a crosswalk.

Using these facts, the surviving spouse of the pedestrian killed in the accident may choose to file a wrongful death lawsuit against the driver for causing the death of the loved one.

Damages​

In a wrongful death case, the death of the victim will create damages—both economic and non-economic—which we discuss in greater detail in the next section.

What Are the Possible Damages in a New Mexico Wrongful Death Lawsuit?​

When your attorney proves liability for the death of your loved one, the lawsuit moves forward with the issue of compensation.

Wrongful death lawsuits seek to compensate surviving family members for their loss. Compensatory damages are separated into two categories called economic damages and non-economic damages.

Economic Damages ​

Economic damages include direct financial losses that are calculated with certainty. These damages include:

• Medical expenses,
• Funeral and burial expenses,
• Loss of economic benefits like life insurance,
• Loss of financial support,
• Loss of inheritance.

Support for economic damages comes from receipts, invoices, pay stubs, and statements. It’s important to maintain all records of these losses to prove these economic losses.

Non-Economic Damages ​

Non-economic damages include intangible, subjective losses that are identified as the following:

• Emotional distress,
• Loss of love,
• Loss of companionship, and
• Loss of consortium.

Non-economic damages often comprise the bulk of damages in wrongful death cases. These damages vary greatly from case to case because they require the valuation of something incalculable—the loss of a loved one.

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How Are Damages Distributed?​

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If the deceased person had no surviving spouse or surviving children or grandchildren, the deceased person’s parents receive the damages award.

 

[Seattle1]

I truly hope the Hospital, et., al. file an independent claim against the suing teen couple for intentional infliction of emotional distress (IIED), pursuant to the New Mexico Human Rights Act ("NMHRA").

Intentional infliction of emotional distress is pretty straightforward in theory. A victim of IIED will have a claim when another (person, entity, company…) engages in “extreme and outrageous” intentionally harmful or reckless conduct that is likely to cause severe emotional distress.

Extreme and outrageous conduct is that which goes beyond bounds of common decency and is atrocious and intolerable to the ordinary person. Emotional distress is “severe” if it is of such an intensity and duration that no ordinary person would be expected to tolerate it.

NMRA, Rule 13-1628

To ensure the teens can never profit from the baby's death, if only there could be a class action suit against the teens for IIED on behalf of every person who read the story about AT's outrageous conduct-- followed by the couple's outrageous lawsuit for wrongful death. MOO

What Is Intentional Infliction Of Emotional Distress?

Emotional harm can be just as damaging as physical harm in some circumstances. The law recognizes this, which is why a person can file a civil claim to recover compensation for intentional infliction of emotional distress. But what is intentional infliction of emotional distress? This guide expla

www.forbes.com

 

[Soulmagent]

More than 12000 sign petition to remove Alexee Trevizo from university

Alexee Trevizo, 19, gave birth to her son in a bathroom at the Artesia General Hospital on January 27 before putting his body in a trashcan.

www.dailymail.co.uk

8/28/23

Now it has emerged that more than 12,000 have signed a petition to kick Treviso out of New Mexico State University in Las Cruces after a judge modified her bail conditions so as to allow her to attend her classes in person there.

The petition, started by EG on Change.org, said allowing Treviso to pursue higher education when she has been charged with a 'heinous crime' is 'morally wrong'.

ETA: Petition count is currently at 14,306 of the 15,000 goal

Sign the Petition

Get Alexee Trevizo Off NMSU Campus!

www.change.org

This is really the worst petition I have ever seen.
So the premise apears to be ,anyone charged with a henious crime should not pursue knowledge, they dont deserve to know stuff? Or not as much stuff as anyone else?
I would think that smarter more educated people would be less likely to commit crimes they would be ,but time has shown me over and over again the smartest crimes are commited by the most educated

 

[SugarQueen]

While I do think AT should continue her schooling I don’t believe she deserves the privilege of physically attending school. Let her continue to take classes online.
She doesn’t deserve to go on as if she didn’t kill her newborn son. IMHO

 

[SugarQueen]

My memory isn’t always the best. Can someone fill me in on why they were discussing a domestic violence prohibition? Why do they care if she has contact with the baby’s father?
I thought they were a couple all this time?

 

[RickshawFan]

My memory isn’t always the best. Can someone fill me in on why they were discussing a domestic violence prohibition? Why do they care if she has contact with the baby’s father?
I thought they were a couple all this time?

AFAIK the two haven't been allowed in-person contact since her arrest, because he is a potential witness in this case. But now the judge has made this provision murky?

 

[RickshawFan]

While I do think AT should continue her schooling I don’t believe she deserves the privilege of physically attending school. Let her continue to take classes online.
She doesn’t deserve to go on as if she didn’t kill her newborn son. IMHO

Yes, there really is no need to be in a physical classroom except maybe science lab. But, this could be once a week in evenings.

IMO Alexee should be doing community volunteering and/or paid work that benefits others at this point. Everything is about her, and that's not a good look. If she was behind the scenes in a soup kitchen, picking up trash on trails, knitting for the Red Cross, it would be easier (for me at least) to cut her some slack on the school thing.

 

[everlearning]

There are times when I read about this case and the seeming disregard by some for this little fella's life, I feel such sadness. His life matters, too. I especially felt this way when I saw her and baby daddy at the prom. I can get all up in my feelings in this case — including anger and frustration. As my momma would say, "It makes me spittin' mad" sometimes.

 

[Chimera]

Part of my feelings about this case in particular are : If Alexee pursues a career where she is caring for people (RN, CNA, Occupational Therapist, etc.); I worry about how she may treat them.

Esp. infants.
What if she's working in a nursery at the hospital, and one of the crying babies makes her angry ?

And imo I also wouldn't want her caring for any elderly or disabled persons !
To throw a live baby into the garbage is an act that should ensure you are never in a position to care for/treat a helpless human being.
Omo.

 

[Seattle1]

Part of my feelings about this case in particular are : If Alexee pursues a career where she is caring for people (RN, CNA, Occupational Therapist, etc.); I worry about how she may treat them.

Esp. infants.
What if she's working in a nursery at the hospital, and one of the crying babies makes her angry ?

And imo I also wouldn't want her caring for any elderly or disabled persons !
To throw a live baby into the garbage is an act that should ensure you are never in a position to care for/treat a helpless human being.
Omo.

I think this was the concern of the organizer of the petition seeking to prohibit AT from pursuing a healthcare, social work, and/or education, degree at NMSU.

From Petition.org previously linked:

We, concerned citizens of New Mexico, call upon the authorities and educational institutions to take immediate action to prevent Alexee Trevizo from pursuing a career in nursing or social work or any field of education. We believe that her recent actions, which include being charged with the murder of her newborn baby by throwing the infant into a trash can, demonstrate an alarming lack of empathy and disregard for human life.

As members of our community, we have a responsibility to protect vulnerable individuals and ensure their safety. Allowing someone who has been involved in such a heinous crime to pursue an education, especially one that involves caring for others is not only morally wrong but also poses significant risks to potential patients or clients.

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