A New Mexico teenager who stands accused of throwing her newborn baby in a trash can could escape trial due to a technicality.
Alexee Trevizio's case is currently being reviewed by the state Supreme Court after she was charged with first degree murder after allegedly throwing the infant in the trash at an Artesia hospital. But prosecutors may now decide their isn't enough evidence for her to to trial.
Meanwhile, Trevizio's attorneys have claimed several reasons why the case shouldn't stand, they say that the police didn’t read her Miranda rights and that hospital workers violated HIPAA rights as she didn’t consent to them providing the police with information. They therefore believe any statement that she made to law enforcement or to doctors should not be allowed at the trial.
A decision is yet to be made. Trevizio - who was 19 at the time - was originally arrested under charges for first-degree murder charge with the alternative of child abuse resulting in death, and tampering with evidence. Investigators found that she attended Artesia General Hospital in January complaining of back pains.
ALL THE LATEST CRIME NEWS AND UPDATES
She allegedly denied being pregnant to doctors who subsequently did lab work and found she was pregnant. Trevizio then locked herself in the restroom for a length of time, when she returned a housekeeper called two nurses having found a large blood spill in the restroom and realizing the trash bag was heavier than normal.
Upon arrival in the restroom the nurses found the baby in the trash bag. Trevizio reportedly told her doctors that the baby was not breathing when he was born and that she did not know what to do with him because he wasn't crying. Investigators say she then put the baby in the trash bag.
The investigation determined that the baby had been born alive and died shortly after he was born. Investigators suspected that he died due to being trapped inside the bag where he could not breathe. On March 28 the baby's death was ruled a homicide by the OMI autopsy.
Trevizo was subsequently arrested and charged with first-degree murder. The Artesia Police Department released the following statement: “Our officers and crime scene investigator, along with the hospital staff, experienced a heartbreaking situation on that January morning and have been coping with what they encountered.
"One of the worst calls any first responder or public service person has to respond to, is the severe injury or death of a child. We are expected to be 'tough' in those types of incidents because of our job titles, but in all actuality, we are quite the opposite after we have time to process what happened.
"Our routine calls of service or emergency responses are usually carried out easily with commitment and dedication to our city, but a call like this can be a breaking point for some or all of those involved. It’s important that we provide the very best resources, counseling, and stress management tools to help our staff cope with this traumatic event, so that they may continue their dedicated service.”
Local News
