Alexee Trevizo, a 19-yr old was charged with first-degree murder
Court proceedings related to Alexee Trevizo, the New Mexico teen charged in connection with the death of her newborn, continue. Pixabay

Alexee Trevizo, a 19-year-old high school senior from Artesia, New Mexico, made headlines in 2023 after being charged with first-degree murder for allegedly giving birth to a newborn in a hospital bathroom and placing the baby's body in a trash can.

The shocking case has since raised questions about legal protection for patients, Miranda rights, and whether Trevizo could face criminal charges at all. But more than that, it has brought back a broader focus on the nature of the crime committed by Trevizo, who is now a 21-year-old adult.

The Incident That Sparked a Legal Battle

On 27 January 2023, Trevizo arrived at Artesia General Hospital complaining of severe back pain. Medical staff discovered she was in labour, a fact Trevizo allegedly did not know herself. She reportedly locked herself in a bathroom to give birth, after which a hospital cleaner discovered the newborn's body inside a trash bag.

Alexee Trevizo was charged for murder in 2023.
Alexee Trevizo, the New Mexico teen, was charged with murder in 2023 for allegedly killing her newborn baby. Pixabay

Authorities were immediately notified, and police captured some interactions between Trevizo, her mother, and medical staff via body cameras.

In the video footage, Trevizo allegedly said, 'I'm sorry, it came out of me and I didn't know what to do.' When her mother pressed her to tell the truth, Trevizo reportedly replied, 'I was scared ... it was not crying or nothing.'

According to an amicus brief filed with the New Mexico Supreme Court, Trevizo allegedly admitted, 'Yeah... in the trash bag,' when asked about the location of the newborn by her mother.

Legal Proceedings and Court Rulings

Trevizo was arrested on 10 May 2023, and charged with first-degree murder, child abuse, and evidence tampering.

However, in 2024, the New Mexico Fifth Judicial District Court ruled that all statements she made to hospital staff, her mother, and law enforcement, as well as video footage from the hospital and police body cameras, were inadmissible under doctor-patient privilege.

Under the US law, the doctor-patient privilege protects the confidentiality of communications between a patient and their healthcare provider; without the patient's consent, these exchanges cannot be disclosed. Hence, this ruling effectively blocked the prosecution from using what had been the core evidence of the case.

Meanwhile, prosecutors subsequently filed an appeal with the New Mexico Supreme Court. They contend that Trevizo was 'not under arrest or restraint' during the hospital interactions and 'waived any privilege when she made statements in the presence of her mother and law enforcement agents'.

Oral arguments were heard on 4 September 2025, but the court has yet to issue a ruling.

Defence Argues Broader Implications

According to reports, defence attorney Amber Feyerberg warned that the case carries ramifications beyond Trevizo herself. 'Physicians and medical personnel take on the role of caregiver. Police take on the role of investigator,' she said. 'Vulnerable patients would be at risk if the state were allowed to proceed with the case and use the statements.'

Doctor-patient privilege, also known as physician-patient privilege.
Under the US law, the doctor-patient privilege protects the confidentiality of communications between a patient and their healthcare provider. Pixabay

Trevizo's lawyer, Gary C. Mitchell, also argued that she was effectively detained by the hospital on behalf of law enforcement, which he said violated her Fourth Amendment rights. 'Everything that happens from the time she first went to the hospital ... could not be given out to police without a waiver from my client, and we didn't waive it,' he said.

What Comes Next

The case against Trevizo now sits with the New Mexico Supreme Court, which must decide whether her hospital-room statements can be used at trial. Meanwhile, prosecutors insist she waived any protections, while her attorneys argue that police and medical staff blurred the line between treatment and interrogation.

Civil rights groups, including the ACLU (American Civil Liberties Union) and the American College of Obstetricians and Gynaecologists, have also reportedly weighed in on the matter, warning the outcome could reshape patient privacy statewide.

Furthermore, as Trevizo continues her studies remotely at New Mexico State University, the ruling will determine whether she faces a trial that could carry a life sentence.

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