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

[Ashleym324]

It’s been a while, are there any updates on this case?

 

[mickey2942]

MOO, is that the hospital could be in CYA mode, to not be blamed for the baby's death, or in any way liable. Even though Mom threw baby in trash, had she been checked into ER for treatment prior to birth of baby?

I know, I was at an ER one night, for literally hours before anyone saw me. It is like, they do a quick triage, and decide if you are not an emergency to sit in the corner. So, someone may have missed a woman needing assistance right away.

 

[RickshawFan]

MOO, is that the hospital could be in CYA mode, to not be blamed for the baby's death, or in any way liable. Even though Mom threw baby in trash, had she been checked into ER for treatment prior to birth of baby?

I know, I was at an ER one night, for literally hours before anyone saw me. It is like, they do a quick triage, and decide if you are not an emergency to sit in the corner. So, someone may have missed a woman needing assistance right away.

Yes, she was very much being treated in ER. She swore to them she wasn’t pregnant, because she hadn’t had sex. They did a pregnancy test anyway (standard protocol IMO), but the results weren’t available yet at the time of the baby’s delivery.
She actually was in labor. IIRC she wouldn’t allow a physical exam. I’m sure this put the hospital in a bind.
IMO the staff on duty at that hospital were very competent.

 

[AislingGray18]

MOO, is that the hospital could be in CYA mode, to not be blamed for the baby's death, or in any way liable. Even though Mom threw baby in trash, had she been checked into ER for treatment prior to birth of baby?

I know, I was at an ER one night, for literally hours before anyone saw me. It is like, they do a quick triage, and decide if you are not an emergency to sit in the corner. So, someone may have missed a woman needing assistance right away.

This is a bit different. I too, once sat for hours unattended in the ER, I was unconscious and had thrown up all over the floor and they left me that way, in the waiting room. No care or regard, did not bother to call my emergency contacts either.

Alexee was not only not alone, she was checked in, triaged and in a bed, however, she was refusing a pelvic exam and was saying she wanted to leave.

It is entirely possible those medical professionals could clearly see she was pregnant, and knew what was going on, but know better than to speak without testing and risk being accused of anything violating HIPAA.

I don't see where the hospital is liable for anything, they were not even a full ER, no birthing wing. No OB department. I think those medical professionals did the absolute best, with what they were presented with.

 

[RickshawFan]

This is a bit different. I too, once sat for hours unattended in the ER, I was unconscious and had thrown up all over the floor and they left me that way, in the waiting room. No care or regard, did not bother to call my emergency contacts either.

Alexee was not only not alone, she was checked in, triaged and in a bed, however, she was refusing a pelvic exam and was saying she wanted to leave.

It is entirely possible those medical professionals could clearly see she was pregnant, and knew what was going on, but know better than to speak without testing and risk being accused of anything violating HIPAA.

I don't see where the hospital is liable for anything, they were not even a full ER, no birthing wing. No OB department. I think those medical professionals did the absolute best, with what they were presented with.

I watched all the interviews of all the staff, and they seemed very competent.

 

[Seattle1]

Reading today about a teen arrest in Idaho reminded me that New Mexico is also a "Safe Haven" state where AT could have handed the infant over to hospital staff and walked away with no questions asked. She did not have to stuff the infant in a plastic garbage bag at the bottom of the rubbish bin to suffocate.

State of New Mexico | Children, Youth & Families Department

Learn about the New Mexico Safe Haven for Infants Act. CYFD's protective services provide a safe and anonymous option for newborns in need of care.

www.cyfd.nm.gov

Teen arrested after staff make horrifying discovery in safe haven box

Angel N. Newberry, 18, was taken into custody by the Blackfoot Police Department on November 21 for reportedly leaving a dead newborn girl in the box at the Grove Creek Medical Center

www.dailymail.co.uk

 

[Seattle1]

It's been a year since AT was in court and thought it time to pull some records for the upcoming trial. NM does not post the Motions but we can see the Register of Actions (ROA).

During the past 12 months, the defendant did get the Judge replaced and a new case number was assigned. The defense motioned for a change of venue but there's been no Order. Looks like they will quiz the jurors before ruling on this motion.

