By Faith Egbuonu

ARTESIA, New Mexico (KOAT) -- On Thursday, Sept. 4, 2025, the New Mexico Supreme Court heard oral arguments to determine if suppressed evidence of discussions made between Alexee Trevizo, her mother, and medical staff could be used in Trevizo's trial. As of Thursday, no decision has been made. The Supreme Court has taken the oral arguments under advisement and deemed them submitted to be decided at a later date.

On Jan. 27, 2023, Trevizo, then 19, was arrested and charged with first-degree murder after investigators alleged, she tossed her newborn into a trash can after giving birth inside a bathroom at the Artesia General Hospital in New Mexico.

"Physicians and medical personnel take on the role of caregiver. Police take on the role of investigator. If we accept the state's position in this case, that line completely disappears and it's to the detriment to the patients of New Mexico at their most vulnerable moment," Trevizo's attorney, Amber Fayerburg, argued during Thursday's oral arguments.

"The police naturally are going to want to talk to the doctor, to the nurse, and get a little bit of information before they walked in there. I think the police acted very reasonably. They talked to the doctor. They talked to the nurse," Michael Thomas with the New Mexico Department of Justice argued during Thursday's oral arguments.

"I think the police is smart enough to realize that just because this charge nurse is telling them this, that and the other — that's just for the police officer's information," Thomas added.

In 2023, Trevizo visited the emergency room for back pain. Doctors determined she was pregnant and in labor. According to court documents, she locked herself inside a bathroom where she gave birth to a baby boy. Shortly after, medical staff found the newborn's body concealed in a trash bag inside a trash can.

In 2024, the District Court ruled in favor of the defense to exclude all statements Trevizo made to her medical providers due to "doctor-patient privilege." Trevizo's attorney, Gary C. Mitchell, argued police officers should not have been inside the hospital room, particularly with body cams, because Trevizo was seeking medical care.

The District Attorney's Office filed an appeal with the New Mexico Supreme Court to challenge the suppression of evidence. The state argues that Trevizo was not in custody. They also claim her statements to medical staff and doctors should be admissible. A jury trial for Trevizo was scheduled for Aug. 26, 2024, but it was removed from the docket after the appeal was filed.

What is Doctor/Physician-Patient privilege?"Physician-patient privilege is a legal protection that keeps a patient's confidential communications with their doctor private, preventing doctors from testifying about a patient's medical information in legal proceedings unless the patient waives the privilege."

Medical staff conversations with Artesia Police Department via BodycamHospital housekeeper: "When I picked up the trash, I thought it was heavy, and so I started looking in there and at the very bottom, she had it covered with some toilet paper."Charge nurse: "She just had it (the baby). She had it in the bathroom is what happened. The baby is dead. She killed the kid. She put the baby in the trash can. Then, she put another clean liner over the top of it."Discussions between Trevizo, medical staff and Trevizo's mom via police body camTrevizo's mother: "Like, how big is the baby?"Charge nurse: "Full-term"Mother: "What? 9 Months?"Alexee: "Nothing was crying."Mother: "Where did you put the baby at? Tell me the truth. You put it in the bag?"Alexee: "Yeah."Mother: "In what bag?"Alexee: "The trash bag."Mother: "Why didn't you say anything to us?"Alexee: "I was scared."Doctor: "I'm sorry about this. In terms of delivering the baby, it looks like you tried to hide it. We do have to have the police involved."

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