On the left: Alexee Trevizo as seen in her Artesia Police Department mugshot; On the right: Body camera footage captures Trevizo in the hospital postpartum (Law&Crime).
In a pivotal decision, New Mexico’s highest court has barred prosecutors from using statements made by a woman in distress after she allegedly murdered her newborn by discarding the infant in a hospital restroom. The woman, now in the legal spotlight, stands at the heart of a chilling case that has gripped the community.
The New Mexico Supreme Court, in a decisive unanimous ruling, upheld a prior trial court’s decision to exclude evidence deemed to have breached the sacrosanct physician-patient privilege. This judgment underscores the court’s commitment to maintaining confidentiality in sensitive medical interactions.
The controversial case against Alexee Trevizo, now 22, traces back to January when, as a 19-year-old, she faced allegations tied to the tragic birth and the baby’s subsequent death earlier in 2023. Legal proceedings commenced in May, thrusting the young defendant into an intense judicial scrutiny.
After her arrest, Trevizo made a brief court appearance in August 2023. During this session, her legal counsel, Gary C. Mitchell, adeptly secured a critical victory by arguing successfully for the suppression of evidence. This legal maneuver could greatly influence the course of her ongoing trial.
The justices stressed that one mandatory requirement for a waiver of the privilege is “the mental and physical capacity” and that in the case, Trevizo lacked such capacity due to her medical condition.
The court heavily criticized how the doctor handled the situation:
Defendant presented at the emergency room in excruciating pain, was administered numerous medications, including narcotics, at unknown doses, she gave birth, and she suffered ongoing life-threatening blood loss. Despite her unresolved medical crisis, Dr. Vaskas, without authorization, ambushed Defendant, bringing with her two-armed officers who stood in the doorway of her hospital room, and disclosed her personal medical information to all persons in the room without warning.
“Defendant was not given the opportunity to exclude anyone from the room before Dr. Vaskas discussed her condition in the presence of others,” the opinion concludes. “Considering this sudden unauthorized disclosure, coupled with Defendant’s compromised medical condition, under the totality of the circumstances, we cannot conclude that Defendant’s waiver of her physician-patient privilege was voluntary.”
The post Woman accused of killing and dumping newborn in hospital trash was ‘ambushed’ by her doctor and ‘lacked capacity’ to waive confidentiality, state supreme court rules first appeared on Law & Crime.