State of New Mexico v. Alexee Trevizo​

CASE NUMBER	CURRENT JUDGE	FILING DATE	COURT
CASE DETAIL​
D-503-CR-202300159	Shuler-Gray, Jane	05/18/2023	CARLSBAD DISTRICT

PARTY TYPE	PARTY DESCRIPTION	PARTY #	PARTY NAME
PARTIES TO THIS CASE​
D	Defendant	1	TREVIZO ALEXEE
	ATTORNEY: MITCHELL GARY C.
	ATTORNEY: 5TH JUD. DIST. PUBLIC DEFENDER
P	Plaintiff	1	STATE OF NEW MEXICO
	ATTORNEY: GONZALES ARIANE ROSE

PARTY	COUNT	SEQ #	STATUTE	CHARGE	CLASS	CHARGE DATE	CIT #	PLEA	DISPOSITION	DISP DATE
CRIMINAL CHARGE DETAIL​
D 1	1	1	30-2-1(A)(1)	First Degree Murder (Willful & Deliberate)	FC	01/27/2023
D 1	2	1	30-22-5	Tampering with Evidence (Highest Crime a Capital, First or Second Degree Felony)	F3	01/27/2023

HEARING DATE	HEARING TIME	HEARING TYPE	HEARING JUDGE	COURT	COURT ROOM
HEARINGS FOR THIS CASE​
08/26/2024	9:00 AM	Jury Trial	Shuler-Gray, Jane	CARLSBAD DISTRICT COURT	Eddy County Courtroom 1
07/22/2024	9:00 AM	Pretrial Hearing	Shuler-Gray, Jane	CARLSBAD DISTRICT COURT	Eddy County Courtroom 1
08/22/2023	1:30 PM	Motion Hearing	Shuler-Gray, Jane	CARLSBAD DISTRICT COURT	Judge Shuler-Gray's Google Meet

EVENT DATE	EVENT DESCRIPTION	EVENT RESULT	PARTY TYPE	PARTY #	AMOUNT
REGISTER OF ACTIONS ACTIVITY​
05/13/2024	FINDINGS & CONCLUSIONS
05/09/2024	NTC: NOTICE		D	1
	Notice of Demand for In-Person Confrontation and Non-Waiver of Right to Confront
09/12/2023	SEALED DOCUMENT		P	1
08/30/2023	ORD: CONDITIONS OF RELEASE
08/30/2023	NTC: NOTICE		D	1
	Notice of Polygraph Examination and Certificate of Service
08/30/2023	SEALED DOCUMENT
08/23/2023	NTC: HEARING (JURY TRIAL)
	8/26/24 @ 9:00 a.m.
08/23/2023	NTC: HEARING (PRETRIAL CONFERENCE)
	7/22/24 @ 9:00 a.m.
08/22/2023	TAPE & LOG RECEIPT
	08/22/2023, Maria Fuentes Sanchez, Court Room 4
08/17/2023	RESPONSE		P	1
	State's Response to Defendant's Motion for Change of Venue
08/15/2023	REPLY		D	1
	ALEXEE J. TREVIZO S REPLY TO RESPONSE OF STATE TO EXERCISE OF PRIVILEGE, MOTION TO SUPPRESS, MOTION FOR PROTECTION ORDER AND PINA V ESPINOZA PROCEDURE DETERMINATION
08/15/2023	REPLY		D	1
	ALEXEE J. TREVIZO S REPLY TO THE STATE S RESPONSE TO MOTION TO MODIFY CONDITIONS OF RELEASE
08/07/2023	RESPONSE		P	1
	State's Response to Exercise of Privilege, Motion to Suppress, Motion for Protection Order and Pina V. Espinoza Procedure Determination
08/07/2023	RESPONSE		P	1
	State's Response to Defendant's Motion to Reconsider Conditions of Release
08/01/2023	SEALED DOCUMENT
07/31/2023	NTC: HEARING (MOTION)
	8/22/23 @ 1:30 p.m.
07/31/2023	REQUEST FOR HEARING/ SETTING
	Request for Hearing
07/31/2023	MTN: MOTION
	MOTION FOR CHANGE OF VENUE, MOTION THAT A DETAILED JURY QUESTIONAIRE BE SUBMITTED TO POTENTIAL JURORS AND MOTION FOR INDIVIDUAL VOIR DIRE
07/31/2023	MTN: to Revoke or Modify Release 5-403		D	1
	Motion to Modify Conditions of Release
07/31/2023	MTN: MOTION
	MOTION TO TAKE VIDEO DEPOSITION OF DANIEL T. ANDERSON, M.S., D-ABFT-FT, ABC-GKE, FORENSIC TOXICOLOGIST FOR USE AT TRIAL
07/25/2023	MTN: MOTION
	MOTION TO TAKE VIDEO DEPOSITION OF DANIEL T. ANDERSON, M.S., D-ABFT-FT, ABC-GKE, FORENSIC TOXICOLOGIST FOR USE AT TRIAL
07/25/2023	WITNESS LIST
	Defendant's Witness List
07/25/2023	SEALED DOCUMENT
07/24/2023	MTN: TO SUPPRESS
	EXERCISE OF PRIVILEGE, MOTION TO SUPPRESS, MOTION FOR PROTECTIVE ORDER AND PINA V ESPINOZA PROCEDURE DETERMINATION
06/29/2023	NTC: HEARING (JURY TRIAL)
06/29/2023	NTC: HEARING (PRETRIAL CONFERENCE)
06/29/2023	ORD: OF CONTINUANCE
06/28/2023	MTN: FOR CONTINUANCE		P	1
	for 09/11 PTC and 10/02 JT
05/31/2023	NTC: HEARING (JURY TRIAL)
05/31/2023	NTC: HEARING (PRETRIAL CONFERENCE)
05/30/2023	WAIVER OF ARRAIGNMENT
05/23/2023	NTC: HEARING (ARRAIGNMENT)
05/22/2023	JDG: NOTICE OF JUDGE ASSIGNMENT
	CASE REASSIGNMENT
05/19/2023	REQUEST FOR COPY OF TAPES/CD/AUDIO		D	1
	PD Tape Request
05/19/2023	DISCLOSURE REQUEST		D	1
	Notice of Discovery Demand
05/19/2023	ENTRY OF APPEARANCE
	Entry of Appearance
05/19/2023	JDG: JUDGE EXCUSAL/PEREMPTORY CHALLENGE		P	1
05/19/2023	NTC: REQUEST/ DEMAND FOR DISCOVERY		P	1
05/19/2023	DEMAND FOR ALIBI		P	1
05/19/2023	DISCLOSURE		P	1
05/19/2023	WITNESS LIST		P	1
05/18/2023	OPN: CRIMINAL INFORMATION / COMPLAINT

