ARTESIA, N.M. — The New Mexico Supreme Court is deliberating whether statements made by Alexee Trevizo, a teenager charged with killing her newborn, should be allowed as evidence during her trial. The court reviewed oral arguments on September 4 concerning the admissibility of communication between Trevizo, medical staff, and her mother at Artesia General Hospital in January 2023. A decision is pending.
Trevizo, 19 at the time of the incident, was accused of disposing of her newborn son in a hospital trash can shortly after giving birth in a bathroom. Court documents indicate that hospital staff discovered the baby concealed in a trash bag, raising significant questions about the circumstances surrounding his death.
During the hearing, Trevizo’s attorney, Amber Fayerburg, emphasized that the lines between caregiver and investigator could be blurred if the state’s arguments prevail. She contended that allowing police to interrogate her client in a medical setting undermines the trust patients have in healthcare providers during vulnerable moments.
Conversely, Michael Thomas, representing the New Mexico Department of Justice, argued that law enforcement acted appropriately given their growing concerns. He stated that doctors and nurses communicated with the police in a manner consistent with the need to ensure the safety of both Trevizo and her child.
In a previous ruling, the District Court supported the defense’s request to exclude Trevizo’s statements made to medical personnel, citing doctor-patient privilege. Fayerburg insisted that Trevizo was seeking medical attention and should have had the right to confidential discussions without the presence of police.
Following the ruling, the state appealed, asserting that Trevizo was not in custody when the statements were made, thus making them admissible. A scheduled jury trial for Trevizo was postponed, reflecting the ongoing legal complexities surrounding the case.
The tragic situation unfolded when Trevizo sought medical help for back pain, only for physicians to discover she was in labor. After giving birth alone in a restroom, she reportedly panicked, leading her to conceal the baby. The investigation that followed raised ethical concerns regarding the role of medical staff in such situations.
Statements captured through police body cameras depicted a tense scene where Trevizo’s mother inquired about the baby’s well-being while the medical staff expressed alarm over the delivery circumstances. This has fueled ongoing debates about patient rights versus law enforcement responsibilities in healthcare settings.
As deliberations continue, Trevizo’s case underscores the intricate relationship between legal proceedings and medical ethics, particularly how they impact young mothers in precarious positions. The Supreme Court’s forthcoming decision could set important precedents in the realms of both criminal law and healthcare privacy.