Alexee Trevizo, a New Mexico high school cheerleader once charged with first-degree murder, may no longer face trial after a major court ruling threw out key evidence.
In 2024, the New Mexico Fifth Judicial District Court decided that Trevizo’s statements made while in her hospital bed — along with hospital surveillance video and police body camera footage — could not be used in court. The judge ruled that those conversations were protected under doctor-patient privilege.
That decision severely weakened the state’s case. Prosecutors later filed an amicus brief with the Supreme Court, arguing that Trevizo’s statements to her mother and medical staff in front of police officers should still be admissible.
Her defense lawyers countered that Trevizo’s rights were violated because she was not read her Miranda rights before making those statements. Assistant Solicitor General Michael Thomas argued last week that police were not questioning her at the time, so Miranda warnings were not required. The state also said Trevizo “waived any privilege” by speaking in the presence of both her mother and law enforcement.
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Another issue involves body cameras. Defense attorneys said Trevizo’s privacy was violated when police wearing body cameras entered her treatment room. Prosecutors argued in their brief that Trevizo was not under arrest, was free to leave, and that the conversation between her and a doctor did not qualify as interrogation.
One justice questioned whether Trevizo truly felt free to leave, given that multiple armed officers were present and later guarded her hospital room door.
At this stage, the only hospital evidence allowed in court comes from staff who reported a possible crime to police. The Supreme Court’s upcoming decision could change that.
Trevizo’s lawyer warned that reversing the lower court’s ruling could set a precedent that violates the privacy rights of anyone seeking medical care in New Mexico.
The case began on January 27, 2023, when Trevizo went to Artesia General Hospital for severe back pain. She was given morphine and tests were run. She later went to the bathroom, returned to her bed, and stayed quiet. A hospital cleaner later discovered the body of a newborn in the bathroom trash can and alerted staff.
Police were called, as required by law. One officer recorded body camera footage of Trevizo speaking with her mother, a nurse, and a doctor. According to the state’s amicus brief, Dr. Heather Vaskas told Trevizo: “We discovered a dead baby in the bathroom.” Trevizo allegedly responded: “I’m sorry, it came out of me, I didn’t know what to do.”
Her mother then asked, “How big is the baby?” The nurse said the baby looked full term. Trevizo allegedly said, “Nothing was crying.” When pressed further, she admitted she had placed the newborn in a trash bag.
Based on those statements and hospital security video showing Trevizo entering and leaving the bathroom, the district attorney’s office charged her with murder, child abuse, and tampering with evidence. But all that evidence is now inadmissible under the district court’s ruling.
Prosecutors argued that the hallway video should still be allowed, since it was taken in a public area and not part of Trevizo’s private medical care.
Trevizo claimed the baby was stillborn. She was released after treatment and returned to school until an autopsy revealed the child had air in his lungs and signs of hypoxia, suggesting he had been alive at birth. She was arrested on May 10, 2023, and charged with first-degree murder.
Although prosecutors fought to keep her in custody, a judge allowed her release. Trevizo attended prom but was asked not to attend her high school graduation. She was later permitted to attend college, though students started a petition to have her removed.
Her lawyer has maintained that Trevizo is innocent, saying she did not know she was pregnant until she gave birth in the hospital bathroom.