Caselookup - Disclaimer

caselookup.nmcourts.gov

Docket Update on the Criminal Case:

State of New Mexico v. Alexee Trevizo
Case Number: D-503-CR-202300159

11/18/2024	REPLY/ RESPONSE TO MEMORANDUM BRIEF
	State of New Mexico's reply brief
11/14/2024	TRANSMISSION OF PROCEEDINGS/ SUPREME COURT/ COURT OF APPEALS
11/12/2024	NTC: OF FILING
	Affidavit of Non-Addmitted Lawyer Ji Seon Song
11/12/2024	MTN: MOTION
	Appellant's Unopposed Motion to Supplement the Transcript of Proceedings with the May 16,2023 Priliminary Hearing Audio - File in Supreme Court
11/12/2024	ORD: ORDER
	Filed in Supreme Court
11/12/2024	MTN: MOTION
	American College of Obstetricians and Gynecologists' Motion for Leave to File Brief as Amicus Curiae - File in Supreme Court
11/12/2024	NTC: OF FILING
	Affidavit of Non-Admitted Lawyer Khadijah Silver - Filed in Supreme Court
11/12/2024	MTN: MOTION
	for Leave to File Brief as Amici Curiae in Support of Defendant-Appeallee Alexee Trevizo - File in Supreme Court
11/12/2024	AFFIDAVIT
	of Non-Admitted Lawyer Jazmyn Taitingfong - Filed in Supreme Court
08/28/2024	NTC: HEARING (STATUS)
	09/04/2024 @ 8:30 AM
08/27/2024	NTC: HEARING (STATUS)
	8-29-24 at 3pm
08/05/2024	MTN: TO QUASH		IT	1
	Motion to Quash Subpoena to AGH
08/02/2024	Limited Entry of Appearance		P	1
	Limited Entry of Appearance -- Michael J. Thomas
07/23/2024	ACKNOWLEDGEMENT
	Receipt of Designated Exhibits By the Supreme Court
07/18/2024	TRANSCRIPT DESIGNATION
	Transmittal Notice of Taped Transcript to Supreme Court
07/18/2024	TRANSMISSION OF RECORD PROPER
07/17/2024	MTN: TO QUASH		IT	1
	Motion to Quash Subpoena
07/15/2024	EXHIBIT LIST
07/15/2024	EXHIBIT DESIGNATION
	Transmittal of Designated Exhibits to the Supreme Court
07/12/2024	NTC: HEARING (PRETRIAL CONFERENCE)
	Amended - 8/6/24 @ 9:00 a.m.
07/12/2024	ENTRY OF APPEARANCE		D	1
07/11/2024	SEALED DOCUMENT
07/09/2024	ORD: ORDER
	Granting Motion to Provide Tapes of all Proceedings, Record Proper, Court Reporter's Minutes and Exhobits
07/08/2024	TRANSCRIPT DESIGNATION
	Transmittal Notice of Taped Transcript to Supreme Court
07/08/2024	SEALED DOCUMENT
07/08/2024	NTC: HEARING (STATUS)
	7/15/24 @ 2:30 p.m.
07/05/2024	STATEMENT OF ISSUES /SUPREME COURT
07/05/2024	MTN: MOTION		D	1
	Motion to Provide Tapes of All Proceedings, Record Proper and Court Reporter's Minutes and Exhibits
07/05/2024	MTN: TO APPOINT ATTORNEY		D	1
	Motion for Appointment of Counsel
07/03/2024	MTN: TO QUASH
	Motion to Quash Subpoena by ASHD

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Event Date​

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Event Description​

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Event Result​

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Party Type​

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Party #​

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Amount​

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Register of Actions Activity​

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Caselookup - Disclaimer

caselookup.nmcourts.gov

ETA:

Records show the Aug. 26 trial date was canceled as the Supreme Court considers the case, with a Sept. 13 deadline set for the “brief in chief” to present the facts of the appeal. Subsequent answer and reply briefs would be submitted within 60 days from that date, according to a timeline set by the Supreme Court in a July 31 notice.

From the docket, it appears reply briefs filed during November 2024, so the wait continues as the Supreme Court considers the case.

https://www.artesianews.com/trial-delayed-for-alexee-trevizo-accused-of-killing-newborn-at-hospital/

 

[Seattle1]

Frequently Asked Questions (FAQs) - Court of Appeals

coa.nmcourts.gov

How long will it take the Courts to decide my case?

The answer to this question depends on many factors. From the time you file your notice of appeal to the time of decision can be as short as two months or as long as two and one-half years. A decision in two months requires that you file your docketing statement immediately after the notice of appeal and requires that the appeal be decided on the summary calendar and that everything else happens as quickly as possible. Usually, however, cases on the summary calendar take an average of five to six months to decide from notice of appeal to decision. Cases assigned to the general calendar take an average of a year and one-half to decide from notice of appeal to decision. On the general calendar, the time from submission to decision averages six months. However five percent of the Court’s cases assigned to the general calendar will take longer than one year from submission to decision.

What factors are used to determine whether an opinion is a memo (unpublished) or formal (published) opinion and who makes the decision?

The panel assigned to the case makes the decision, and as with all Court of Appeals decisions, the majority of the panel (two judges of the three assigned) make the decision. The criteria for memorandum opinions are contained in NMRA 12-405(B), and they generally concern whether the case result is determined by settled New Mexico law: either statutory, rule, or case law or the presence of substantial evidence or absence of harm to the complaining party. If out-of- jurisdiction authorities need to be cited, it is generally a sign that the opinion needs to be formal. Even if all of the authorities cited are New Mexico authorities, an opinion may be issued in formal form if the judges think that it will provide needed guidance to the bench and bar.

 

[Ashleym324]

Reading today about a teen arrest in Idaho reminded me that New Mexico is also a "Safe Haven" state where AT could have handed the infant over to hospital staff and walked away with no questions asked. She did not have to stuff the infant in a plastic garbage bag at the bottom of the rubbish bin to suffocate.

State of New Mexico | Children, Youth & Families Department

Learn about the New Mexico Safe Haven for Infants Act. CYFD's protective services provide a safe and anonymous option for newborns in need of care.

www.cyfd.nm.gov

Teen arrested after staff make horrifying discovery in safe haven box

Angel N. Newberry, 18, was taken into custody by the Blackfoot Police Department on November 21 for reportedly leaving a dead newborn girl in the box at the Grove Creek Medical Center

www.dailymail.co.uk

I wonder if she was aware of the safe haven laws?

 

[RickshawFan]

I wonder if she was aware of the safe haven laws?

They probably teach that in high school. And there had been a very recent case, right before Treviso's also in New Mexico, where a baby was thrown in the dumpster. I believe the perp, by terrible coincidence, was called Alex? I'm sure kids would have been discussing it, like everything sex.

 

[Ashleym324]

They probably teach that in high school. And there had been a very recent case, right before Treviso's also in New Mexico, where a baby was thrown in the dumpster. I believe the perp, by terrible coincidence, was called Alex? I'm sure kids would have been discussing it, like everything sex.

Idk I doubt kids minds are on this sort of thing. This girl literally ignored the fact she was pregnant until she gave birth. I doubt she even know what a safe haven is. Just wonder how this could’ve turned out if she had known. (I’m going to assume she didn’t know)

 

[JennieM]

Her mom must have known about safe havens though. And her mom must have known she was pregnant.

 

[Seattle1]

While a version of the Safe Haven Act exists in all 50 states, what is different is the time frame to surrender the infant appears to vary from state to state. For example, while some states only provide for up to 72 hours, others such as New Mexico allow for leaving up to a 90 day old baby at a safe site.

From the dated linked article below, TX was one of the first states to enact the law followed by AZ in 2001. Reportedly, New Mexico's Safe Haven for Infants Act was enacted in 2005. This was almost 20 years ago! During the Skylar Richardson trial, we learned that all public schools in Ohio provided thorough outreach about the program to its students -- male and female. I'd like to think in this day and age that NM does the same. Also, it's not like AT lived a secluded, shy life. She was a cheerleader and very active in school. Many school admins and counselors depend on the school social groups, clubs, cheer squads, etc., to help spread the word about such programs.

10/12/2013 -- Many remain unaware of Baby Safe Haven laws

 

[RickshawFan]

Idk I doubt kids minds are on this sort of thing. This girl literally ignored the fact she was pregnant until she gave birth. I doubt she even know what a safe haven is. Just wonder how this could’ve turned out if she had known. (I’m going to assume she didn’t know)

She could’ve known all that, but she was in denial about her pregnancy. She even had a name picked up. IIRC in the ultimate narcissistic mode, she picked Alex.

 

[Ashleym324]

She could’ve known all that, but she was in denial about her pregnancy. She even had a name picked up. IIRC in the ultimate narcissistic mode, she picked Alex.

That’s true, I forgot she had a name picked out.
I’m curious to see how this trial will go.

 

[Seattle1]

Alexee Trevizo case: New Mexico Supreme Court accepts Amicus Brief

A trial date for the woman accused of murdering her baby in a hospital remains unset. The newly approved legal documents can be used by the court during case review.

www.newswest9.com

12/16/24

ARTESIA, New Mexico — In early December, the New Mexico Supreme Court officially accepted Amicus Briefs from parties outside the State of New Mexico versus Alexee Trevizo case.
The court could now consider these documents as the case is being reviewed.

 

[everlearning]

Alexee Trevizo case: New Mexico Supreme Court accepts Amicus Brief

A trial date for the woman accused of murdering her baby in a hospital remains unset. The newly approved legal documents can be used by the court during case review.

www.newswest9.com

12/16/24

ARTESIA, New Mexico — In early December, the New Mexico Supreme Court officially accepted Amicus Briefs from parties outside the State of New Mexico versus Alexee Trevizo case.
The court could now consider these documents as the case is being reviewed.

@Seattle1 is this good news for her prosecution?

 

[Seattle1]

@Seattle1 is this good news for her prosecution?

The term "amicus curiae" is Latin for "friend of the court".

Here, the amicus briefs approved by the court for case review does not merely side with one party but presents arguments and relevant data to aid the court's decision making process. In this case, the appellate is faced with deciding very technical issues, and I'd say the approval is good for both sides.

I've not tried to identify or download the briefs yet. Don't know if they're publicly available or if we have to wait until the decision/opinion published. MOO

 

[Seattle1]

12/19/24

Did Alexee Trevizo Know She Was Pregnant? | Vinnie Politan Investigates

After Alexee Trevizo’s newborn baby was found dead in a hospital, Vinnie Politan investigates the video evidence and questions if she knew she was pregnant.

www.courttv.com

Did Alexee Trevizo Know She Was Pregnant? | Vinnie Politan Investigates​

 

[Seattle1]

Per Vinnie Investigates linked above, the safe haven boxes (located in every county in the state) have been utilized several times since the Trevino case.

In July 2023 -- a Judge in the Judicial Court granted the defendant's motion to suppress statements AT made inside the hospital in the presence of the Artesia hospital staff and Artesia Police as well as video footage.

The most recent approved documents were filed by Professor Ji Seon Song, the American Civil Liberties Union (ACLU) of New Mexico and the National Police Accountability-- are in support of patient confidentiality (same as the ruling by the lower court to suppress the evidence ). Other approved legal documents were filed by the American College of Obstetricians and Gynecologists.

It will be interesting whether or not the higher court recognizes the role of mandatory reporters and police called to investigate a crime at the hospital, or ignores their role in favor of patient confidentiality pursuant to HIPAA.

NMSC accepts Amicus Briefs...

​